VOLUME I CH 8 Flashcards
Evidence involves the presenting of (A) ______ ( or at least (B) _____ facts) at trial in support of a client’s (C) ______.
(A) facts
(B) alleged
(C) position
Admissibility is the (A) ______ that determines if a (B) _____ will be allowed to hear evidence.
It does not mean (C) ________. The jury is free to believe or not believe the (D) ______.
(A) criteria
(B) jury
(C) believability
(D) evidence
A witness is a person who can provide (A) ______ about a matter at (B) ______.
(A) information
(B) issue
What are the (5) types of witnesses?
(H) \_\_\_\_\_\_\_ (S) \_\_\_\_\_\_\_ (N) \_\_\_\_\_\_\_ (F) \_\_\_\_\_\_\_ (C) \_\_\_\_\_\_\_
(H) ostile (S) keptical (N) eutral (F) riendly (C) ombination
Hostile witness
A witness with interests opposite to those of your client’s.
Skeptical witness
A witness who doesn’t want to get involved
Neutral witness
A witness who favors neither side, who has no interest in the outcome.
Friendly witness
A witness with interests aligned with your client
Combination witness
Hostile, Skeptical, Neutral, Friendly
A MIXTURE of the above types of witnesses.
Skip trace
To find a person or persons whose whereabouts are currently not known.
Competence is a (A) ______ witness’s LEGAL (B) ______ to testify.
(A) potential
(B) capacity
The elements of competency are:
- Understanding the ________ to tell the _____.
- The ability to _______
- ________ about the topic of ______
- obligation; truth
- communicate
- Knowledge; testimony
Examination
The questioning of a witness under oath.
Examination may occur in (A) ______, during a trial or (B) ______, or it may occur during a (C) _______.
(A) court
(B) hearing
(C) deposition
After an interview, the attorney may decide to (A) ______ the witness, particularly if the witness’ (B) _____ appears important to the (C) ______ of the trial.
(A) depose
(B) testimony
(C) outcome
Deposition
Is the examining of an individual under oath.
Usually it is held at a location outside the courtroom , such as an attorney’s office.
The person being deposed is called the (A) _____ or the (B) ______.
(A) deponent
(B) witness
What are the (4) different types of examination? 1. 2. 3. 4.
- Direct
- Cross
- Redirect
- Recross
Questioning the witness first. The party who calls the witness to the stand conducts the ________ examination.
Direct
Cross Examination
After the direct examination, the other party may cross-examine the witness but must limit herself to the topics brought up under the direct questioning.
Redirect examination
The party conducting direct examination conducts the redirect examination to clarify matters brought up during cross.
The party conducting redirect CANNOT introduce a new line of questioning.
The party conducting cross examination conducts _______ examination , but is limited to matters brought up during _______
recross; redirect
Corroborate
verify
rebut
disprove
A (A) ________ commands the appearance of a (B) _______ at a specific time and (C) ________.
(A) supoena
(B) witness
(C) place
A witness especially a business or (A) _______ , may have a (B) ______ ________ or (C) _______ agent who accepts service on behalf of another.
Such service is called (D) _______ service.
(A) corporation
(B) registered agent
(C) resident
(D) substitute
Research involves finding the (A) _______.
Investigation involves finding the (B) _______.
(A) law
(B) facts
The material collected and created during the investigative process is considered (A) ______ _______, also called (B) _______ ______ ______.
(A) work product
(B) attorney work product
Examples of the work product would be…. (A) ______ notes, tape recordings, (B) ______ and diagrams.
(A) interview
(B) charts
Material prepared in anticipation of litigation for the purpose of that litigation and is not subject to the discovery process is known as _________ _________ product.
However once the material is identified as (A) ______ for an upcoming trial , it loses it’s (B) _____ ______ identity and thus becomes discoverable.
Attorney work product
(A) evidence
(B) work product
Limitations
The general rule is that a paralegal acting as an (A) _______ cannot engage in any activity from which an (B) _____ would be prohibited.
(A) investigator
(B) attorney
The key to being a successful investigative paralegal is (A) ________ . This means nothing is going to keep you from obtaining relevant (B) ______ ( in a lawful and ethical manner).
When seeking facts for a case be a crusader for your (C) _____’s rights.
(A) attitude
(B) facts
(C) client
What are the (3) fundamental considerations when interviewing witnesses?
(I) _______________
(P) ______________ of ____________
(L) ______________
(I) ntroduction
(P) reparation of questions
(L) ocation
Interviewing Witnesses
In the (A) ___________ you make clear to the witness who you are and your position in the firm.
Also be prepared to explain why you were (B) ______ to conduct the interview
(A) Introduction
(B) chosen
Interviewing Witnesses
Preparations of Questions
Create and keep a (A) ______ bank of questions.
Preparing the set of anticipated questions for the interview will make the session more productive and professional.
(A) form
Interviewing witnesses
(A) ______ an appropriate setting for the interview. A law office projects a professional aura.
