Deck 10: Conducting Interviews and Investigation

Question 1

When conducting an interview, the interviewer should:

A)Remain flexible
B)Adhere strictly to preprinted forms
C)Not make eye contact with the interviewee
D)Use lots of complicated legal terms

Answer 1

A

Question 2

When interviewing, it is important to:

A)Not make eye contact with the interviewee
B)Avoid casual conversation at all times
C)Use legal terms whenever possible
D)Use language that the interviewee understands

Answer 2

D

Question 3

Before an interview, you should:

A)Read the case file thoroughly
B)Glance over the main points of the case file
C)Not read the case file so that you are not influenced by it during the interview
D)Google the interviewee's name

Answer 3

A

Question 4

An open-ended question is one that:

A)Is phrased in such a way that it elicits a simple "yes" or "no" answer
B)May elicit a lengthy response
C)Is phrased in such a way that it suggest the desired answer
D)Asks the interviewee to assume certain facts in forming an answer

Question 5

Paralegal Margaret is interviewing witness Dave about a car accident he witnessed.Will seems nervous and uncomfortable.Margaret should:

A)Immediately begin questioning Dave about the details of the accident
B)Stick strictly to her prewritten questions
C)Spend a minute or two chatting casually
D)Avoid small talk

Question 6

A question that is phrased in such a way that it elicits a simple "yes" or "no" answer is called:

A)An open-ended question
B)A closed-ended question
C)A hypothetical question
D)A leading question

Question 7

A leading question is one that:

A)Is phrased in such a way that it elicits a simple "yes" or "no" answer
B)May elicit a lengthy response
C)Is phrased in such a way that it suggest the desired answer
D)Asks the interviewee to assume certain facts in forming an answer

Question 8

Paralegal Julia is interviewing Ryan, an interviewee for a case her supervising attorney is working on.Ryan says that he saw a person hit the defendant in the face.Julia should:

A)Ask Ryan how far away he was when he saw this
B)Ask Ryan what the assailant was doing before the incident
C)Not ask Ryan any more questions about the incident
D)Ask Ryan how far away he was when he saw this and ask Ryan what the assailant was doing before the incident

Question 9

A question that is phrased in such a way that it elicits a relatively unguided and detailed discussion of an experience or an event is called:

A)An open-ended question
B)A closed-ended question
C)A hypothetical question
D)A leading question

Question 10

During an interview, you should:

A)Adhere strictly to prewritten questions
B)Not allow the interviewee to make conjectures
C)Set aside what you have read about the case in the case file
D)Avoid eye contact with the interviewee

Question 11

Which of the following is an example of an open-ended question?

A)"What did you see before entering the intersection?"
B)"Were you late for work that morning?"
C)"Was there anyone in the car with you at the time?"
D)"Were you exceeding the speed limit when the accident occurred?"

Question 12

When using a digital recorder to record an interview, which of the following pieces of information should be included at the beginning of the recording?

A)The name of the interviewee
B)The name of the interviewer
C)The date of the interview
D)All of these choices are correct

Question 13

A closed-ended question is one that:

A)Is phrased in such a way that it elicits a simple "yes" or "no" answer
B)May elicit a lengthy response
C)Is phrased in such a way that it suggest the desired answer
D)Asks the interviewee to assume certain facts in forming an answer

Question 14

Open-ended questions are typically used with:

A)Hostile interviewees
B)Monosyllabic interviewees
C)Friendly interviewees
D)Open-ended questions are never used in interviews

Question 15

A hypothetical question is one that:

A)Is phrased in such a way that it elicits a simple "yes" or "no" answer
B)May elicit a lengthy response
C)Is phrased in such a way that it suggest the desired answer
D)Asks the interviewee to assume certain facts in forming an answer

Question 16

Paralegal Megan is interviewing witness Will about a car accident he witnessed. Will seems nervous and uncomfortable.Megan should:

A)Immediately begin questioning Will about the details of the accident
B)Stick strictly to her prewritten questions
C)Offer Will a cup of coffee
D)Avoid small talk

Question 17

As a paralegal you may be responsible for:

A)Locating a witness
B)Scheduling an interview with a witness
C)Determining where an interview with a witness will take place
D)All of these choices are correct

Question 18

Which of the following is a disadvantage of recording an interview?

A)Audio recordings are not allowed in court
B)Clients or witness may feel uncomfortable and be less willing to disclose information if they know they are being recorded
C)Audio recordings are notoriously unreliable
D)Background noise is often a problem

Question 19

Which of the following is a type of question that a paralegal might use during an interview?

A)An open-ended question
B)A closed-ended question
C)A leading question
D)All of these choices are correct

Question 20

When using a digital recorder to record an interview, which of the following pieces of information should not be included at the beginning of the recording?

