EVIDENCE
This is evidence which is directly observable.
What is Direct evidence?
Name 3 pieces of information that you would record or obtain during initial steps of an investigation.
What are date of loss and corresponding SOL, identification information from client, insurance information, location of loss, any reports already on file?
These are the 2 documents filed that usually make up "Pleadings".
What are the Complaint and Answer ?
These are the terms used to describe the party bringing the cause of action and the party responding to the allegations.
What are "Plaintiff" and "Defendant" ?
In NJ, Default is automatic in the Law Division- True ? or False?
What is False ? A motion must be filed after the expiration of the time to Answer.
This is evidence that suggests that something has happened.
What is circumstantial evidence ?
Describe obligations a potential client has with regard to preservation of evidence.
What is a client may not destroy, delete or otherwise alter evidence relevant to a case. If suit has been filed, notice and opportunity to inspect must be provided to the adversary before repairs or destruction of evidence. The client must also assure that electronic evidence is preserved.
Aside from an Answer, this may be filed in response to a Complaint.
What is a motion?
This is the term used for allegations among defendants in the same lawsuit.
What is a crossclaim?
In NJ, Default is automatic in Special Civil Part- True? or False ?
What is True ?
These 2 factors are required for evidence to be considered relevant.
What is the evidence must be material and prove or refute a claim ?
Under what circumstances must an expert be retained with regard to a case ?
What is when the subject matter is "beyond the ken of the average juror"?
This is the type of Pleadings we use in NJ (Fact or Notice ?)
What is Notice Pleading ?
After responding to the allegations in a Complaint, name 2 separate defenses may be used by a defendant allege responsibility of the plaintiff, or challenge the suit not on the merits.
What are contributory/comparative negligence, outside of the statute of limitations, ineffective service of process, lack of jurisdiction, failure to state a claim?
This is the process followed by a plaintiff once Default has been entered against a defendant.
What is once default is granted, the plaintiff files a motion for Default Judgment attaching all proofs, and must prove the case. This is followed by execution on the Judgment by way of Sheriff's Officer ?
Even if evidence is relevant, this is also required for evidence to be admissible.
What is that its probative value must outweigh unfair prejudice or confusion ?
What are the potential consequences of providing file notes in a case to the adversary ?
What is possible waiver of attorney/client privilege ? (though the adversary should ethically advise of the erroneous transmission and return same)
When preparing a Complaint, this is how the allegations are separated in the document.
What is Divided into logical Counts, with separately enumerated paragraphs setting forth the elements of the cause of action ?
These are the 3 appropriate responses to a Complaint which are typically used in an Answer in NJ.
What are to admit, deny, or neither admit nor deny and leave plaintiff to their proofs ( possibly also because the paragraph contains no allegations as against the particular defendant) ?
This is the distinction of the terms "without prejudice" and "with prejudice".
What is when relief is granted without prejudice, the party against whom the relief has been granted may cure the defect causing the relief and refile. However, when relief is with prejudice, this is a final determination (Unless a motion is filed to vacate and unless this motion is successful) ?
Name 3 types of hearsay evidence which may be admissible. (exceptions to the hearsay rule)
What is present sense impression, admission by a party opponent, excited utterance, witness unavailable, prior recorded statement, court record ?
These are 3 of some of the sources which can be used to obtain evidence.
What are inspection of a scene or thing, business records or other documents maintained by the client, mailed or emailed requests, social media, government websites, formal discovery, witness statements..... ?
This is the requirement for responding to allegations of a Complaint when filing an Answer in NJ.
What is the Answer must respond to each enumerated paragraph with a corresponding paragraph within each Count ?
This is the result if a defendant fails to Answer or Otherwise Plead within the prescribed time frame in NJ.
What is default ?
These are 3 of the considerations contemplated by the court with regard to a request to vacate default or default judgment.
What are surprise, excusable neglect, illness, mistake, newly discovered evidence, good cause?