Module 2: Overview of Divorce Laws and the Expert Witness Flashcards
For which of the following activities is a temporary order used?
A) To dissolve the marriage
B) To divide the property while permanent orders are pending
C) To grant a legal separation
D) To provide support for the family while permanent orders are pending
D) To provide support for the family while permanent orders are pending
A temporary order is used to address issues (i.e., support, custody and sometimes property issues) that come up while the couple is waiting for the divorce to be final–whether that takes 90 days or 5 years.
On cross-examination, which of the following actions should the expert witness take when he or she does not understand the question?
A) Ask to have the question repeated.
B) Object to the question.
C) Refuse to answer the question.
D) Guess at a correct response to the question.
A
What is the correct sequence of your courtroom appearance as an expert?
The correct order is: voir dire, direct examination, cross examination, and redirect examination.
What should an expert witness bring to the witness stand?
Only those documents essential to the case
Any documents that are brought to the stand will be subject to examination.
Which form of alternative dispute resolution (ADR) utilizes a decision maker to make a binding decision for the parties?
Arbitration is a form of alternative dispute resolution (ADR) in which the couple submits a disputed matter for decision to a person who is not a judge. The decision of the arbitrator is usually binding and final.
What should the expert witness do during cross-examination?
Limit his or her answer to the narrow question asked.
On cross-examination, the expert witness should limit his or her answer to the narrow question asked, then stop talking. The witness should never volunteer information or answers.
How does an expert witness gets qualified?
The lawyers can stipulate that a witness is qualified to provide expert testimony. However, after your client’s attorney has offered you as an expert witness, the other attorney has a chance to ask questions designed to disqualify you (“voir dire”).
What belongs on a curriculum vitae for a CDFA professional?
-Current position
-Education
-Expert witness experience
What is the correct sequence of the four basic steps of direct examination?
There are four basic steps to direct examination: explain the assignment, explain procedures and assumptions, summarize work, and admit exhibits.
During which segmens of the trial will the attorney give an expert witness the chance to elaborate on answers given to opposing counsel?
Redirect examination
After opposing counsel completes its cross-examination, your client’s attorney will be able to ask you questions during redirect examination. This will give you the chance to elaborate on some of your answers given during cross examination.
What is it appropriate for a mediator to do?
The mediator is a neutral third party.
When do depositions usually occur?
A) Immediately after the waiting period
B) After the complaint is filed but prior to close of discovery
C) After the close of discovery
D) After the trial
B) After the complaint is filed but prior to close of discovery
Depositions occur after the complaint, but must be pre-trial.
What term is defined as a court order requiring a person’s appearance in court or at a deposition?
A subpoena is a court order requiring a person’s appearance in court, at a deposition as a witness, or to present documents or other evidence for a case.
During cross-examination, what action should the expert witness take if the client’s attorney objects?
Refrain from answering the question until the judge rules on the objection.
After a client’s attorney objects, an expert witness should not answer the question unless the judge overrules the objection. If the judge sustains the objection, then the expert would have answered a question that he or she should not have answered.