A)The name of the interviewee
B)The name of the interviewer
C)The date of the interview
D)None of these choices are correct

Question 21

"What type of treatment does a person who has suffered the kinds of injuries just described ordinarily receive?" is an example of a(n) question.

A)Leading
B)Hypothetical
C)Open-ended
D)Closed-ended

Question 22

A question that suggests a desired answer and may be used to elicit responses from witnesses who otherwise would not be forthcoming is called:

A)A closed-ended question
B)A hypothetical question
C)An open-ended question
D)A leading question

Question 23

Interviewing skills include which of the following?

A)Interpersonal skills
B)Questioning skills
C)Listening skills
D)All of these choices are correct

Question 24

listening allows the interviewer to clarify and confirm the interviewee's statements throughout the interview.

A)Passive
B)Active
C)Facilitated
D)Interested

Question 25

Which of the following is an example of a closed-ended question?

A)"What did you see before entering the intersection?"
B)"Were you late for work that morning?"
C)"If a full-sized van is going 60 miles per hour, how far before an intersection must the driver apply the brakes in order to stop the vehicle?"
D)"You saw that the light had turned red before you entered the intersection, didn't you?"

Question 26

"Can you describe the murderer?" is an example of a(n) question.

A)Leading
B)Closed-ended
C)Hypothetical
D)Open-ended

Question 27

Hypothetical questions are most commonly used with:

A)Hostile witnesses
B)Expert witnesses
C)Interviewees with limited education
D)Interviewees with limited English understanding

Question 28

"Did you see the murderer's face?" is an example of a(n) question.

A)Closed-ended
B)Open-ended
C)Hypothetical
D)Leading

Question 29

Which of the following statements is not true of active listening?

A)An active listener restates the speaker's message in his or her own words to confirm that he or she is accurately interpreting what was said
B)Active listening requires the listener to pay little attention to what the speaker is saying
C)An active listener needs to be constantly analyzing the interviewee's responses and deciding how those responses should direct the questioning
D)Active listening involves feedback

Question 30

is the act of listening attentively to the speaker's message and responding to the speaker by providing verbal or nonverbal cues that encourage the speaker to continue-in effect, saying, "I'm listening, please go on."

A)Active listening
B)Retentive listening
C)Passive listening
D)Reflecting back

Question 31

An open-ended question should be used when:

A)The interviewee is hostile
B)You want to give the interviewee an opportunity to talk at some length about a given subject
C)You want a simple "yes" or "no" answer
D)Open-ended questions should never be used

Question 32

Which of the following is an example of a hypothetical question?

A)"What did you see before entering the intersection?"
B)"Were you late for work that morning?"
C)"If a full-sized van is going 60 miles per hour, how far before an intersection must the driver apply the brakes in order to stop the vehicle?"
D)"You saw that the light had turned red before you entered the intersection, didn't you?"

Question 33

Which of the following is not a passive listening technique?

A)Nodding positively
B)Maintaining eye contact
C)Saying "I'm listening, please go on"
D)All of these choices are examples of passive listening techniques

Question 34

"Isn't it true that you saw the murderer's face?" is an example of a(n) question.

A)Open-ended
B)Closed-ended
C)Hypothetical
D)Leading

Question 35

The act of listening attentively to the speaker's verbal or nonverbal messages and responding to those messages by giving appropriate feedback is called:

A)Supportive listening
B)Active listening
C)Retentive listening
D)All of these choices are correct

Question 36

A closed-ended question should be used when:

A)The interviewee stays focused and on topic
B)You want to give the interviewee an opportunity to talk at some length about a given subject
C)You want a simple "yes" or "no" answer
D)Closed-ended questions should never be used

Question 37

Which of the following statements is true about communicating effectively with an interviewee?

A)Making the interviewee feel comfortable will lead to an effective interview
B)The interviewer should ask difficult and complicated questions
C)The interviewer should avoid using legal terminology
D)Making the interviewee feel comfortable will lead to an effective interview and the interviewer should avoid using legal terminology

Question 38

Which of the following are interpersonal skills that should be used by an interviewer?

A)Putting the interviewee at ease
B)Using language that the interviewee will understand
C)Showing concern for the interviewee's personal comfort
D)All of these choices are correct

Question 39

A question based on hypothesis, conjecture, or fiction is called:

A)An open-ended question
B)A closed-ended question
C)A hypothetical question
D)A leading question

Question 40

Which of the following is an example of a leading question?

A)"What did you see before entering the intersection?"
B)"Were you late for work that morning?"
C)"If a full-sized van is going 60 miles per hour, how far before an intersection must the driver apply the brakes in order to stop the vehicle?"
D)"You saw that the light had turned red before you entered the intersection, didn't you?"

