Deck 14: Tort Investigation

Question 1

Laws that provide for the disclosure of information from governmental entities are

A) mirror laws.
B) freedom of information laws.
C) prairie laws.
D) sunset laws.

Answer 1

B

Question 2

Generally, to locate a corporation, a paralegal should first contact which state agency?

A) Secretary of State
B) Securities and Exchange Commission
C) Office of the Tax Assessor
D) Zoning Department

Answer 2

A

Question 3

Videotape and computer animation are routinely used in accident reconstruction and for settlement brochures.

Answer 3

True

Question 4

Which of the following is not one of the duties performed by paralegals during personal injury litigation?

A) Research legal issues
B) Prepare discovery requests
C) Take depositions of witnesses
D) None of these choices.

Question 5

To obtain information about the name and address of a property owner, a commissioner of deeds should be consulted.

Question 6

When a state department or agency oversees and regulates a particular business or profession and issues a license, this is called certification.

Question 7

Attorneys may be liable for malpractice or subject to discipline for suing the wrong person or business as a defendant.

Question 8

There may be special notice requirements when suing which of the following types of defendants?

A) Lawyers
B) Governmental agencies
C) Stores
D) Bankers

Question 9

Dun & Bradstreet is an example of a

A) legal search.
B) business directory.
C) private investigator service.
D) transcription service.

Question 10

Which of the following is not one of the factors considered by the tort trial team as it determines the scope of the investigation?

A) Severity of the injury involved
B) Existence of insurance
C) Client's ability to pay
D) None of these choices.

Question 11

Factual investigations are designed to determine liability and damages.

Question 12

Which of the following are used as research tools during discovery?

A) Telephone
B) Internet
C) Physical examination
D) All of these choices.

Question 13

Bills from housekeepers and taxi drivers may be included as part of a plaintiff's expenses related to a personal injury claim.

Question 14

Discovery is the phase in a lawsuit when information is exchanged between the parties, and the issues for trial are narrowed.

Question 15

Government files containing vital statistics, marriage licenses, civil suit records, probate records, and motor vehicle reports are all private records that cannot be used to obtain information for a lawsuit.

Question 16

Who? What? Where? When? Why? and How? are questions frequently asked by reporters, which can also be used by paralegals in investigating the facts and circumstances surrounding a tort case.

Question 17

In some jurisdictions, to do business under a fictitious name, the following certificate must be filed:

A) m/b/a.
B) f/n/a.
C) f/m/a.
D) d/b/a.

Question 18

Tort case investigations may be conducted by

A) paralegals.
B) attorneys.
C) investigators.
D) All of these choices.

Question 19

An economist should be hired by the trial team to testify regarding a plaintiff's future reduced earning capacity.

Question 20

An accident scene should be documented

A) as soon as possible.
B) one week after an incident.
C) three months after an incident.
D) during the week of trial.

Question 21

If the plaintiff is in an accident and hurts the same part of her body that was injured in the past during another accident, this is called

A) an aggravation of an existing injury.
B) a double injury.
C) an aggravation of a new injury.
D) insurance fraud.

Question 22

Which kind of questions should be used to elicit more detailed responses from witnesses?

A) Narrative questions
B) Open-ended questions
C) Closed-ended questions
D) Leading questions

Question 23

Which of the following discovery tools is used to obtain specific information (e.g., precise name of defendant) or to resolve a few key issues?

A) Notice to admit
B) Interrogatory
C) Deposition
D) Request for documents

Question 24

When a report contains information from persons other than the person who wrote the report, the document may not be admissible at the time of trial because it contains ______ evidence.

A) felonious
B) hearsay
C) vindictive
D) investigative

Question 25

Which of the following is true regarding depositions?

A) They are one of the main forms of discovery.
B) A court stenographer is normally present to take the testimony.
C) They are expensive.
D) All of these choices.