Question 1

Rena hears Katherine tell Raquel that she, Katherine, heard Ralph say he murdered John. Rena's testimony that Ralph murdered John is considered

Accepted Answer

Rena's testimony is considered hearsay because she is reporting what she heard from Katherine, who in turn heard it from Ralph. Hearsay is an out-of-court statement offered to prove the truth of the matter asserted and is generally inadmissible in court unless an exception applies.

Question 2

Testimony that is given in court by a witness who relates not what he or she knows personally but what another person said is called which of the following?

Accepted Answer

Hearsay is evidence presented by a witness who did not see or hear the incident in question but heard about it from someone else. It is generally inadmissible in court because it does not come from the direct knowledge of the witness.

Question 3

When tape-recording an interview with a witness, which of the following information should not be included at the beginning of the recording?

Accepted Answer

The interviewer's Social Security number should not be included at the beginning of the recording as it is sensitive personal information that is irrelevant to the purpose of the interview and could pose a security risk if disclosed.

Question 4

Which of the following is true regarding witnesses?

Accepted Answer

Each statement is true regarding witnesses. A lay witness must indeed have personal knowledge of the matter they testify about, ensuring their testimony is based on firsthand experience rather than hearsay or speculation. An expert witness is required to have specialized knowledge, skill, experience, training, or education in a particular field relevant to the case, allowing them to provide informed opinions that a layperson could not. Lastly, the credibility of witnesses is fundamental to the integrity of their testimony, as it affects the weight and trustworthiness the court or jury places on their statements.

Question 5

Which of the following is an exemption to the hearsay rule?

Accepted Answer

Statements made by a dying person concerning the cause of his or her impending death are considered an exception to the hearsay rule under the dying declaration exception. This exception is based on the belief that individuals are unlikely to make false statements when they believe they are about to die.

Question 6

Roger is suing Big Andrew Oil, Inc., for polluting the river that runs through his property. As the paralegal working on his case, you obtain a federal EPA report on the damage in the river. This evidence

Accepted Answer

Federal EPA reports are considered self-authenticated under the federal rules of evidence, meaning they do not require additional evidence to prove their authenticity.

Question 7

In the course of an interview, the paralegal should remember to seek details and clarification regarding the interviewee's statements by asking______questions.

Accepted Answer

Follow-up questions are essential during an interview to seek details and clarification regarding the interviewee's statements. They help in gathering more in-depth information.

Question 8

What information should be included in an investigation summary?

Accepted Answer

An investigation summary should include both an overall summary and a detailed summary of the facts and information gathered from each source to provide a comprehensive overview of the investigation's findings.

Question 9

When interviewing witnesses, you should always operate under the assumption that each witness

Accepted Answer

Interviewing witnesses with the mindset that each one is a potential court witness ensures that the interviewer maintains a professional, thorough, and unbiased approach, recognizing the legal implications and the importance of accurate, detailed testimony.

Question 10

When interviewing a hostile witness, you should remember to

Accepted Answer

Contacting and interviewing a hostile witness in the early stages of your investigation can help you to build rapport and gain their trust, which can make them more likely to cooperate with you.

Question 11

Mr. Brown witnessed a press closing on the arm of a fellow employee during work and testifies as to the nature and the extent of the injuries sustained by his co-worker, including the co- worker's future prognosis. Should the judge allow Mr. Brown's testimony?

Accepted Answer

The answer of Mr. Brown witnessed a press closing on...

Question 12

Which of the following is a good rule of thumb to remember when interviewing witnesses?

Accepted Answer

Leading questions should be avoided as they can bias the witness's response. The goal is to obtain the most complete and accurate information possible, which is best achieved by phrasing questions in a way that encourages detailed answers. Listening selectively (option C) and checking qualifications only under certain conditions (option D) are not best practices for interviewing witnesses.

Question 13

Which of the following is true regarding relevant evidence?

Accepted Answer

Relevant evidence may be excluded if its probative value is substantially outweighed by other important considerations, and relevant evidence may be excluded if it would tend to distract the jury from the main issues of the case.

Question 14

Which of the following is generally true about witness statements?

Accepted Answer

The answer of Which of the following is generally true...

Question 15

Which of the following is a way in which evidence may be authenticated?

Accepted Answer

Evidence can be authenticated through witness testimony, where someone testifies that the evidence is what it is claimed to be, and through self-authentication, where certain types of documents are considered authentic without further proof due to their nature or official status.

Question 16

Which of the following is not a source available to paralegals who are attempting to locate a witness?

Accepted Answer

All the options listed (A through D) are potential sources available to paralegals for locating a witness. Each of these resources can provide valuable information that might help in finding a witness's contact information or whereabouts.

Question 17

Which of the following must be true of evidence in order for it to be admissible in court?

Accepted Answer

All of these choices are correct because for evidence to be admissible in court, it must be relevant to the case, authentic (verified as genuine), and a proper foundation must be laid by an attorney to establish its relevance and authenticity.

Question 18

Which of the following is true regarding hearsay?

Accepted Answer

Hearsay is defined as an out-of-court statement made by someone other than the witness testifying, offered to prove the truth of the matter asserted. It is generally not admissible as evidence due to concerns about its reliability, except under certain exceptions.

Question 19

Sources available to paralegals who are attempting to locate a witness include which of the following?

Accepted Answer

All of these sources can be useful for paralegals in locating a witness. The telephone and city directories can provide current or past addresses and phone numbers. Court records can offer information on a witness's involvement in legal matters, and professional organizations may have up-to-date contact information for members.

Question 20

A paralegal responsible for arranging an interview may need to do which of the following?

Accepted Answer

A paralegal may be responsible for locating a witness, scheduling the interview, and arranging for the use of the firm's conference room as part of their duties in preparing for a case or legal proceeding.

Quiz 11: Conducting Interviews and Investigations