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Explain the difference between an expert witness and a lay witness. Explain the situations in which each type of witness may be used.

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The difference between an expe...

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Rules governing the admissibility of evidence in trial courts are called which of the following?


A) Rules of civil procedure
B) Rules of criminal procedure
C) Rules of evidence
D) Rules of civil procedure and rules of evidence
E) None of these choices is correct.

F) C) and D)
G) A) and E)

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"Can you describe the murderer?" is an example of what type of question?


A) Leading
B) Closed ended
C) Hypothetical
D) Open ended

E) C) and D)
F) A) and B)

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Expert witnesses usually testify in which of the following types of cases?


A) Car accident cases
B) Criminal cases
C) Medical malpractice cases
D) Product liability cases
E) Medical malpractice cases and product liability cases

F) C) and D)
G) B) and D)

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A question based on hypothesis, conjecture, or fiction is called a(n) question.


A) open-ended
B) closed-ended
C) hypothetical
D) leading

E) All of the above
F) C) and D)

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As a paralegal you may be responsible for which of the following?


A) Locating a witness
B) Scheduling an interview with a witness
C) Determining where an interview with a witness will take place
D) All of these choices are correct.

E) A) and B)
F) B) and C)

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Which of the following is a plan that lists each step involved in obtaining and verifying the facts and information that are relevant to a legal problem that is under investigation?


A) Investigation objectives list
B) Investigation plan
C) Investigation checklist
D) Investigation form book

E) B) and D)
F) B) and C)

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Describe some techniques used by a legal investigator in questioning witnesses.

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As a legal investigator, your goal is to...

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The act of listening attentively to the speaker's verbal or nonverbal messages and responding to those messages by giving appropriate feedback is called listening.


A) supportive
B) active
C) retentive
D) All of these choices are correct.

E) All of the above
F) None of the above

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Documents presented by clients during interviews


A) cannot be used as evidence in court.
B) should be noted in the evidence log or other record that will indicate what was or was not received from clients.
C) should be put in the client's file for later review.
D) should not be retained in the attorney's office.

E) B) and D)
F) B) and C)

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During an interview, you should


A) adhere strictly to prewritten questions.
B) not allow the interviewee to make conjectures.
C) set aside what you have read about the case in the case file.
D) avoid eye contact with the interviewee.

E) B) and C)
F) None of the above

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A witness who testifies about an event that he or she has observed or has experienced firsthand is which of the following?


A) An eyewitness
B) An expert witness
C) A lay witness
D) An adverse witness

E) A) and D)
F) None of the above

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Which of the following types of witnesses may paralegals interview?


A) Expert witnesses
B) Lay witnesses
C) Eyewitnesses
D) All of these choices are correct.

E) B) and C)
F) C) and D)

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Before recording an interview, you need to get permission from


A) your supervising attorney only.
B) the interviewee only.
C) both your supervising attorney and the interviewee.
D) none of these choices-you do not need to get permission from anyone.

E) A) and D)
F) B) and C)

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


A) By witness testimony
B) By self-authentication of records
C) By the lawyer's argument
D) By witness testimony and by self-authentication of records only
E) None of these choices is correct.

F) A) and B)
G) All of the above

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Which of the following is an example of a hypothetical question?


A) "What did you see before entering the intersection?"
B) "Were you late for work that morning?"
C) "If a full-sized van is going 60 miles per hour, how far before an intersection must the driver apply the brakes in order to stop the vehicle?"
D) "You saw that the light had turned red before you entered the intersection, didn't you?"

E) A) and B)
F) A) and C)

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A hypothetical question is one that


A) is phrased in such a way that it elicits a simple "yes" or "no" answer.
B) may elicit a lengthy response.
C) is phrased in such a way that it suggests the desired answer.
D) asks the interviewee to assume certain facts in forming an answer.

E) C) and D)
F) A) and B)

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When interviewing, it is important to


A) not make eye contact with the interviewee.
B) avoid casual conversation at all times.
C) use legal terms whenever possible.
D) use language that the interviewee understands.

E) B) and C)
F) A) and B)

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When conducting an interview, the interviewer should


A) remain flexible.
B) adhere strictly to preprinted forms.
C) not make eye contact with the interviewee.
D) use lots of complicated legal terms.

E) A) and B)
F) A) and C)

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Which of the following is not something you might do with a professional licensed investigator?


A) Arrange for the inspector to take photos of an accident scene
B) Determine the credibility of a witness
C) Review discovery documents
D) Offer legal advice to a client

E) B) and C)
F) All of the above

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