Question 41

A(n) interview is an interview in which the client is brought in to discuss upcoming legal proceedings.

A)Official
B)Legal
C)Informational
D)Initial

Question 42

Which of the following are types of witnesses that paralegals may interview?

A)Expert witnesses
B)Lay witnesses
C)Eyewitnesses
D)Lay witnesses and eyewitnesses
E)All of these choices are correct

Question 43

A witness who testifies about an event that he has observed or has experienced firsthand is called:

A)An eyewitness
B)An expert witness
C)A lay witness
D)An adverse witness

Question 44

Which of the following types of interviews does a paralegal ordinarily conduct?

A)Subsequent client interviews
B)Initial client interviews
C)Informational interviews
D)Subsequent client interviews and informational interviews
E)All of these choices are correct

Question 45

When summarizing a client interview, a paralegal should do which of the following?

A)Create the summary immediately after the interview
B)Review all notes and recordings made during the interview
C)Note his or her impressions of the client and the client's nonverbal behaviors
D)All of these choices are correct

Question 46

The purpose of an initial client interview is to:

A)Gather additional information
B)Learn about the client's legal problems and decide whether to take the case
C)Update the client on the case progress, procedures, trial dates, and other
D)Summarize information gathered during the interview

Question 47

A witness who can truthfully and accurately testify on a fact in question as a result of observation or other factual knowledge about an event is called:

A)An eyewitness
B)An expert witness
C)A lay witness
D)A friendly witness

Question 48

When summarizing a client interview, a paralegal should not do which of the following?

A)Create the summary immediately after the interview
B)Review all notes and recordings made during the interview
C)Note his or her impressions of the client and the client's nonverbal behaviors
D)None of these choices are correct

Question 49

The purpose of a subsequent client interview is to:

A)Gather additional information
B)Learn about the client's legal problem and decide whether to take the case
C)Update the client on case progress, procedures, trial dates, and other
D)Summarize information learned during the client interview

Question 50

Documents presented by clients during interviews:

A)Cannot be used as evidence in court
B)Should be noted in the evidence log or other record that will indicate what was or was not received from clients
C)Should be put in the client's file for later review
D)Should not be retained in the attorney's office

Question 51

A witness with professional training, advanced knowledge, or substantial experience in a specialized area that qualifies the witness to testify on a particular subject is called:

A)An eyewitness
B)An expert witness
C)A lay witness
D)An adverse witness

Question 52

If, during an initial client interview, your supervising attorney does not inform the client that you, as a paralegal, cannot give legal advice, you should:

A)Not say anything
B)Inform the client that you cannot give legal advice
C)Wait and see what happens
D)None of these choices are correct

Question 53

When attending an initial client interview, a paralegal should always:

A)Digitally record what the client is saying
B)Tell the client that the paralegal will send the appropriate forms and releases in the mail
C)Indicate her nonattorney status to the client
D)Discuss legal fees with the client

Question 54

Dixie May is suing Dr.Plastic for messing up her nose reconstruction.Dr.Meiners is a plastic surgeon who has been asked to testify about the medical details of a nose job.Dr.Meiners is:

A)An eyewitness
B)An expert witness
C)A lay witness
D)A friendly witness

Question 55

Which of the following rules make for a good interview?

A)Always use legal terminology with clients
B)Paralegals should not be active participants in the interview
C)Successful interviews require little preparation
D)Interruptions and distractions should be kept to a minimum

Question 56

When preparing an interviewee for an interview, a paralegal should not:

A)Indicate what items or documents to bring to the interview
B)Advise the interviewee of the interview at the last minute
C)Send a follow-up confirming letter
D)All of these choices are correct

Question 57

An expert witness:

A)Has professional training, advanced knowledge, or substantial experience in a specialized area
B)Does not possess any particular skill or expertise relating to the matter before the court
C)Observed an event firsthand
D)Cannot be cross-examined

Question 58

Which of the following statements is true of digitally recording interviews?

A)You do not need the permission of the person being interviewed
B)You only need the permission of your supervising attorney to digitally record an interview
C)Permission must be obtained from both your supervising attorney and the person to be interviewed
D)You do not need permission from anyone in order to digitally record an interview

Question 59

The purpose of an informational interview is to:

A)Gather additional information
B)Learn about the client's legal problem and decide whether to take the case
C)Update the client on case progress, procedures, trial dates, and other
D)Summarize information learned during the client interview

Question 60

Which of the following is a type of witness?

