Deck 9: Conducting an Investigation

Question 1

What advantages does a hand-written, signed statement have over a tape- recorded statement?

Answer 1

When a hand-written, signed statement is prepared, the witness and writer have the opportunity to decide exactly what will go into the statement and what will not be included. A signed statement is easy to use when reviewing the evidence and easy to use as an exhibit at trial.

Question 2

There may be instances when an investigator may choose not to identify the client for whom the investigation is being conducted.

Answer 2

True

Question 3

You should begin pointing out mistakes, inconsistencies, and "holes" in the client's version of the facts as soon as you suspect them.

Answer 3

False

Question 4

DEFINE
impeach

Question 5

Does the investigator have to include all of the bad things in the witness's statement?

Question 6

Under what circumstances is it alright for a paralegal to try to have a witness change his or her version of an occurrence?

Question 7

DEFINE
leading question

Question 8

What advantage does a tape-recorded witness statement have over a hand- written, signed witness statement?

Question 9

The judge allow a jury to take illustrative exhibits to the jury room to examine and consider during its deliberations.

Question 10

DEFINE
accident scene

Question 11

Why is it important to obtain background information about an independent witness?

Question 12

Why should a paralegal prepare an investigation plan before undertaking the investigation?

Question 13

May an investigator destroy photographs of an accident scene because the investigator feels the photographs are not helpful to his or her client's case?

Question 14

A paralegal's memorandum of the interview of a witness does not have to be disclosed to the opposing side because it is part of the attorney's
.

Question 15

An uncooperative witness may be for a deposition.

Question 16

What use are photographs during the investigation?

Question 17

DEFINE
memorandum of interview

Question 18

Under what circumstances is it preferable to obtain a memorandum of interview rather than a witness statement?

Question 19

DEFINE
negative statement

Question 20

List five considerations for preparing an investigation plan.

Question 21

While a paralegal may inform the witness that the witness's recollections do not agree with the physical facts, a paralegal cannot try to get the witness to change his or her version by reasoning with the witness and showing the witness the essential factors that indicate the witness is mistaken.

Question 22

What must a photograph show to be evidence of a fact?

Question 23

A statement not made under oath cannot be used to impeach the witness if the witness changes his or her version of the facts.

Question 24

As a general rule, lawyers and investigators want only recorded statements from witnesses if the statements are favorable.

Question 25

A photograph taken of physical damage to a car that was in an accident cannot be used as evidence if the photograph was taken long after the accident.

Question 26

How may records or information therein be obtained if those records are in the custody of a non-party? What if the custodian is reluctant to release the records or is difficult to deal with?

Question 27

During an interview, an investigator may need to provide a witness with an overview of the known facts in the case.

Question 28

What tactic might an investigator need to apply in a final effort to obtain the cooperation of a witness in providing a signed statement?

Question 29

Rule 26(b)(3) requires a party to give a witness a copy of his or her statement:

A) as soon as it has been prepared.
B) only if the witness's statement is not adverse to the client.
C) as soon as a verdict has been issued in the trial.
D) when the witness asks for it.

Question 30

What action should a paralegal take where the custodian of some item of physical evidence is not a party to the suit?

Question 31

How can the investigator and witness provide some evidence that the witness has read and corrected mistakes in a written statement and, thereby, show that the final product is true and correct and was specifically approved by the witness?

Question 32

A witness may use his or her statement to refresh his or her own recollection when preparing for trial.

Question 33

It is not necessary to have a witness sign a transcription of a stenographic statement since witnesses are always under oath to tell the truth.