Civil Litigation Test 2

A medical diary is a document that allows the client to record and keep track of their medical treatment, daily health complaints, medication details, mileage to physicians' offices, and other related medical expenses. It serves as a personal record and reference for the client to monitor their health, track their medical expenses, and communicate effectively with healthcare professionals.

Direct evidence refers to evidence that directly proves a fact without the need for any additional supporting facts or inferences. It is concrete and does not rely on assumptions or interpretations. In the context of the given question, direct evidence is the appropriate term to describe proof of a fact that stands on its own without the requirement of any other facts leading up to it.

The given answer "feasibility" is correct because all the mentioned factors - practicality, cost benefit, likelihood of success, collectability, and turning down a case - are related to determining the feasibility of a project or decision. Feasibility refers to the assessment of whether something is possible, practical, or achievable. In this context, these factors help evaluate the feasibility of taking on a case or pursuing a particular course of action.

Circumstantial evidence refers to evidence that is not directly observed by an individual but can be inferred from other facts or circumstances. It does not provide direct proof of a disputed fact but can strongly suggest or imply its existence. This type of evidence relies on logical reasoning and can be used to build a case or support a claim when direct evidence is lacking.

The facts generally found to be irrelevant and inadmissible are an offer to compromise the claim, subsequent remedial measures, promise to pay medical or other expenses, and existence of liability insurance. These facts are considered irrelevant because they do not directly pertain to the issue at hand and may unduly influence the judgment or decision-making process. Therefore, they are generally not admissible in court as evidence.

Forms of evidence include testimony, documentary evidence, demonstrative evidence, judicial notice, electronic stored information (ESI), and presumptions. Testimony refers to statements made by witnesses under oath. Documentary evidence includes written or recorded materials such as contracts, letters, or photographs. Demonstrative evidence includes visual aids such as charts, graphs, or models. Judicial notice is when the court takes notice of a fact without requiring formal proof. ESI refers to electronically stored information such as emails or digital documents. Presumptions are assumptions made by the court based on certain facts or evidence.