Deck 12: Listening in Legal Contexts

Question 1

Darlene was able to give a description of suspect immediately after she witnessed a crime, but the trial proceedings took a year to begin. Darlene did not remember as much a year later. This variable is a(n)

A) system variable.
B) immediacy variable.
C) estimator variable.
D) voir dire variable.

Answer 1

A

Question 2

During an investigative interview, Officer Simmons asks a witness, "Now during the burglary, did you notice a weapon? How would you describe it?" If the witness did not focus on the weapon during the burglary and does not remember one, the witness is likely to

A) tell the officer there was no weapon.
B) incorporate a weapon into memory.
C) retract their statement out of safety concerns.
D) engage in relational listening.

Answer 2

B

Question 3

A negotiator discloses information about his elderly father to a man threatening suicide. The negotiator is using a(n)

A) listening technique.
B) action technique.
C) sharing response.
D) immediacy response.

Answer 3

C

Question 4

Which of the following is NOT an action technique?

A) Confrontation
B) Probing
C) Instructions
D) Reinforcement

Question 5

Stage one of an attorney-client interview is primarily focused on which of the following?

A) Outlining goals
B) Gathering information
C) Counseling the client
D) Building rapport

Question 6

Aiden is in the second stage of an attorney-client interview. Which of the following is most likely to happen during this stage?

A) Aiden's attorney will let him direct part of this stage of the interview.
B) Aiden's attorney will engage in empathetic listening at this stage.
C) Aiden's attorney will evaluate the facts of the case.
D) Aiden's attorney will ask questions for information.

Question 7

Elijah is providing advice to his friend on how to prepare for a meeting with an attorney. Which of the following is the best piece of advice Elijah could give his friend?

A) "The most important listening to use is comprehensive."
B) "Find the attorney who is focused on winning."
C) "It is the attorney's job to listen more than you listen."
D) "Recognize your own emotions surrounding the case."

Question 8

Jury selection is

A) don vile.
B) voir dire.
C) derum voc.
D) virum dem.

Question 9

Comprehensive listening is most important in which context of juror listening?

A) Listening to witness testimony
B) Listening to closing statements
C) Listening to judge instructions
D) Listening to jury deliberation

Question 10

Which of the following pieces of evidence would likely be the most influential to a jury?

A) Live witness testimony
B) Taped expert testimony
C) Photographs from the scene
D) Physical evidence

Question 11

During jury deliberation, if group members believe they all agree on a decision or hold the same view of an issue, when in actuality they do not, this is called

A) majority rule.
B) false consensus.
C) conflict phase.
D) affective conflict.

Question 12

During jury deliberations Brynn complains, "They just don't understand the crime because they are men." Brynn's statement can BEST be described as an example of

A) substantive conflict.
B) false consensus.
C) emergence phase.
D) affective conflict.

Question 13

"It took a while, but I think we've done a great job and made a great decision," would most likely be said during which of the following phases of jury deliberation?

A) Orientation
B) Supportive
C) Emergence
D) Reinforcement

Question 14

Which of the following types of Alternative Dispute Resolution provides the greatest control over level of outcome?

A) Negotiation
B) Litigation
C) Mediation
D) Arbitration

Question 15

A counselor is most likely to be called to assist in Alternative Dispute Resolution for which type of dispute?

A) Issue-oriented
B) Emotionally-oriented
C) Issue-emotion oriented
D) Negotiation-oriented

Question 16

Which of the following is NOT a goal for a good mediator?

A) Working toward a win-win situation for parties involved
B) Facilitating discussion between both parties
C) Imposing a solution on both parties
D) Pointing out elements of conflict the parties are not seeing

Question 17

Rosin Cakes and Star Bakeries are in a dispute over who first developed orange pekoe flavored frosting. They choose to have Anthony Perrit as their mediator. If the company representatives in the mediation stop talking, Anthony might choose to focus on major themes of discussion, using a technique called

A) reframing.
B) reviewing.
C) rapport.
D) reinforcement.

Question 18

Being a witness to a traumatic event will cause adrenaline to move through the body, making the witness' observation skills better.

Question 19

Officers conducting interrogations of a witness should focus their attention on appreciative listening.

Question 20

Estimator variables about a car accident would be that the accident happened in the Hunterville neighborhood involving a car stolen from a neighbor's garage.

Question 21

Witnesses are most accurate in testimony when they have open-ended questions guiding them.

Question 22

Problem-solving is not a priority during crisis negotiation.

Question 23

Reinforcement is one example of a listening technique used by a crisis negotiator.

Question 24

Attorneys should begin their client interviews with critical listening and end with relational listening.

