Deck 3: Evidence and Investigation

Question 1

The opposing attorney's work product is evidence that can be obtained only through formal investigation.

Answer 1

False

Question 2

Investigators must comply with some restrictive federal laws, such as the Electronic Communications Privacy Act.

Answer 2

True

Question 3

Privileged evidence is most useful at trial.

Answer 3

False

Question 4

A chain of custody is a locking device used to prevent removal of valuable evidence.

Question 5

Illegally obtained evidence, although inadmissible in criminal trials, is admissible in a civil trial.

Question 6

Evidence is material if it is of consequence to the determination of the action.

Question 7

A stipulation is permission from the judge to introduce evidence.

Question 8

When requesting records, remember that follow-up letters are irritating to busy doctors and should be avoided. ​

Question 9

Civil cases must be proved beyond a reasonable doubt.

Question 10

It is helpful to investigate an accident scene at the same time of day and on the same day of the week that the accident occurred.

Question 11

The more evidence collected to prove a single point, the better.

Question 12

Sherlock Holmes's tools, such as a magnifying glass and a stopwatch, are silly and no help to a serious investigator.

Question 13

You should always answer the questions of a witness about a case. ​

Question 14

Because it may make witnesses more cooperative, you should tell them the details of your client's case.

Question 15

Under some circumstances, witnesses may be paid. ​

Question 16

The communication between journalists and confidential sources is inadmissible in federal courts. ​

Question 17

You have no need to collect evidence that does not support your client's case.

Question 18

Full Social Security numbers are required on all legal documents.

Question 19

A signature on a contract is direct evidence of agreement to the contract.

Question 20

Circumstantial evidence can be valuable to a case.

Question 21

To be authenticated, physical evidence must be ​

A) ​ identified as genuine.
B) ​ stipulated by the opponent.
C) ​ direct.
D) ​ circumstantial.

Question 22

Authentication of electronic evidence requires a chain of custody.

Question 23

Newspapers are self-authenticating as evidence.

Question 24

Hearsay is admissible if it is a present sense impression.

Question 25

When drafting the statement of an uneducated witness, it is best to change the language to sound more sophisticated. ​

Question 26

The case that established the appropriate standard for expert opinion testimony in most jurisdictions is ​

A) ​ Brown v. Hammond .
B) ​ Frye v. U.S.
C) ​ Zippo Manufacturing Co. v. Zippo Dot Com, Inc .
D) ​ Daubert v. Merrell Dow Pharmaceuticals, Inc .

Question 27

The probative value of evidence must outweigh ​

A) ​ the opponent's evidence.
B) ​ its admissibility.
C) ​ the prejudice it causes.
D) ​ its materiality.

Question 28

Investigation raises few ethical concerns because it does not usually bring paralegals into contact with the public.

Question 29

To be admissible, evidence must be ​

A) ​ direct.
B) ​ cumulative.
C) ​ material.
D) ​ privileged.

Question 30

A witness's capacity to observe may not be questioned. ​

Question 31

Sketches used as evidence should always be drawn to scale. ​

Question 32

Photographs may be difficult to authenticate. ​

Question 33

Communication is least likely to be privileged if it is between ​

A) ​ paralegals and clients.
B) ​ attorneys and third-party consultants.
C) ​ doctors and patients.
D) ​ spouses.

Question 34

Judicial notice and stipulation save time. ​

Question 35

A witness statement should be signed in the presence of a third party, if possible.

Question 36

It is best to be the first investigator at the scene because you can take evidence so your opponent does not find it.

Question 37

A third party at a witness interview can verify that the witness statement is true. ​

Question 38

Once drafted, the witness statement cannot be changed.

Question 39

Authentication of computerized data relies in part on how the data were processed.

Question 40

There is no point in taking the statement of a witness who says she didn't see anything.

Question 41

The formal exchange of information in litigation is called ​

A) ​ investigation.
B) ​ discovery.
C) ​ evidence.
D) ​ relevance.

Question 42

Expert witnesses are best for presenting ​

A) ​ the chronology of the event.
B) ​ technical evidence.
C) ​ background on the client's character.
D) ​ demonstrative evidence.

Question 43

A chain of custody establishes ​

A) ​ that a piece of evidence is authentic.
B) ​ who owned an item at the time of the accident.
C) ​ which side gets to present a piece of evidence at trial.
D) ​ who takes custody of the item after trial.

Question 44

Rules of evidence are explained in ​

A) ​ federal statutes.
B) ​ Advisory Committee Notes.
C) ​ Federal Rules of Civil Procedure.
D) ​ ABA Guidelines.

Question 45

To be relevant, evidence must ​

A) ​ be given by an eyewitness.
B) ​ be direct.
C) ​ tend to prove or refute a fact of consequence.
D) ​ show a chain of custody.

Question 46

When interviewing witnesses ​

A) ​ ask questions that focus on elements of substantive law.
B) ​ bring several together to save time.
C) ​ don't worry about planning; go with your instincts.
D) ​ never pay them a fee.

Question 47

Attorney's work product is ​

A) ​ all the evidence gathered.
B) ​ motions and briefs.
C) ​ privileged.
D) ​ authenticated.

Question 48

​ Professional ethics require paralegals to

A) ​ make well-prepared statements to the press.
B) ​ give loyalty to the client top priority.
C) ​ refrain from obstructing the opposition's access to evidence.
D) ​ ignore fraudulent behavior of clients if it is privileged.

