EVIDENCE
INVESTIGATION
DISCOVERY
ETHICS
INTERVIEWING
100
______________ evidence is evidence that, if believed, establishes a relevant fact without the need for any inference. ___________________ evidence is indirect evidence that requires an inference or conclusion to prove a relevant fact.
What is DIRECT / CIRCUMSTANTIAL
100
In every matter that a lawyer handles for a client, the _________ that are discovered will determine what ___________ controls.
What is FACTS / LAW
100
Depositions, Interrogatories, Requests for Production of Docs, Requests for Physical or Mental Exams, and Request for Admissions are all part of WHAT?
What is FORMAL DISCOVERY in a CIVIL CASE
100
Confidential communications between a lawyer and client regardling legal issues are protected from public disclosure by this:
What is: The Attorney-Client Privilege
100
The three types of people that will be interviewed in legal context.
What are CLIENTS, FACT WITNESSES, and OTHER INFORMATION SOURCES
200
Regular witnesses who aren't deemed to be qualified by a judge to testify as "expert witnesses" are referred to as ______________ witnesses.
What is a LAY WITNESS
200
Prefiling investigation is done by a plaintiff's attorney to determine these things.
What are: if the client has valid cause of action; if client has timely cause of action; likelihood that client will be able to prevail if suit is brought; existence and strength of any potential defenses; ID of other defendants; existence of all documentation, etc.
200
The purpose for a lawyer to take a deposition is
What is to learn what knowledge a witness has; to observe person's demeanor to evaluate effectiveness at trial; to get witness to commit under oath; to preserve testimony of an unavailable trial witness.
200
These are all consequences of UNETHICAL behavior by a paralegal.
What are losing your job; losing your certification; losing right to appear before admin agencies; subject to lawsuits; subject to criminal prosecution; damaged repuations.
200
List the different types of questions we studied this semester.
What are Open-ended; closed-ended; leading; pressure; hypothetical; multiple-choice; Opinion; Explanatory; SILENCE
300
Degree of proof in Criminal Case is _________________________. Degree of proof in Civil Case is _________________________.
What is Beyond a Reasonable Doubt / By a Preponderance of the Evidence.
300
Criminal Defense attorney will engage in investigation for what reasons.
What is to evaluate government's charges against client; advise client how to plead and whether to defend charges; prepare the defense for trial
300
Written questions submitted by one party to another, which must be answered in writing and under oath by the party being interrogated.
What are INTEROGATORIES?
300
Legal term defined by Legal knowledge, skill, thoroughness and preparation; diligence and promptness; and communication with clients.
What is COMPETENCE
300
Considerations you must think of when determining the seating arrangment for your interview include the following:
What are Not sitting too close; being conscious of doors and windows; keeping your notes shielded from subject; put away materials related to other clients.
400
List some common exceptions to the Hearsay Rule.
What are Present sense impression; Excited utterance; Statements made for the purpose of medical diagnosis; recorded recollection; Statements used to refresh memory; Business records; Public records; Former testimony; Statement against interest.
400
Name one of the websites we looked at that can be used to investigate personal information on witnesses including their own residential addresses?
What are zabasearch.com; peoplefinders.com; spokeo.com; facebook.com; myspace.com
400
This Supreme Court Case is the foundation for criminal discovery obligation by prosecution to turn over any exculpatory evidence or evidence that is MATERIAL.
What is BRADY v. MARYLAND or "BRADY EVIDENCE"
400
If you do not have the required skill or knowledge to complete a task, you should do this...
What is ATTAIN it and get support from attorney or more experienced paralegals.
400
These are types of witnesses you will commonly encounter in your jobs as paralegal professionals.
What are Friendly witness; hostile witness; neutral/disinterested witness; skeptical witness; nosey witness; too-helpful witness; too-busy witness; show-off witness; big-ego witness; condescending witness; flirtatious witness;
500
The most fundamental reason for the Hearsay Rule is to ensure THIS about evidence being admitted into evidence.
What is RELIABILITY
500
Effective investigators should be THIS acronym:
What is LOVER: Listener, Observer, Evaluator, Reporter
500
CA Penal Code Section 1054 which governs criminal discovery requires what?
What are Names and address of Wits intended to call; statements of defendants; all relevant evidence obtained; felony convictions of material witnesses; any exculpatory evidence; any witness reports, results, tests, etc.
500
By doing any of these: Establishing an attorney/client relationship; setting legal fees; giving legal opinions; representing a client in court; or negotatiating a legal matter for a client, you would be participating in WHAT?
What is the Unauthorized Practice of Law
500
When you develop inconsistencies or contradictions in witness statements or develop a bias, interest, or unreliability in witness testimony, you are doing WHAT to that witness (legal term)?
What is IMPEACHING A WITNESS ?
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