A (B) _______ ______ is appropriate when documents must be reviewed or when (C) _______ witnesses are being questioned.
(A) Location
(B) conference room
(C) multiple
There are (2) levels of skip tracing :
The (A) ______ involves research that can be done within the (B) _____.
The (C) _______ involves searches that include (D) _______.
(A) Primary
(B) office
(C) Secondary
(D) fieldwork
What are some of the PRIMARY considerations when performing accident scene photography?
1) Get in there _____
2) Get the _____ picture
3) Get the small _____
4) (S) _____
5) (T) ____ of day
1) quickly
2) big
3) picture
4) scale
5) Time
Accident Scene Photography:
Why is it important to get in their quickly?
If time has passed in an accident, make it a point to visit the scene as soon as possible
Traffic signs, road deformities and vegetation can change.
Take more pictures than you think necessary.
Accident Scene Photography:
Why is it important to get the big picture?
First take photographs of the OVERALL SCENE.
Don’t concentrate on the exact spot of the accident.
Photograph the approaches from all directions.
Try to create a record of HOW the approach to the accident appeared to all parties, including witnesses.
Accident Scene Photography:
Why is it important to get the small picture?
Try to capture details of the actual scene.
Photograph skid marks, oil or gas stains, cracks or bumps in the pavements, scars in the scenery, and traffics signs and signals.
Accident Scene Photography:
Why is it important to scale the scene?
For close-up pictures of objects place a ruler near the object to provide accurate scale.
If a ruler is not available, a common object, such as a quarter or pencil, will usually suffice.
Accident Scene Photography:
Why is the time of the day important?
If possible, take pictures at approximately the same time of day as the accident occured.
If the accident was at night, take BOTH day and night pictures.
If weather may have been a factor, revisit the scene at some point under similar weather conditions.
If an attorney requests a document , the paralegal or (A) ______ must find a (B) _____ or ethical way to obtain it
(A) investigator
(B) legal
What are the most common documents needed by an attorney?
1) _______ documents
2) ________ records
1) Court
2) Medical
Court Documents:
Most documents filed in the court are (A) ______ record.
The major exceptions are records relating to (B) ______ and some (C) _______ court records.
If a record is not (D) _____, you should be able to gain access.
If the action has been (E) ______ for more than a year, the court clerk has probably sent the file to the court (F) ________.
(A) public (B) juveniles (C) family (D) sealed (E) closed (F) archives
Medical Records:
If you need documents from a doctor or hospital , the best way is to obtain a (A) \_\_\_\_\_\_ authorization or (B) \_\_\_\_\_\_ from the subject of records, usually for your client.
Make sure that the release (C) _____ the entire file including (D) _____ and diagnosis.
(A) written
(B) release
(C) specifies
(D) notes
Medical Records:
Hospitals often provide only (A) ______ and may attempt to (B) ______ a file by removing (C) ______ and (D) ______ personnel notes.
If the entire file s not provided, it is possible to (E) ______ the entire file by using (F) _____ _____ ______ addressed to the hospital custodian of records.
If the hospital does not release the entire record according to the subpoena, the attorney may then file a a motion to show cause or a motion for contempt citation.
(A) summaries (B) sanitize (C) physical (D) medical (E) subpoena (F) Subpoena Duces Tecum
Taking Statements:
Witness statements serve for WHICH (2) purposes?
First, they provide information that can be used in the pretrial process to promote settlement.
Second, they lock the witness into the scope and substance of the testimony they will provide at trial.
Taking Statements:
What are the (2) kinds of witness statements?
(F) _______
(I) _______
(F) ormal
(I) nformal
(A) _______ statements are generally typed, and often (B) ______.
They are prepared after at least an (C) ______ ______, if not multiple (D) _______.
(A) Formal
(B) notarized
(C) initial interview
(D) interviews
Taking Statements:
(A) _______ statements are usually (B) ________ , the result of unexpected (C) ________ or a (D) _____ during the interview.
The statement commits the (E) ______ to the surprising or important information.
(A) Informal (B) handwritten (C) information (D) surprise (E) witness
Unless the attorney instructs otherwise, only take statements that (A) ______ your client’s position.
If you put an (B) ______ statement in writing, you simply lock the witness into the (C) ________ information and may force yourself to provide damaging (D)_________to the opposing party.
(A) benefit
(B) adversarial
(C) damaging
(D) discovery
Title Searches:
The method used to search land titles varies from state to state and sometimes even county to county.
The ____ _____ maintains records of titles to property.
County recorder
Title Searches:
Check with the recorder’s (A) _____ for (B) _____ steps to take in that jurisdiction.
(A) office
(B) specific
Title Searches
What are some typical steps that are usually required?
A) Go the the ____ _____
B) Go to the _____ _____
(A) county assessor
(B) county recorder
Title Searches: Go to the county assessor
Use the known address in question to look up the assessor’s (A) _____ _____.