Question 49

State medical privacy laws must be followed when they ​

A) ​ are less restrictive than federal requirements.
B) ​ were passed more recently than federal requirements.
C) ​ are more restrictive than federal requirements.
D) ​ specifically reject federal requirements.

Question 50

Judicial notice permits the introduction of ​

A) ​ irrelevant evidence.
B) ​ immaterial evidence.
C) ​ physical evidence.
D) ​ evidence without authentication.

Question 51

If you need to interview an evasive witness it is best to ​

A) ​ visit without calling first.
B) ​ call for an appointment.
C) ​ pretend you represent the other side.
D) ​ wait until close to the time for the trial.

Question 52

A signed authorization to disclose health information ​

A) ​ restricts the recipient's right to redisclose the information to others.
B) ​ may be revoked.
C) ​ never expires.
D) ​ cannot exclude any type of health information.

Question 53

Res gestae statements are  ​

A) ​ inadmissible because they are hearsay.
B) ​ statements of reputation.
C) ​ excited utterances.
D) ​ always relevant.

Question 54

When speaking to witnesses a paralegal should reveal ​

A) ​ the amount of damages at stake.
B) ​ that the defendant is insured.
C) ​ nothing.
D) ​ that he or she is a paralegal.

Question 55

Hearsay is inadmissible if it is a ​

A) ​ res gestae statement.
B) ​ quote of what someone said to a witness.
C) ​ statement made to receive medical diagnosis.
D) ​ statement of reputation.

Question 56

​ Investigators need to be careful not to violate the

A) ​ Freedom of Information Act.
B) ​ Fair Credit Reporting Act.
C) ​ Zippo Manufacturing Rule.
D) ​ Model Rules for Witness Interviews.

Question 57

Evidence that opposes your client's case  ​

A) ​ is irrelevant.
B) ​ is circumstantial.
C) ​ is helpful in preparing for trial.
D) ​ should be destroyed.

Question 58

Tire tracks at the scene of an accident are most likely to be _____ evidence. ​

A) ​ physical
B) ​ direct
C) ​ inadmissible
D) ​ demonstrative

Question 59

Evidence is best gathered from key witnesses through a ​

A) ​ modem.
B) ​ personal interview.
C) ​ professional research service.
D) ​ letter.

Question 60

Care in drafting an investigation plan is important because it ​

A) ​ must be authenticated by a judge.
B) ​ must conform to Rule 6(a).
C) ​ is a record for billing.
D) ​ saves time and resources.

Question 61

Information gathered in informal investigation can be kept organized and under control with the help of ​

A) ​ witness information cover sheets.
B) ​ docket control software.
C) ​ a chain of custody.
D) ​ expert witnesses.

Question 63

Computer data is hearsay evidence unless it ​

A) is relevant. ​
B) ​ was entered by someone not connected to the case.
C) ​ is authenticated by an expert witness.
D) ​ was entered automatically by the computer.

Question 64

List the three levels of the burden of proof, from weakest to strongest, and the type of case to which they apply.

Question 65

If a test is likely to damage or destroy evidence ​

A) it should not be performed. ​
B) ​ it should be performed in court.
C) ​ the opponent should not be told.
D) ​ it should be recorded in photographs or on videotape.

Question 67

Hearsay is the firsthand observation of a(n) ​

A) witness. ​
B) ​ client.
C) ​ person other than one testifying.
D) ​ expert witness.

Question 68

An important focus for all steps of investigation is ​

A) ​ the Federal Rules of Civil Procedure.
B) ​ state procedural law.
C) ​ elements of substantive law.
D) ​ jurisdiction and venue.

Question 69

A review of information from the informal investigation will help the attorney decide ​

A) ​ how much to charge the client.
B) ​ what expert witnesses to have testify at trial.
C) ​ whether to file a complaint.
D) ​ whether to split the fee with the paralegal.

Question 70

A presumption is ​

A) not admissible in court. ​
B) ​ a form of hearsay.
C) ​ assumed true unless disproved by the opponent.
D) ​ a statement of the elements of the case.

Question 71

A witness may be impeached ​

A) ​ by a two-thirds vote of the Senate.
B) ​ if the witness is shown to be telling the truth.
C) ​ if trial testimony deviates from the signed statement.
D) ​ by the judge.

Question 72

The best evidence rule means that ​

A) ​ the side with the strongest evidence wins.
B) ​ only the original document or item is admissible.
C) ​ only the most important evidence may be presented.
D) ​ no circumstantial evidence is allowed.

Question 73

Self-authenticating evidence includes ​

A) ​ federal documents.
B) ​ blood test results.
C) ​ videotapes.
D) ​ tire tread marks.

Question 76

As evidence, photographs may be ​

A) ​ testimonial evidence.
B) ​ found to be prejudicial.
C) ​ thrown away if they support the opponent's case.
D) ​ digitally altered to favor the client's case.

Question 77

A statement of reputation is admissible ​

A) ​ if it bears on a witness's truthfulness.
B) ​ if it is based on religious belief.
C) ​ to prove the actions of the defendant.
D) ​ only if it is based on a criminal record.

Question 78

Why is evidence of habit or routine generally admissible?

Question 79

List four types of evidence and an example of each.

Question 80

The duty to preserve electronic evidence ​

A) is dictated by some specific statutes. ​
B) ​ begins when opposing attorneys give notice that certain information is required.
C) ​ does not cover e-mail.
D) ​ is met by seeing that electronic data are not erased.