the aim of an attorney who "attacks the theory" of the opposing attorney is to ________.

by Maye Miller V 8 min read

Did the opposing lawyer lie to the plaintiff?

Sep 06, 2018 · Question 1 Correct 1.00 points out of 1.00 Flag question Question text The aim of an attorney who " attacks the theory " of the opposing attorney is to ... 1 Correct 1.00 points out of 1.00 Flag question Question text The aim of an attorney who "attacks the theory" of the opposing ... of forensic experts known for their legal prowess and ...

Is there a cause of action for malpractice against a lawyer?

Jul 18, 2017 · Question 4 Correct 1.00 points out of 1.00 Flag question Question text The aim of an attorney who "attacks the theory" of the opposing attorney is to _____. Select one or more: a. Prove his/her own case with evidence that supports the opposing theory. b. Disprove the opposing attorney's theory.

Does the American Bar Association have an ethics rule governing lawyers?

Oct 01, 2015 · The Attorney-Client Privilege and Corporations in General. The attorney-client privilege protects communications: 1) between a client and his or her attorney; 2) that are intended to be, and in fact were, kept confidential; 3) for the purpose of obtaining or providing legal advice. United States v.

Can an opposing lawyer misrepresent the insurance policy limit?

Corp.), 493 F. 3d 345, 359 (2007). Federal courts often define the privilege to apply only if. (1) the asserted holder of the privilege is or sought to become a client; (2) the person to whom the communication was made. (a) is a member of the bar of a court, or his subordinate, and. (b) in connection with this communication is acting as a lawyer;

What is the purpose of an attorney's examination of an expert witness?

What is the purpose of an attorney's examination of an expert witness? To support his/her theory of events while excluding other theories.

Which would be likely be performed by a digital forensic expert?

They look into incidents of hacking, trace sources of computer attacks, and recover lost or stolen data. The job of a forensic computer investigator or digital forensic expert often includes: Recovering data from damaged or erased hard drives.Nov 26, 2019

Which phrase best describes the role of technology in digital forensics?

Which phrase BEST describes the role of technology in digital forensics? It both helps and hinders investigations.

When collecting evidence What is the most volatile type of evidence which should therefore be collected first?

The IETF and the Order of Volatility This document explains that the collection of evidence should start with the most volatile item and end with the least volatile item. So, according to the IETF, the Order of Volatility is as follows: Registers, Cache. Routing Table, ARP Cache, Process Table, Kernel Statistics, ...Jun 29, 2016

What is the purpose of digital forensics?

The main goal of digital forensics is to extract data from the electronic evidence, process it into actionable intelligence and present the findings for prosecution. All processes utilize sound forensic techniques to ensure the findings are admissible in court.

Who is cyber forensic expert?

Computer forensic experts acquire and examine potential evidence during an investigation, including data that's been deleted, encrypted, or damaged. Any steps taken during this process are documented, and methodologies are used to prevent the evidence from being altered, corrupted, or destroyed.

What is digital forensics in cyber security?

Collects, processes, preserves, analyzes, and presents computer-related evidence in support of network vulnerability mitigation and/or criminal, fraud, counterintelligence, or law enforcement investigations.

What is digital evidence in digital forensics?

Digital evidence is information stored or transmitted in binary form that may be relied on in court. It can be found on a computer hard drive, a mobile phone, among other place s. Digital evidence is commonly associated with electronic crime, or e-crime, such as child pornography or credit card fraud.

What is digital forensics investigation?

Digital forensics is the scientific acquisition, analysis, and preservation of data contained in electronic media whose information can be used as evidence in a court of law. The practice of digital forensics can be a career unto itself, and often is.

What is volatile evidence?

Evidence that is only present while the computer is running is called volatile evidence and must be collected using live forensic methods. This includes evidence that is in the system's RAM (Random Access Memory), such as a program that only is present in the computer's memory.

When considering the order of volatility which is the most volatile form of evidence?

Data in memory is the most volatile. This includes data in central processor unit (CPU) registers, caches, and system random access memory (RAM). The data in cache and CPU registers is the most volatile, mostly because the storage space is so small.Aug 30, 2016

What is order of volatility and how does it influence decisions regarding which evidence should be preserved first?

The order of volatility is the sequence or order in which the digital evidence is collected. The order is maintained from highly volatile to less volatile data. Highly volatile data resides in the memory, cache, or CPU registers, and it will be lost as soon as the power to the computer is turned off.Nov 22, 2017

What is attorney-client privilege?

