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Litigation Chs. 9, 22, 11, 12, 8 Vocab/Concept Review

Across
A ________ dismissal is a dismissal of a civil action by agreement of the parties.
Under the Federal Rules of Evidence, an ______ by a party-witness offered against that party is not hearsay.
Formal written questions that one party poses to another party to obtain information and evidence concerning their litigation are __________.
Deposition testimony may be used to ______ a witness, by introducing deposition testimony that is inconsistent with the witness's trial testimony and thereby casting doubt on the witness's credibility. Also, to _____ is to cast doubt on the credibility of a witness or exhibit by showing inconsistencies in what the witness says or in the use of the exhibit.
Witnesses who have special education, training and experience in a particular subject or field and whose opinions would help the jury to understand the evidence or facts relevant to the case.
A deposition may cover any matter that reasonably could _____ to the discovery of admissible evidence.
Deposition testimony may be admissible evidence at trial if the deponent is not available to testify at ______.
A ____ release is a release of only part of a claim.
A road map used to help an investigator prioritize steps in the investigation, in order to focus on material facts and issues, and to avoid duplication
Serving a subpoena on a nonparty witness is the means ___ which a party makes sure that the nonparty witness appears for the deposition.
The discovery method that involves taking a person's oral testimony for discovery purposes or to preserve testimony as evidence.
Federal Rule of Civil Procedure 30 governs the taking of oral _________.
A written or recorded ________ statement may be subject to discovery by the opposing party.
A ______ is preliminary evidence that shows that the witness had an opportunity to observe the facts and now has an adequate memory to make the testimony reasonably reliable, competent to testify to a matter, establishes personal knowledge.
A fact is ____ if it directly relates to an issue in the case, and affect the parties' legal rights and obligations.
Cross-examination is the examination of an adverse party or a hostile witness in which the examiner may ask _____ questions.
Parties must ____ their interrogatory answers under oath, and counsel must ____ as to any objections.
At deposition, a party's attorney must object to the ___ of the question if it is objectionable, or the objection is waived.
Down
The situs of an accident while conditions are the same as they were at the time of the accident is the accident ______.
Federal Rule of Civil Procedure 33 governs the use of the discovery method of ___________ and limits each party to serving 25 total on each other party.
Evidence that tends to prove a material fact and which is not subject to any exclusionary rule of evidence is ______.
A party who want to take a deposition must serve a _______ of deposition on all other parties, giving them a reasonable amount of time to prepare for the deposition.
_______ evidence is testimony about a fact by an eyewitness who observed the fact, or an exhibit that tends to prove the existence or nonexistence of the fact.
_____ evidence is indirect proof that depends on the application of logic and common experience to infer the existence of a fact, evidence offered to prove one or more facts from which the existence of other material facts can then reasonably be inferred.
An important job of a paralegal is to prepare a _____ of a deposition for the attorney's preparation for and reference at trial.
If there are mistakes in the deposition transcript, the deponent may identify them in an _______ sheet sent to the witness with a copy of the deposition transcript.
A _______ dismissal is a dismissal of a cause of action given by a party without being subject to a court order.
Evidence is ____ if it tends to make the existence of a fact more probable or less probable.
A type of settlement that allows for a settlement to be made in payments, usually by a settling party purchasing an annuity for the benefit of the claimant. The settling party pays a lump sum of money to a bank or insurance company, which provides scheduled benefits to the claimant over a period of years or over the claimant's lifetime.
A ________ release is an agreement between parties to settle their dispute by payment and acceptance of a sum of money within an agreed range, leaving to the court or tribunal the amount of money damages.
Interrogatories are relevant if they are designed to obtain information that would be admissible evidence or _______ ____ the discovery of admissible evidence.
Relevant evidence is admissible, unless an _________ rule of evidence says that it is not.
All ____ have a right to attend all depositions.
A _______ of interview is the interviewer's notes, is not signed by the witness, is the work product of the attorney. The contents do not need to be disclosed to the opposing party. The identity of the witness and the subject of the testimony are not, however, protected from discovery.
Interrogatories may not be served on a _______.
An out-of-court statement offered to prove the truth of the matter asserted, and is not admissible unless it falls within an exception to the hearsay rule.
Verbal evidence (oral or written) given under oath and subject to cross-examination
A notice of deposition must state the _______ by which the testimony will be recorded.
A settlement agreement and release must be reduced to a ________ so that there is evidence that there was a "meeting of the minds" and in order to avoid subsequent disagreements about the terms, scope and limits of the settlement.
Also referred to as a "global" release, a general release ___ all claims between the parties that exist as of the date of the release.