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21 Cards in this Set
- Front
- Back
Open-Ended Questions
Used mostly with friendly witnesses and clients. |
A broad exploratory question. Describe your morning. What did you do that morning?
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Closed-Ended Questions
Used to clarify a witnesses statement or keep on track. Used with reluctant or adverse witnesses. |
Question which elicits a "yes" or "no" response. Were you late for work that morning.
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Leading Questions
Used with adverse witnesses in interviews. Used often with |
A question that suggests the desired answer. Isn't it true you always drive that way?
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Hypothetical Questions
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A question that asks the interviewee to assume a certain set of facts in forming an answer. If a 200 pound man consumed fourteen beers in 6 hours, how long does it take him to become sober?
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Passive Listening
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The act of listening attentively to the speakers's message and responing to the speaker by providing verbal or nonverbal cues. "I'm listening, please go on."
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Active Listening
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The act of listening to speaker's message and responding w/feedback and restating speaker's words to confirm what you heard is accurate.
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Expert Witness
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A witness w/professional experience or training that qualifies him or her to testify on a subject.
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Lay Witness
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An ordinary witness. Can truthfully testify on a fact w/out specialized training or knowledge on a subject.
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Eyewitness
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A witness who testifies about an event that he or she observed or has expercienced firsthand.
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Friendly Witness
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A witness who is biased against your client's adversary or sympathetic toward your client in a lawsuit or other legal proceeding.
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Hostile Witness
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A witness who is biased against your client or friendly toward your client's adversary in a lawsuit or other legal proceeding; an adverse witness.
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Witness Statement
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The written record of the statements made by a witness during an interview, signed by the witness.
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Investigation Plan
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A plan that lists each step involved in obtaining and verifying facts and information relevant to the legal problem being investigated.
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Evidence
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Anything that can be used to prove the existence or nonexistence of a fact.
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Rules of Evidence
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Rules that govern the admissibility of evidence in trial courts.
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Direct Evidence
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Evidence establishing the existence of a fact in question without relying on inferences.
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Circumstantial Evidence
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Indirect evidence offered to establish, by inference, the likelihood of a fact that is in question.
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Relevant Evidence
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Evidence tending to prove or disprove the fact in question. Only relevant evidence is admissible in court.
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Authentication
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The process of establishing the genuineness of an item that is to be introduced as evidence in a trial.
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Hearsay
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Testimony that is given in court by witness who relates not what he or she knows personally but what another person said. Hearsay is generally not admissible as evidence.
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Name 3 Exceptions to Hearsay
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1. Present Sense Impression-A statement made at the time of happening, "I smell smoke."
2. Excited Utterance-Statement caused by startling event or condition "The brakes aren't working!" 3. State of Mind-A statement of the declarer's then existing state, "My leg is bleeding and hurts terribly." |