The attorney-client privilege protects communications: 1) between a client and his or her attorney; 2) that are intended to be, and in fact were, kept confidential; 3) for the purpose of obtaining or providing legal advice. United States v.

Should attorneys think about attorney-client privilege?

Overall, attorneys should think actively and intentionally about the attorney-client privilege and its application to their practice. With each of the above practice points in mind, attorneys can predictably and successfully draw a clear line between privileged and discoverable communications.

Is the work product doctrine protected in Peralta?

The Peralta decision also noted that some communications between a former employee and the corporation's counsel may also be protected under the work-product doctrine. Recall that the work-product doctrine announced in Hickman v.

Can an attorney take refuge in the attorney-client privilege?

Attorneys can take refuge in the attorney-client privilege, however, if they ensure that communications with former employees remain within the realm of subject matters that courts have clearly outlined as protected by the privilege. Avoid scripting witnesses either verbally or with writings.

What is attorney client privilege?

The attorney-client privilege protects communications (oral or written) between an attorney and his/her client made for the purpose of providing legal services and is a fundamental and enduring cornerstone of American law. The privilege originated in early English law and was later adopted by the American legal system.

What is the definition of privilege to apply only?

Federal courts often define the privilege to apply only if. (1) the asserted holder of the privilege is or sought to become a client; (2) the person to whom the communication was made. (a) is a member of the bar of a court, or his subordinate, and. (b) in connection with this communication is acting as a lawyer;

What is the Supreme Court ruling in Upjohn?

In Upjohn, the Supreme Court held that communications made to in-house counsel by employees during an internal investigation of illegal conduct, made at the direction of management for the purposes of rendering legal advice, are protected by the attorney-client privilege.

What is the purpose of a warning?

The purpose of the warning is to make clear that the attorney represents the company and its interests (not the employee) and explain that the attorney-client relationship exists only between the attorney and the company and can therefore only be waived by the company.

Can a client waive the privilege of counsel?

The privilege is held by the client and can only be waived by the client . In addition to protecting communications, the legal privilege extends to legal opinions (work product) formed by counsel during representations of the client even if the opinions have not been communicated to the client.

Is Upjohn v. United States common law?

See Upjohn Co. v. United States, 449 U.S. 383 (1981). While the privilege is not contained in the United States Constitution, its federal common law origins are acknowledged in the Federal Rules of Evidence (FRE) (see FRE Sections 501-502) and it is a bedrock legal doctrine recognized by all federal and state courts in the United States.

Can counsel forward communications?

Never forward communications received from counsel without first communicating with counsel about the effects of doing so. This also applies to communications on which counsel is copied. Store communications and documents protected by the attorney-client privilege in secure areas or as password-protected files.

What did Lord Woolf say about civil justice?

In Chapter One of his report, under “Principles”, he clearly stated that the civil court service should be: “…fair, and just, ensuring litigants have equal opportunities ...

What does Gifford and Salter say about a lack of spare judges?

Gifford and Salter go on to say, that a lack of “spare judges” cause parties to the case and its witnesses to unduly suffer from uncertainty and anxiety. They use an example of an accountant, who if you make an appointment to see one, you expect to see him at that time.

What were the three types of law in the 18th century?

Matters were not helped by the overlapping authority of the three different types of law being applied: – civilian law (Roman law), Equity and the Common Law . Back in the 18 th century, delays were a common occurrence, and proceedings only open to those with enough finances to begin or defend a case.

When were county courts created?

This continued until the reforms in 1846, with the creation of county courts, supposedly to allow access to justice for all, fast-track efficiency and for them to offer an inexpensive service, including those in society who were previously unable to afford their right to justice.

Who attacked Woolf's Access to Justice?

Judge Rawkins in his article [2] on Woolf’s “access to justice” attacks the theory six years down the line by arguing his point of the “twin evils” (costs and delay) that still continue to attack the reforms that were meant to be wholly implemented at this time.

Why did Compton and Pfau conduct an experiment?

Compton and Pfau conducted an experiment to show how threats could provide inoculation. In their experiment, they created a fictitious credit card company and started a campaign to get college students to sign up for the card.

What is the theory of resistance?

The theory is a model for building resistance to persuasion attempts by exposing people to arguments against their beliefs and giving them counter arguments to refute attacks. The theory therefore offers mechanisms by which communication is used to help people defend their beliefs. Alliance/dollar photo club.

Who developed the McGuire theory?

The original theory of McGuire was expanded by communication scholar Michael Pfau and his colleagues to cover health communication, political communication and corporate advocacy. Their work shows that the inoculation theory has nearly unlimited applications.