Deck 11: Conducting Interviews and Investigations

Question 1

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.

Answer 1

C

Question 2

Which of the following is not a disadvantage of recording an interview?

A) Audio recordings are not allowed in court.
B) Background noise is often a problem.
C) Audio recordings are notoriously unreliable.
D) None of these choices is correct.

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

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.

Question 5

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 is correct.

Question 6

Before recording an interview, you need to get permission from

A) your supervising attorney only.
B) the interviewee only.
C) both your supervising attorney and the interviewee.
D) none of these choices-you do not need to get permission from anyone.

Question 7

Paralegal Margaret is interviewing witness Dave about a car accident he witnessed. Dave 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 8

Which of the following is a question that is phrased in such a way that it elicits a relatively unguided and detailed discussion of an experience or an event?

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

Question 9

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 10

As a paralegal you will not be responsible for which of the following?

A) Locating a witness
B) Scheduling an interview with a witness
C) Determining where an interview with a witness will take place
D) None of these choices is correct.

Question 11

Which of the following is crucial to the success of any interview?

A) The location of the interview
B) The number of witnesses
C) How well you prepare for it
D) The date of the interview

Question 12

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.

Question 13

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 14

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 15

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 16

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 17

As a paralegal you may be responsible for which of the following?

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

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 19

Which of the following is true regarding interviews?

A) You should never schedule interviews on Friday afternoons.
B) Paralegals may not conduct interviews.
C) You should have decided what information you want to obtain during the interview beforehand.
D) You should not make direct eye contact with the interviewee.

Question 20

Open-ended questions are

A) typically used with hostile interviewees.
B) typically used with monosyllabic interviewees.
C) typically used with friendly interviewees.
D) never used in interviews.

Question 21

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 suggests the desired answer.
D) asks the interviewee to assume certain facts in forming an answer.

Question 22

Hypothetical questions are frequently used with which of the following?

A) Expert witnesses
B) Scared witnesses
C) Quiet witnesses
D) Young witnesses

Question 23

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

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

Question 24

The question, "Isn't it true that you saw the murderer's face?" is an example of what type of question?

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

Question 25

Hypothetical questions are most commonly used with which of the following?

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

Question 26

A closed-ended question should

A) be used when the interviewee stays focused and on topic.
B) be used when you want to give the interviewee an opportunity to talk at some length about a given subject.
C) be used when you want a simple "yes" or "no" answer.
D) never be used.

Question 27

A question that suggests a desired answer and may be used to elicit responses from witnesses who otherwise would not be forthcoming is called which of the following?

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

Question 28

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 suggests the desired answer.
D) asks the interviewee to assume certain facts in forming an answer.

Question 29

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 suggests the desired answer.
D) asks the interviewee to assume certain facts in forming an answer.

Question 30

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 31

An open-ended question should

A) be used when the interviewee is hostile.
B) be used when you want to give the interviewee an opportunity to talk at some length about a given subject.
C) be used when you want a simple "yes" or "no" answer.
D) never be used.

Question 32

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 suggests the desired answer.
D) asks the interviewee to assume certain facts in forming an answer.

Question 33

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 34

A question based on hypothesis, conjecture, or fiction is called a(n) question.

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

Question 35

"Did you see the murderer's face?" is an example of what type of question?

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

Question 36

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 37

One of the most important keys to a productive interview is listening.

A) passive
B) active
C) reflective
D) None of these choices is correct.

Question 38

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 39

Verbal or nonverbal cues that encourage the speaker to continue are techniques.

A) passive
B) hypothetical
C) leading
D) None of these choices is correct. listening

Question 40

A question that is phrased in such a way that it elicits a simple "yes" or "no" answer is called a(n) question.

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

Question 41

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 42

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) None of these choices is correct.

Question 43

A digital shadow is a(n)

A) interviewee's electronic banking record.
B) digital picture of the interviewee.
C) interviewee's online presence.
D) None of these choices is correct.

Question 44

Which of the following 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 45

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 is correct.

Question 46

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 is correct.

Question 47

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 48

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

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

Question 49

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) None of these choice is correct.

Question 50

Which of the following is true of tape-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 tape-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 tape-record an interview.

Question 51

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

A) supportive
B) active
C) retentive
D) All of these choices are correct.

Question 52

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 53

Interviewing skills do not include which of the following?

A) Interpersonal skills
B) Questioning skills
C) Listening skills
D) None of these choices is correct.

Question 54

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 55

"Can you describe the murderer?" is an example of what type of question?

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

Question 56

An interviewee's online presence is referred to as a(n) shadow.

A) digital
B) Facebook
C) electronic
D) Internet

Question 57

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 58

Interviewing skills include which of the following?

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

Question 59

Which of the following rules makes 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 60

Which of the following 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 61

During an initial client interview, a paralegal's main job is usually to

A) take notes on what a client is saying.
B) ask the client leading questions.
C) ask the client hypothetical questions.
D) All of these choices are correct.

Question 62

Which of the following is another term for a hostile witness?

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

Question 63

Which of the following is a type of witness?

A) An expert witness
B) A lay witness
C) An eyewitness
D) All of these choices are correct.
E) None of these choices is correct.

Question 64

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 which of the following?

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

Question 65

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 which of the following?

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

Question 66

Which of the following types of witnesses may paralegals interview?

A) Expert witnesses
B) Lay witnesses
C) Eyewitnesses
D) All of these choices are correct.

Question 67

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 information.
D) summarize information learned during the client interview.

Question 68

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

Question 69

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 70

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 71

A witness who testifies about an event that he or she has observed or has experienced firsthand is which of the following?

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

Question 72

When attending an initial client interview, a paralegal should always

A) tape-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 the paralegal's nonattorney status to the client.
D) discuss legal fees with the client.

Question 73

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 which type of witness?

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

Question 74

Which of the following is another term for an adverse witness?

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

Question 75

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 information.
D) summarize information gathered during the interview.

Question 76

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

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

Question 77

When interviewing friendly witnesses, it is important to

A) not maintain eye contact for too long.
B) avoid small talk.
C) look closely for the actual facts.
D) have prewritten questions.

Question 78

Which of the following is a not a type of witness?

A) An expert witness
B) A lay witness
C) An eyewitness
D) None of these choices is correct.

Question 79

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(n)

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

Question 80

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 information.
D) summarize information learned during the client interview.