Exam 4: Investigation and Evidence

________ evidence is evidence that is not based on personal observation but that does lead a judge or jury to infer a particular conclusion about a disputed fact.

A judicial notice allows a court to find that certain facts are true without the parties presenting evidence of the fact.

An evidence log ________.

Before an expert is allowed to testify in a court proceeding, he or she must be ________ by the court to do so.

An interview between a paralegal and a witness in a case should always be tape-recorded, whether the witness agrees to be recorded or not.

The Supreme Court case of Daubert v. Merrell Dow Pharmaceuticals, Inc. concerned ________.

When Berkshire has any need to communicate with Saldivar, he should identify himself as a "member of the firm of Schneider & Castillo"; he should never refer to himself as a paralegal.

A form that establishes the ground rules of litigation, including fees, billing rates, retainer, and work to be performed by the law firm is known as a(n) ________.

The best expert for a case is one who has testified often in court.

How is evidence in the possession or control of the opposing party normally obtained?

If Saldivar gives Berkshire the names of individuals who worked with him on the Greenwood premises, Berkshire should contact these individuals by phone to determine if they have any relevant information regarding the Saldivar case.

Berkshire should send a letter on behalf of Schneider & Castillo directly to Greenwood Properties, requesting the names and addresses of all parties who leased the premises during the past 50 years.

If Berkshire is given the names of potential witnesses but not their addresses or telephone numbers, he should not waste any time trying to find that information. His time would be better spent researching the law of the case and finding an expert who is knowledgeable about mesothelioma.

In a personal injury case, a client might be asked to keep a(n) ________, a document in which the client keeps track of medical treatment, daily health complaints, amounts of medication, and related medical information.

Paralegals are not allowed to interview witnesses because of the ethical restriction on the unauthorized practice of law.

The process of creating a searchable database of numerous documents begins with ________.

Facts regarding a potential lawsuit are normally derived from ________.

An evidence log enables one to maintain an accurate record of physical evidence, including any transfer of ________.

Copies of a client's medical records can be obtained with a written release signed by the client.

If Berkshire talks to any potential witnesses in the case, Berkshire should not identify himself as a paralegal working for the law firm that represents Saldivar because this could influence the witnesses' statements.