Question 25

As an attorney, when Kristen begins her interview with a client, she should let her client direct the initial part of the interview.

Question 26

It is important for both attorneys and clients to engage in critical listening during the attorney-client interview.

Question 27

Attorneys first introduce case themes and background to jurors during the opening statements in the courtroom.

Question 28

Stories are important in opening statements because they help jurors organize and process information.

Question 29

Case themes are generally categorized as evaluative or affective.

Question 30

The most important listening a juror uses during witness testimony is comprehensive listening.

Question 31

The first thing a jury should do during deliberations is determine if all jury members agree by taking an initial straw poll.

Question 32

Listening juries are more likely to engage in substantive conflict than affective conflict.

Question 33

Mason, a mediator, is working with Avery and Catherine to resolve a dispute. When Catherine claims, "Avery is out-of-her mind, and couldn't keep her promises if she tried," Mason restates this claim saying, "Catherine is not sure that you have demonstrated your ability to follow through on some things." Mason has engaged in the mediation technique of reframing.

Question 34

Ethical mediators will side with the client that is most correct.

Question 35

Two roommates who can no longer tolerate each other are moving into separate places. Both roommates want the cat that they adopted from the shelter. Mediation would be the best way to solve this dispute if negotiation fails.

Question 36

More listening and less __________ on the part of a law enforcement official during an investigative interview will help encourage accurate witness recall.

Question 37

__________variables would include when a crime took place and where it occurred.

Question 38

Officers should use __________ listening if a witness is still visibly emotionally affected after witnessing an event.

Question 39

Research shows that FBI agents trained in hostage negotiation have stronger __________
listening skills than those not trained in that area.

Question 40

A negotiator might use interpretation or giving instructions, types of __________ techniques.

Question 41

Negotiators might use the specific technique of __________ by telling someone, "What you just did was a great step toward us having some trust."

Question 42

Part of establishing __________ during an attorney-client interview is presenting a professional image.

Question 43

One of the jobs of an attorney in the last stages of an attorney-client interview is to provide the client with __________ outcomes.

Question 44

The jury selection process begins with potential jurors being chosen from a jury __________
to participate in vior dire.

Question 45

Attorneys usually organize opening statements in __________ form in hopes that their opening statements will activate favorable juror schemata.

Question 46

After opening statements occur, each attorney presents their __________, where witnesses address the evidence that supports their case.

Question 47

Juries and similar other groups with members who don't know each other well usually deliberate in specific, observable phases called __________ Phases.

Question 48

When jurors begin to show more signs of agreement than conflict, juries have entered the
__________ phase of decision-making.

Question 49

A neutral third party is best suited to handle types of disputes that are__________________oriented.

Question 50

According to the text, mediation usually occurs when parties in conflict experience a situation of __________, where material items are involved rather than principles being discussed.

Question 51

What are two challenges that an eyewitness might face?

Question 52

Define estimator and system variables, and provide at least one an example of each.

Question 53

Name three types of listening that are important when a law enforcement official is collecting a witness statement, and describe why each type is important.

Question 54

In terms of the amount and type of questions, under what circumstances will a witness most accurately recall information during an investigative interview? When is accuracy worst?

Question 55

Why will a good crisis negotiator avoid problem-solving during negotiation?

Question 56

Name and define three specific communication techniques a negotiator might use during crisis negotiation.

Question 57

What are four things an attorney should do during the information-gathering stage of an attorney-client interview?

Question 58

As a communication consultant, your best friend Nick has asked your advice on what he should do during his meeting with his new attorney. Name and describe at least three pieces of advice you would Nick before he goes to his attorney-client interview.

Question 59

According to Fraser, attorneys should follow a specific rule of listening during jury selection. Identify and explain this rule.

Question 60

What are Fisher's four phases? Identify and provide a brief description of each phase.

Question 61

What listening behaviors distinguish a verdict-driven jury from an evidence-driven jury?

Question 62

How are schemata important in mediation?

Question 63

Identify and describe two primary mediation skills.

Question 64

Reflecting on the information in this chapter and conflict resolution, what is one of the biggest differences in the job of a judge and that of a mediator?

Question 65

With each stage of the attorney-client interview, an attorney's goals and listening change. Discuss the third stage of the attorney-client interview process. Be sure to identify primary goals of this stage and explain how good attorneys adapt their listening.

Question 66

Explain in four to five sentences how attorney stories during opening statements can influence juror listening during a trial and during juror decision-making.

Question 67

Discuss the primary attributes of issue-oriented and emotionally-oriented dispute resolution. What is the focus of each type of conflict? Identify one example of each type of conflict as part of the discussion, and one example of a professional who might be called on to help resolve the conflict.