A)An expert witness
B)A lay witness
C)An eyewitness
D)An expert witness and an eyewitness
E)All of these choices are correct

Question 61

A final crucial step in the interviewing process is:

A)Discussing your impressions of the interview with the attorney
B)Sending a follow-up letter to the client
C)Summarizing the interview in an intake memorandum
D)Reviewing the digital recording of the interview

Question 62

Mrs.Rosen, the driver of a blue Oldsmobile, was behind a red Ford Bronco when it crashed into a semi-trailer.Mrs.Rosen will testify about what she observed during the car accident.Mrs.Rosen is:

A)An expert witness
B)A lay witness
C)A friendly witness
D)An adverse witness

Question 63

Which of the following things would not reduce a witness's credibility?

A)A history of drug use
B)A reputation in the community as a liar
C)A criminal record
D)A leadership position in the community

Question 64

Investigation of the facts and circumstances of a legal matter is an important part of legal work because:

A)Attorneys need to know the truth
B)Factual evidence is crucial to the outcome of a legal claim or case
C)An attorney needs to know if his opponent is telling the truth
D)All of these choices are correct

Question 65

Another term for a hostile witness is:

A)Adverse witness
B)Unfriendly witness
C)Biased witness
D)Uncooperative witness

Question 66

When interviewing friendly witnesses, it is important to:

A)Not maintain eye contact for too long
B)Avoid small talk
C)Listen closely for the actual facts
D)Have prewritten questions

Question 67

Dr.Levi was standing at an intersection getting ready to cross the street when Jonah ran a red light and crashed into Silas's blue Dodge pickup.Dr.Levi can testify as:

A)An eyewitness
B)An expert witness
C)A friendly witness
D)An adverse witness

Question 68

Which of the following sources is likely to be included in an investigation plan in an auto accident case?

A)The police department
B)Witnesses
C)Employment records
D)Hospital records
E)All of these choices are correct

Question 69

An investigation is a document that lists each step involved in obtaining and verifying the facts and information that are relevant to a legal problem that is under investigation.

A)Objectives list
B)Plan
C)Checklist
D)Form book

Question 70

A(n) is a written statement that documents what a witness said during an interview, identifies the witness, the incident, and the details and facts discovered during the interview, and is signed by the witness.

A)Deposition
B)Interview summary
C)Witness statement
D)All of these choices are correct

Question 71

A witness statement may be used to call into question the witness's testimony or demonstrate that the witness is unreliable.This is known as:

A)Impeaching the witness
B)Discrediting the witness
C)Removing the witness
D)Debunking the witness

Question 72

Which of the following could reduce a witness's credibility?

A)A history of drug use
B)A reputation in the community as a liar
C)A criminal record
D)All of these choices are correct

Question 73

Another term for an adverse witness is:

A)Hostile witness
B)Unfriendly witness
C)Biased witness
D)Uncooperative witness

Question 74

Under the _, any person is competent to be a lay witness as long as the individual has personal knowledge of the matter.

A)Federal Witness Definition
B)Federal Rules of Evidence
C)Federal Rules of Testimony
D)Federal Rules of Court

Question 75

Before starting an investigation, a paralegal should:

A)Contact all known witnesses
B)Discuss the case with other paralegals
C)Create an investigation plan
D)All of these choices are correct

Question 76

Paralegal Sarah is meeting with a client, Mr.Jones, to obtain all necessary information to prepare his bankruptcy filing.This meeting takes place after Sarah's supervising attorney has decided to take Mr.Jones's case.This describes a(n):

A)Initial client interview
B)Subsequent client interview
C)Informational interview
D)Witness interview

Question 77

Paralegal Catherine and attorney Jordan are meeting with a client to learn about the client's legal problem and to allow attorney Jordan to give the client legal advice, discuss legal fees, and determine whether or not to take the case.This describes a(n):

A)Initial client interview
B)Subsequent client interview
C)Informational interview
D)Witness interview

Question 78

Paralegal Tom is meeting with Mrs.Brown, a client, to discuss her upcoming divorce hearing.His supervising attorney has asked Tom to review the court procedures and explain to Mrs.Brown how she should dress and groom herself for the hearing, how to remain calm during the hearing, and what types of questions to expect.This describes a(n):

A)Initial client interview
B)Subsequent client interview
C)Informational interview
D)Witness interview

Question 79

Mrs.Roberts is a witness to a burglary of her next-door neighbor's house. Mrs.Roberts contacts the police and asks them to give her name to the prosecutor because she wants to testify against the accused.She feels that if she testifies, it will help keep the burglaries down in her neighborhood.Mrs.Roberts is a(n) witness.

A)Expert
B)Adverse
C)Friendly
D)Expert and friendly

Question 80

Expert witnesses usually testify in which of the following types of cases?

A)Car accident cases
B)Criminal cases
C)Medical malpractice cases
D)Product liability cases
E)Medical malpractice cases and product liability cases