Deck 13: Ethical and Professional Responsibility in Testimony

Question 1

Who may write the expert report?

A)The lawyer handling the case
B)The lawyer's secretary
C)The expert's secretary
D)Only the expert investigating the case

Answer 1

D

Question 2

Nontestimonial witnesses are those who serve as

A)Adjunct expert witnesses
B)Consultants who will not be called at trial
C)Defense witnesses
D)Prosecutorial witnesses

Answer 2

B

Question 3

Voir dire is defined as

A)An examination of prospective judges under oath to determine their competence or suitability
B)A preliminary examination of prospective witnesses under oath to determine their competence or suitability
C)A preliminary examination of the exhibits to be used in a case to determine relevance
D)An examination of legal counsel involved in a case to determine their competence or suitability

Answer 3

B

Question 4

An expert witness is the only witness who

A)Can be deposed out of court
B)Can give an opinion about what happened without having been there
C)Always testifies for the defense
D)Always testifies for the prosecution

Question 5

Which of the following is NOT considered a part of the work product?

A)Your conclusions
B)Your notes
C)Your opinions
D)Your colleague's opinion

Question 6

Which of the following may be called or made subject to discovery?

A)Correspondence
B)Notes
C)Opinions
D)All of the above

Question 7

All of the following can take place before trial EXCEPT

A)Discovery
B)Hearing of motions
C)Cross examination of witnesses
D)Depositions

Question 8

Before accepting a case,a good investigator will check

A)That there is enough money to make it worthwhile
B)That there are enough witnesses
C)That there are no physical dangers involved
D)That there is no conflict of interest

Question 9

To impeach one's credibility a lawyer may attack all of the following EXCEPT

A)Your physical abilities
B)Your credentials
C)Your methods
D)Your written and/or verbal statements

Question 10

________ are able to give direct testimony because they have observed events through their senses.

Question 11

Jurors should begin a case

A)Knowing all the facts that may be presented
B)With a clear opinion about the guilt or innocence of the defendant
C)With a clear understanding of the laws at issue in the case
D)In a state of ignorance

Question 12

________ are done out of court but under the same oath as in court.

Question 13

Guidelines for how to respond to counsel include all of the following EXCEPT

A)Refuse to answer any questions to which you do not know the answer.
B)Do not allow anyone to rush you.
C)Direct your replies to the judge and jury.
D)Do not try to educate the questioner on the topic.

Question 14

A witness who will testify in a trial is called a(n)________ witness.

Question 15

A(n)________ contains a complete statement of all opinions to be expressed and the basis and reasons for those opinions.

Question 16

As an expert witness,what should you NOT do while in court?

A)Be patient.
B)Try to be relaxed and look at the jury when answering.
C)Be truthful,careful,and precise.
D)Dress casually and comfortably.

Question 17

Preparation for testifying in court can include

A)Preparation of data
B)Personal training
C)Phone calls
D)All may be included

Question 18

Which of the following is NOT considered a part of an expert witness report?

A)Description of the facts
B)Materials not available for review
C)Findings
D)Background

Question 19

As an expert witness,you are being paid for all the following EXCEPT

A)Your expertise
B)Your ability to prove guilt
C)Your time
D)Your expert view

Question 20

Opposing counsel will do their best to ________ or discredit your testimony.

Question 21

________ is also used to examine jurors to make sure they are fair and impartial.

Question 22

________ is intentionally making a false statement under oath.

Question 23

The ________ Amendment to the U.S.Constitution guarantees the right of the accused to be confronted with the witnesses against him.

Question 24

You can ensure the best reception of your evidence by maintaining a(n)________ demeanor at all times.

Question 25

One of the most important parts of your work as an expert witness is ________ for the trial.

Question 26

In the courtroom,an expert witness's verbal and ________ behaviors affect what the jurors believe about her competence and trustworthiness.

Question 27

A common trap used by lawyers is to ask you to offer opinions outside ________.

Question 28

Everyone involved in the courts has a(n)________ to protect the legal system and the Constitution.

Question 29

The _______ was designed to encourage witnesses to testify freely and honestly without fear of lawsuits arising from their testimony.

Question 30

It is the ________ who ultimately decide the weight and credibility of the evidence.