Legal Defense Denies Recovery

Summary

An affirmative defense in a civil complaint, if proven, denies recovery to the plaintiff. Negligence and breach of contract are causes of action. An expert witness provides opinion testimony based on their recognized qualifications. Paralegals should uncover both favorable and unfavorable facts during informal investigations. Checking a witnesss social media is generally not an invasion of privacy, but ethical considerations apply. Informal investigations are typically less expensive than formal ones.

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Which, if any, of the following are a Cause of Action? An Affirmative Defense. The Rules of Evidence. Negligence. Breach of Contract.
In legal terms, a "Cause of Action" refers to a set of facts sufficient to justify a right to sue to obtain money, property, or the enforcement of a right against another party. Among the options you've mentioned:
- Negligence and Breach of Contract are both causes of action.
- An Affirmative Defense and The Rules of Evidence are not causes of action. An affirmative defense is a reason a defendant offers that, if true, would defeat the plaintiff's claim, even if all the allegations are true, while the Rules of Evidence govern what evidence is admissible in court.
Is there a specific aspect of negligence or breach of contract you're dealing with, or do you need more information about these concepts?
A witness whose qualifications have been accepted by the Court as sufficient to justify scientific, technical or specialized OPINION testimony on a relevant issue is known as which of the following? A Lay Witness. A Hostile Witness An Expert Witness. Surprise Witness.
The correct answer is an Expert Witness. An expert witness is someone whose qualifications in a particular field are recognized by the court, allowing them to provide opinion testimony on relevant issues. Is there anything else related to witnesses or expert testimony you need help with?
When conduction an informal investigation of a case that the firm is handling it is important for a Paralegal Assistant to try to uncover both good and bad facts about the case and witnesses. True False
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True. In an informal investigation, a paralegal assistant should aim to uncover both favorable and unfavorable facts about the case and witnesses to provide a comprehensive understanding of the situation.
If you have any specific questions or need further assistance with legal concepts or procedures, feel free to ask!
Checking a potential Witness' s social media account would be an illegal invasion of their privacy and would be inappropriate to do when preparing for a case. True False
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False. Checking a potential witness's social media account is generally not considered an illegal invasion of privacy, as social media is public information. However, ethical considerations and company policies may influence whether it's appropriate to do so when preparing for a case.
Is there a specific legal issue or concern you need more information about?
Which, if any, of the following is an advantage of informal investigation? Statements from Witnesses are more likely Accurate and Complete. Witnesses are ALWAYS more truthful during informal investigation. Informal Investigation tends to be less expensive than formal investigation. Doing Informal investigation will satisfy the lawyer and the law firm's duty under Mass. Rules of Professional Responsibility to make a reasonable inquiry into the facts to ensure a pleading is well grounded and advanced in good faith. Witnesses and parties are more cooperative before the lawsuit is started and other lawyers are involved.
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Among the advantages you listed, the most accurate advantage of informal investigation is:
- Informal Investigation tends to be less expensive than formal investigation.
If you need further clarification or have additional questions, feel free to ask!