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Civil Litigation
Chapter 4 Del Mar
21
Law
Undergraduate 1
01/28/2012

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Term
representation Letter
Definition
from an attorney to a new client establishing the ground rules of the litigation, including fees, billing rates, retainer, and work to be performed by the law firm.
Term
retainer agreement
Definition
between an attorney and a client setting forth the fee arrangement
Term
release
Definition
a document by which a claim or right is relinquished.
Term
authorization
Definition
a signed statement empowering someone (such as a doctor or employer) to give out information that might otherwise be treated as confidential
Term
medical diary
Definition
a document in which the client keeps track of medical treatment, daily health complaints, type and amount of medication, mileage to physician's offices, and other related medical expenses
Term
agent for service of process
Definition
individual designated by a corporation who is authorized to be served with a lawsuit against the corporation.
Term
agent
Definition
a person authorized (requested or permitted) by another person to act for him or her; a person entrusted with another's business.
Term
service of process
Definition
the delivery (or its legal equivalent, such as publication in a newspaper in some cases)of a legal paper, such as a writ, by an authorized person in a way that meets certain formal requirements. It is the way to notify a person of a lawsuit.
Term
leading question
Definition
a question that shows a witness how to answer it or suggests the preferred answer.
Term
demeanor
Definition
physical appearance and behavior, not what the witness says, but how the witness says it.
Term
direct evidence
Definition
proof of a fact without the need for other facts leading up to it.
Term
circumstantial evidence
Definition
facts that indirectly prove a main fact in question.
Term
presumption
Definition
a conclusion or inference drawn.
Term
judicial notice
Definition
the act of a judge in recognizing the existence or truth of certain facts without bothering to make one side in a lawsuit prove them. This is done when the facts are either common knowledge and undisputed, or are easily found and cannot be disputed.
Term
electronically stored information (ESI)
Definition
computer-generated records such as those found in e-mail files, databases, calendaring programs, and all other relevant data files created by spreadsheets, word processing, or any analogous program.
Term
relevant evidence
Definition
tends to prove or disprove a fact that is important to a claim, charge, or defense in a court case.
Term
character evidence
Definition
testimony about a person's personal traits and habits that is drawn from the opinions of close associates, from the person's reputation in the community, or from the person's past actions.
Term
habit
Definition
the way a person usually responds to a particular situation
Term
hearsay
Definition
a statement about what someone else said (or wrote or otherwise communicated). evidence concerning what someone said outside of a court proceeding that is offered in the proceeding to prove the truth of what was said.
Term
evidence log
Definition
a document attached to an item of physical evidence recording the chain of possession (chain of custody) of that piece of evidence.
Term
expert witness
Definition
a person possessing special knowledge or experience who is allowed to testify at a trial not only about facts (like an ordinary witness) but also about the professional conclusions he or she draws from these facts.
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