Most documents, such as an appraisal, will have the assessor’s parcel number, as well as the (B) _____ description needed to check the recorder’s office for encumbrances
Ex of parcel # –> 190-04-612-068
(A) parcel number
(B) legal
Title Searches: Go to the country recorder
Use the (A) ______ description to check the recorder’s records, determining whether there are any (B) _____ and/or encumbrances.
Ex of legal description –> LOT 237 BLOCK 9 BEACH FRONT HOMES
(A) legal
(B) liens
Internet Searches:
What (3) levels of search potential do internet searches offer?
- (G) ______ information search
- (L) ______ site search
- Legal _____ search
- General
- Legal
- Authority
Internet Searches: _____ _____ Search
Ex’s include:
www. google.com
www. bing.com
www. ask.com
General Information
Internet Search: (A) ____ _____ search
If the goal is to (B) _____ a site for specific information from a (C) ______ source ( such as a court, agency or government offices)
The most effective method is to use a (D) ______ search engine and conduct the following search law:
law legal (your county)(your state) information
(A) Legal Site
(B) locate
(C) legal
(D) general
Internet Searches:
(A) _____ _____ search
The general research site (B) _____ law haws excellent statutory, court rule , and (C) _______ regulation links.
(A) Legal Authority
(B) www.megalaw.com
(C) administrative
Legal Authority Search
(A) ______ and (B) ______ are high-end, fee-based sights.
(A) www.westlaw.com
(B) www.lexis.com
Legal Authority Search
(A) _______ and (B) _____ are low-cost, fee-based sites that have grown in popularity.
(A) www.versuslaw.com
(B) www.loislaw.com
Legal Authority Search:
Even though www.versuslaw.com and www.loislaw.com are not as EXPENSIVE as Westlaw and Lexis, they also do not (A) ______ as much (B) ____.
However these sites are the first real (C) ______ for the more expensive sites.
(A) provide
(B) material
(C) competition
Types of Statements: _____________ Statements
Will be either formal (prepared in advance or after the interview and typed) or informal (usually handwritten and spur-of-the-moment).
Written
Types of Statements: ____________ Statements
Audio or video taped statements may be taken, or the paralegal may have the interview transcribed, and ask the witness to sign the transcript. The signature turns the transcript, essentially, into a formal statement.
Recorded
Types of Statements: _____ ______ Statements
A statement made in the presence of a court reporter, who swears the witness in prior to the statement being made. Similar to a deposition, but ONLY ONE SIDE IS PRESENT, and therefore does not carry the weight of a deposition.
Court Reporter
credibility, competence, believable, attitude, personal knowledge, motivation, mental conditions, appearance, age
Witness Considerations
Use this to research for a specific kind of attorney in a specific city, or check the volume containing digests of state laws for information about a state other than your own.
Martindale-Hubble Law Dictionary
Martindale_Hubble Law Directory:
This set of books has (3) MAIN FUNCTIONS:
- State by State _____ listings
- _______ of state laws
- Digest of _______ laws
- attorney
- Digest
- Foreign
Martindale_Hubbell Law Directory:
State-by-state attorney listings :
Attorneys who subscribe to Martindale-Hubbel are listed with: PHONE, ADDRESS, FAX, AREAS OF SPECIALTIES, UNDERGRADUATE and LAW SCHOOL DEGREES, and FOREIGN LANGUAGES spoken at the firm.
Martindale- Hubbell Law Directory:
Digest of State Laws:
In a SEPARATE set of volumes, Martindale-Hubbell provides an abbreviated synopsis of the legal system and general laws of each state.
Martindale- Hubbell Law Directory:
Digest of Foreign Laws:
In a separate set of volumes, Martindale-Hubbell provides an abbreviated synopsis of the legal system and laws of most foreign country.
Skiptracing
An attempt to locate someone who is not at his last known home or business location.
A skip can involve:
Someone avoiding 1. ______ 2. ______3. ________
A person who is not avoiding detection, but is being sought for 4.__________ purposes (such as notification of a death in the family, an inheritance, adoption information, etc)
A 5. _______ to an event that is now the focus of a legal action.
- a criminal charge
- a civil lawsuit
- a financial obligation
- informative
- witness
Signs of a skip:
- Encountering several _____ ______
- ________ of relatives or friends
- Several _________ addresses
- dead ends
- Addresses
- different
Sources for skip tracing:
Initial Sources ( In-office)
- Information ____ book
- ______ book
- Present and past _______
- Family and ______
- _____ companies (usually confidential)
- ______ sources, including general and location specific searches.
- 411
- Telephone
- employers
- friends
- Utility
- Internet
Sources for Skip Tracing:
Field Sources (Out of office)
- ______ files to check for subpoenas for addresses
- ______ agents
- ______ & ______ records
- Post office ______ address
- vehicle _____ and title
- Court
- Insurance
- Marriage; divorce
- forwarding
- title
