Every profession, including the legal field; has its own language or specific terms define procedures, actions and outcomes. Therefore, in order to gain understanding it is highly recommended that the pro se' litigant become familiar with these terms. Although, other resources about legal terms are provided in this teaching; the focus is on civil cases. Therefore, review all the resources included, but we recommend that the student focus on the terms listed on this page. After-Acquired Evidence: Is a tactic that former employers and their lawyers use to try and avoid paying the Plaintiff back wages that they owe. The employer will search in employee's past work history to try and find issues of negative conduct or a negative reason …show more content…
Attorney-client privilege: A legal privilege that works to keep communications and work-product documents prepared for litigation secret between an attorney and his or her client. The Attorneys can’t claim work product and attorney-client privilege protection for documents prepared in the ordinary course of business by the company or employer. (Ex: company records, employee records, and files) Diversified Industries, Inc. v. Meredith, 572 F.2d 596, 604 (8th Cir. 1977). An attorney-client privilege only protects the conversation between her and the client and the work he produced for the trial; not documents prepared by the employer or company in the ordinary course of business. See work-product doctrine Argument: To reason, rebut or to prove a point or with written or verbal proof. Attestation: Signing a legal document as a witness, affirming that the information is given or stated is true. Bad Faith: To enter into any transaction with the intent to deceive or mislead to gain the advantage or win. Bifurcation: The division of a trial into two phases; liability and a penalty phase. Black Letter Law: Also known as Black's Law is established, well-known principles of laws that are not doubted or disputed. Bona fide: In good faith without known defects. Brief: Is a compilation of documents stating the facts of a case in chronological order along with relevant
Arguments can be made out of just about anything. An argument has two sides, and conveying an opinion is one of those two sides. Arguments sort out the views of others and the support of those arguments represented by those people from past events. These events let others show their argument about what will happen in the future, and of how the future carries on today. Newspaper articles can be arguments, and laws being passed in Congress have a form of argument associated with them. There are many types of arguments that are presented in many ways. In Everything’s an Argument by Andrea A. Lunsford and John J. Ruszkiewicz, information is given about three specific types of argument: forensic, deliberative, and ceremonial. Forensic arguments
Now a day’s evidence can change a person’s life in the blink of an eye. “People were often punished for crimes based on the word of one or two individuals, with little concern given to sorting out the truth of the affair” (Hunter 12). But today a person must be tried and some physical evidence is needed in order for a person to be convicted of a crime.
Throughout the course of history there has been a few basic pioneer traits which has become habitual and a way for humans to express themselves. One of the main and core habits which is an important way of expressing ourselves is through communication. Furthermore, as one becomes more precise about communication, they soon realize that they might not have the same views on certain topics. Hence, this leads to argumentation, which is the process of supporting an idea or simply a means for one to express and communicate themselves. Typically, an argument does not consist of name calling, and as a matter of fact disapproves ideas without evidence. Alternatively, good arguments consist of a few vital rhetorical issues such as, supporting evidence,
Identification of Parties and Procedural Details: Who is the Plaintiff/Appellant? Who is the Defendant/Appealer? What is the cause of action? Who prevailed in lower court? Who is appealing to what court?
This is used when someone has evidence that it wasn’t them by showing where they were or when they were with someone else at the time of the crime.
to find enough evidence to support their claim for a crime they either didn’t commit or an
to submit material evidence that the alleged incident actually happened at the time and place stated in Plaintiff’s sworn Affidavit, January 28, 2016;
In addition, evidence covers admissibility, burden of proof, relevance, sufficiency and weight of what could be admitted into the
Criminal cases encompass a limited allowance of pretrial discovery proceedings similar to those in municipal situations, with substantial restrictions to protect the persona of government informants and to prevent intimidation of observers. The lawyers furthermore may document motions, which are requests for rulings by the court before the trial. For example, protecting against lawyers often document a shift to suppress clues, which inquires the court to omit from the trial clues that the defendant believes was obtained by the government in violation of the defendant's legal privileges.
“The principal functions to be served in providing for pretrial discovery of documents are (i) to acquire accurate and useful information with respect to testimony which is likely to be presented by an opponent, (ii) to obtain information which appears reasonably calculated to lead to the discovery of admissible evidence, and (iii) to use as an aid in cross-examining the opponent 's witnesses.” Kelch v. Mass Transit Admin., 287 Md. 223, 231 (1980). Moreover, in a motion to compel a discovering party has a burden of production to show that there is a failure of discovery that falls within to one of the specifically enumerated categories articulated in Md. Rule 2-432 (b)(1)(A)-(G). Specifically, 50NL must show that they are entitled to “an
The objective of this book was to review the Discovery Process, the Federal Rules of Procedures , the tools to gather evidential information and permissible motions. After filing your pleading the courts will set an sheduling order to guide the procession of Pre-trial process. The Discovery Process is a time for exchanging evidence, documents and names of witnesses. However, if your case is strong, the opposing side will request a settlement during Discovery; in order to keep the case out of court. If the settlement isn't agreement isn't reached; discovery will resume as planned.
There are two major areas of law, civil law and criminal law. As a society, people tend to not pay attention to law unless they are in the middle of an issue. The two areas of law are important to know though, since an issue can occur at any time and it is important to be prepared and have a basic understanding of what is happening and what to do. Many people do not know the distinction between civil law and criminal law, and while the ramifications vary considerably for each, the cases can occur simultaneously, which is why it is important to know the differences and in what scenarios each form is used.
• Undesirable personal information could come to light at trial or during the discovery process.
The expression argument has two meanings in scholarly writing. First, it means a composition that takes a position on one side of a divisive issue. You might write an argument against the death penalty, or for or against censorship of pornography. But argument has another meaning, too. It means an essay that, simply, argues a point. You might assemble an argument about the significance of ancestor myths in a certain aborigine culture, or you might write an argument defending your understanding of any poem or essay that is read in your philosophy class. (Winthrop University) You are not necessarily taking one side of a divisive issue, but you are required to defend your points with credible evidence. You are taking a position. In a sense,
In this essay we will discuss the process of legal research, writing, and analysis. The subject matter will be presented in a clear, concise and objective manner. The textbook that we will be referencing is "Gilbert Law Summaries: Legal Research, Writing, and Analysis" 10th ed, BarBri Group, 2006.