Deck 4: Investigation and Evidence

Question 1

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.

Answer 1

True

Question 2

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

A) the admissibility of hearsay evidence
B) the admissibility of scientific evidence
C) the constitutionality of the Federal Rules of Evidence
D) the admissibility of business records

Answer 2

B

Question 3

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.

Answer 3

False

Question 4

The name and address of an agent for service of process for a corporation can usually be obtained from ________.

A) the court in which the action is pending
B) the recorder's office
C) the secretary of state's office
D) All of these choices.

Question 5

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.

Question 6

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.

Question 7

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

Question 8

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

Question 9

Facts regarding a potential lawsuit are normally derived from ________.

A) the client
B) other witnesses
C) documents
D) All of these choices.

Question 10

Demeanor refers to the appearance of a witness and is an important factor in determining the credibility of that witness.

Question 11

Paralegals should always address clients by their first name so as to develop a good relationship.

Question 12

Authentication refers to ________.

A) complying with the best evidence rule
B) avoiding hearsay
C) establishing that a document is what it purports to be
D) All of these choices.

Question 13

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) ________.

A) release
B) retainer agreement
C) authorization
D) evidence log

Question 14

Authentication is not a problem in the admissibility of electronically stored information.

Question 15

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

Question 16

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

Question 17

The fee arrangement between a client and an attorney should be settled and put in writing at the initial client interview.

Question 18

A paralegal should make certain that a written statement from a witness be thorough and complete, as it will probably be introduced as evidence at trial if the witness is unavailable.

Question 19

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.

Question 20

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.

Question 21

________ 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.

Question 22

________ allows a court to find that certain commonly known facts are true without the parties presenting evidence of the fact.

Question 23

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

Question 24

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.

Question 25

A rule of law that allows the trier of fact to draw an inference that, because one fact has been established by traditional evidence, another fact also exists is known as a(n) ________.

Question 26

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

Question 27

As soon as an attorney learns that his or her client might be sued, the attorney should advise the client to preserve all documents related to the suit. This is known as a(n) ________.

Question 28

An evidence log ________.

A) is usually kept by the parties themselves
B) records the chain of possession of a piece of evidence
C) is only kept for written documents that will be introduced as evidence at trial
D) contains a record of all dates of medical treatment

Question 29

An individual appointed by a corporation to accept service of papers in a lawsuit is the agent for ________.

Question 30

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

A) With a properly executed authorization
B) Through the proper discovery process
C) With a letter from the attorney
D) Such evidence cannot be obtained.

Question 31

Which of the following is not an exception to the hearsay rule?

A) Excited utterance
B) Electronically stored information
C) Business records
D) Statements against interest

Question 32

An expert witness ________.

A) must have special education, experience, and expertise
B) can give opinion testimony
C) is paid for testifying in court
D) All of these choices.

Question 33

________ evidence is evidence that a witness personally observed and that, if believed, directly establishes a fact.

Question 34

Leading questions during an interview ________.

A) call for the opinion of the witness
B) are a good method of obtaining needed information
C) should probably be avoided
D) call for a narrative response

Question 35

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