Civil Exam #1
Card Set Information
Civil Exam #1
Civil Litigation 4,11,13,14,15
What are the three reasons for Depositions?
Determine the demeanor of the witness
Value of the case
Strength and Weakness of the case
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)
When does Attorney/Client privilege begin?
At the first meeting and even if they do not become a client, it still exists.
What a is a fact witness?
A layperson who can only testify about what they saw or heard.
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.
5 Things a Paralegal can't do
Establish Attorney/Client Relationship
Give legal advice
What does impeachment mean?
It means to discredit a witness through a cross-examination.
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.
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.
Is Fishing questions allowed in a deposition?
Yes! Any question can be asked as along as it reasonably leads to the discovery of evidence.
Litigation Process begins with?
What are evidentiary depositions?
Used on expert witness; video taped testimony.
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?