Civil Exam #1

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Author:
missancy
ID:
90807
Filename:
Civil Exam #1
Updated:
2011-06-15 21:14:16
Tags:
Civil Litigation
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Description:
Civil Litigation 4,11,13,14,15
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  1. What are the three reasons for Depositions?
    • Determine the demeanor of the witness
    • Value of the case
    • Strength and Weakness of the case
  2. What are soft skills?
    • Soft Skills are being able to get the answers you need without being combatant/aggressive.
    • (Chat, warm-up, put a person at ease)
  3. When does Attorney/Client privilege begin?
    At the first meeting and even if they do not become a client, it still exists.
  4. What a is a fact witness?
    A layperson who can only testify about what they saw or heard.
  5. What is an expert witness?
    • Expert witness is someone who can testify only on their knowledge and the facts of the case.
    • ex. Bugs in car, those bugs only live off of decomposing flesh so a dead body had to be in the car.
  6. 5 Things a Paralegal can't do
    • Establish Attorney/Client Relationship
    • Representation
    • Set Fees
    • Settlement Negotiations
    • Give legal advice
  7. What does impeachment mean?
    It means to discredit a witness through a cross-examination.
  8. What is the importance of investigating the accident?
    Gives you a better understanding of the accident and how it occured. Helps you realize what questions are actually relevant.
  9. When would you not subpoena a party member?
    You would not subpoena them for Deposition. If they don't show up, then they're in default.
  10. Is Fishing questions allowed in a deposition?
    Yes! Any question can be asked as along as it reasonably leads to the discovery of evidence.
  11. Litigation Process begins with?
    • Complaint
    • Summons
    • Appearance
    • Filling Fee
  12. What are evidentiary depositions?
    Used on expert witness; video taped testimony.
  13. Client interview misc
    • Ask open ended questions!
    • Let them be able to tell their story
    • Can they tell it in a way that makes sense?
  14. Privileged Communication?
    • Attorney/Client
    • Doctor/Patient
    • Priest/Pentient
    • Spousal
    • Work Product

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