Also known as: inquiries · investigation · judicial inquiry
Written by attorneys · grounded in primary & secondary sources — see below
An examination or investigation undertaken to ascertain facts or resolve allegations.
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Igor Ito filed a complaint alleging that a supplier delivered defective parts. Before signing, Igor reviewed shipping records and spoke with two employees who inspected the shipment. When the supplier moved for sanctions, the court found the factual contentions rested on a reasonable inquiry.
Idina Iverson testified that the defendant enjoyed a reputation for honesty in the community. On cross-examination, defense counsel asked about a prior incident in which the defendant had falsified an expense report. The court permitted the question as a proper inquiry into specific conduct.
Insight Consulting received a shareholder demand alleging mismanagement. The board formed a committee that interviewed officers and reviewed financial records over six weeks. The court stayed the derivative suit while the inquiry proceeded.
Ira Irving learned that a newspaper had printed a false story about him. He hired an investigator to determine the original source before deciding whether to sue for republication. The court held that this inquiry did not shield the original publisher from liability.
Idris Ives purchased land from a seller whose deed traced to a common grantor. An easement recorded in a stranger's chain appeared in the public records. The court ruled that Ives had no inquiry notice because the easement lay outside his chain of title.
India Inoue, counsel for the prosecution, held a press conference describing evidence obtained during the investigation. The court found that the statements created a substantial likelihood of prejudicing the upcoming trial.
The attorney must examine available documents and speak with knowledgeable individuals before alleging facts. The rule is satisfied when the contentions rest on evidence already obtained or are identified as likely to be supported after further discovery.
Once evidence of character or a character trait has been admitted through reputation or opinion testimony, the court may allow questions about relevant prior acts. The inquiry tests the basis of the witness's testimony.
…directed and the applicant must be without any other specific legal remedy. The high station of the head of a department makes inquiry delicate but the court's province is solely to decide the rights of individuals, not to inquire into executive discretion. If the matter pertains to a paper upon record or to copies to…
…of the person so fundamental that the State must accord them its respect. History and tradition guide and discipline the inquiry but do not set its outer boundaries. When new insight reveals discord between the Constitution’s central protections and a received legal stricture, a claim to liberty must be…
…practices in racial segregation, and the views of proponents and opponents of the Amendment. This discussion and our own investigation
…319 U. S. 141, 143; Roth v. United States , 354 U. S. 476, 484; Thomas v. Collins , 323 U. S. 516, 534) and freedom of inquiry, freedom of thought, and freedom to teach ( see Wieman v. Updegraff , supra ; Sweezy v. New Hampshire , 354 U. S. 234; Barenblatt v. United States , 360 U. S. 109, 112; Bates v. City of…
…notice to those beneficiaries whose interests are either conjectural or future or, although they could be discovered upon investigation
When the corporation begins an investigation into the demand or complaint allegations, the court may stay the derivative action for a period it deems appropriate. The stay allows the inquiry to conclude without parallel litigation.
No. An inquiry by the person defamed to learn the source or meaning of a defamatory statement does not protect the original publisher from liability for republication.
The purchaser receives no constructive or inquiry notice from that instrument. Only documents appearing in the direct chain through which title is claimed provide notice.
A lawyer participating in the investigation may not make statements that will be publicly disseminated and that the lawyer knows or should know will create a substantial likelihood of materially prejudicing an adjudicative proceeding.