Exam 2: The Initial Interview

Assume that you are a paralegal in a firm working for the defendant, Mr. Hart, in Case I. For an interview with Mr. Hart: a. Draft a set of five questions pertinent to the element of breach of duty, specifically Mr. Hart's attentiveness. b. Draft five questions for Mr. Hart regarding plaintiff's comparative negligence.

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(Short Answer)

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Question 1

Correct Answer:

Verified

Questions on attentiveness could cover:
• Distraction on either side of road
• Reaching for anything in car
• Adjusting radio, tape player, clock, etc.
• Lighting cigarette, pushing in lighter
• Reading directions to house
• When first saw plaintiff
• How long it took to brake
• Others
Questions on comparative negligence could cover:
• When did plaintiff see you?
• Where was plaintiff looking when you first saw her?
• Did she move further into the path of the van after you saw her?
• Was anything obscuring her vision?
• What was she wearing?
• Was she walking fast or slow?
• Once you saw her, was there anything she could have done to avoid the accident?

A good source for researching the elements of a cause of action or defense thereto is a

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(Multiple Choice)

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Question 2

Correct Answer:

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One element of negligence is that a breach of duty has to be the proximate cause of the injury.

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(True/False)

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Question 3

Correct Answer:

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True

It is unethical to create an attorney-client relationship via a Web site.

(True/False)

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Question 4

In preparing the interview site the paralegal should

(Multiple Choice)

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Question 5

Contributory negligence is not a defense in most states.

(True/False)

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Question 6

Elements of a cause of action can be found in jury instructions.

(True/False)

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Question 7

Is the client going to be the one who is suing or being sued in a contingent fee agreement? Explain.

(Short Answer)

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Question 8

Duty of care is an element of negligence.

(True/False)

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Question 9

Typically, at the initial interview the client should sign a

(Multiple Choice)

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Question 10

In planning any initial interview, what special needs should be anticipated? List three.

(Short Answer)

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Question 11

Doctors or others holding confidential information are authorized to give that information to a lawyer or paralegal through

(Multiple Choice)

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Question 12

Define substantive law and procedural law.

(Short Answer)

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Question 13

List and define the elements of negligence and related defenses.

(Short Answer)

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Question 14

On what two calculations are attorney's fees based?

(Short Answer)

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Question 15

Comparative negligence is not a defense in most states.

(True/False)

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Question 16

One of the most frequent client complaints is addressed by paralegals providing

(Multiple Choice)

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Question 17

A nonengagement letter informs a potential client that

(Multiple Choice)

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Question 18

You know your client is telling the truth if he or she looks you straight in the eye.

(True/False)

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Question 19

Defendants usually pay attorneys on the basis of a contingent fee agreement.

(True/False)

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Question 20

Showing 1 - 20 of 73

A good source for researching the elements of a cause of action or defense thereto is a

One element of negligence is that a breach of duty has to be the proximate cause of the injury.

It is unethical to create an attorney-client relationship via a Web site.

In preparing the interview site the paralegal should

Contributory negligence is not a defense in most states.

Elements of a cause of action can be found in jury instructions.

Is the client going to be the one who is suing or being sued in a contingent fee agreement? Explain.

Duty of care is an element of negligence.

Typically, at the initial interview the client should sign a

In planning any initial interview, what special needs should be anticipated? List three.

Doctors or others holding confidential information are authorized to give that information to a lawyer or paralegal through

Define substantive law and procedural law.

List and define the elements of negligence and related defenses.

On what two calculations are attorney's fees based?

Comparative negligence is not a defense in most states.

One of the most frequent client complaints is addressed by paralegals providing

A nonengagement letter informs a potential client that

You know your client is telling the truth if he or she looks you straight in the eye.

Defendants usually pay attorneys on the basis of a contingent fee agreement.

Welcome to the Law Office: Foundations for Litigation

Evidence and Investigation

Drafting the Complaint

Filing the Lawsuit, Service of Process, and Obtaining a Default Judgment

Defending and Testing the Lawsuit: Motions, Answers, and Other

Discovery and Electronic Discovery: Overview and Interrogatories

Discovery: Depositions

Discovery: Document Production and Control, Medical Exams, Admissions

Settlement and Other Alternative Dispute Resolutions

Trial Preparation and Trial

Post-Trial Practice From Motions to Appeal

Filters

Exam 2: The Initial Interview

A good source for researching the elements of a cause of action or defense thereto is a ​

​ One element of negligence is that a breach of duty has to be the proximate cause of the injury.

It is unethical to create an attorney-client relationship via a Web site. ​

​ In preparing the interview site the paralegal should

​ Contributory negligence is not a defense in most states.

Elements of a cause of action can be found in jury instructions. ​

Is the client going to be the one who is suing or being sued in a contingent fee agreement? Explain. ​

Duty of care is an element of negligence. ​

Typically, at the initial interview the client should sign a ​

In planning any initial interview, what special needs should be anticipated? List three. ​

Doctors or others holding confidential information are authorized to give that information to a lawyer or paralegal through ​

Define substantive law and procedural law. ​

​ List and define the elements of negligence and related defenses.

On what two calculations are attorney's fees based? ​

Comparative negligence is not a defense in most states. ​

One of the most frequent client complaints is addressed by paralegals providing ​

A nonengagement letter informs a potential client that ​

You know your client is telling the truth if he or she looks you straight in the eye. ​

Defendants usually pay attorneys on the basis of a contingent fee agreement. ​

Welcome to the Law Office: Foundations for Litigation

Evidence and Investigation

Drafting the Complaint

Filing the Lawsuit, Service of Process, and Obtaining a Default Judgment

Defending and Testing the Lawsuit: Motions, Answers, and Other

Discovery and Electronic Discovery: Overview and Interrogatories

Discovery: Depositions

Discovery: Document Production and Control, Medical Exams, Admissions

Settlement and Other Alternative Dispute Resolutions

Trial Preparation and Trial

Post-Trial Practice From Motions to Appeal

Filters

A good source for researching the elements of a cause of action or defense thereto is a

One element of negligence is that a breach of duty has to be the proximate cause of the injury.

It is unethical to create an attorney-client relationship via a Web site.

In preparing the interview site the paralegal should

Contributory negligence is not a defense in most states.

Elements of a cause of action can be found in jury instructions.

Is the client going to be the one who is suing or being sued in a contingent fee agreement? Explain.

Duty of care is an element of negligence.

Typically, at the initial interview the client should sign a

In planning any initial interview, what special needs should be anticipated? List three.

Doctors or others holding confidential information are authorized to give that information to a lawyer or paralegal through

Define substantive law and procedural law.

List and define the elements of negligence and related defenses.

On what two calculations are attorney's fees based?

Comparative negligence is not a defense in most states.

One of the most frequent client complaints is addressed by paralegals providing

A nonengagement letter informs a potential client that

You know your client is telling the truth if he or she looks you straight in the eye.

Defendants usually pay attorneys on the basis of a contingent fee agreement.