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9 Cards in this Set
- Front
- Back
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What is questioning |
Questioning is a pre- trial cross-examination under oath of the parties by the opposite lawyers, in the presence of a court reporter. |
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Pre-trial: |
Questioning happens long before the lawsuit reaches trial. Many lawsuits will settle after this proceeding and never reach trial. |
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Cross-examination: |
A cross-examination refers to one party being questioned by the lawyer for the other party (or by the other party himself or herself personally, if not represented by a lawyer |
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Under oath: This means that _____. If a party lies under oath, whether in Questioning or in a trial, her or she has committed _____. |
the party being examined has sworn on the Bible or has solemnly affirmed that he or she will tell the truth in the proceeding the offence of perjury. Perjury is punishable under Canada’s criminal laws. |
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Only _____ participate in Questioning. If one of the parties is a corporation, then ______ may also be present and will be _____. Witnesses are ______. |
the parties to the lawsuit—usually the Plaintiff, Defendant, and third parties— a representative of the corporation and/or an employee of that corporation examined on behalf of the corporation not present and cannot be questioned at this proceeding
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A court reporter will _____ during the proceeding. The court reporter records this information in shorthand and will then prepare ______. There are many court reporting agencies, and law firms and lawyers often have favourite agencies that they like to hire. |
record verbatim (i.e., word-for-word) every question asked and every answer given a transcript, or written record, of the questions and answers |
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Once Questioning is over, the legal assistant will order _____. The fee for the transcript is usually based on ____. This is a _____ that will be charged back to the client. |
a copy of the transcripts for his or her lawyer a per page charge for each page of the transcript disbursement paid by the law firm |
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The scope of questions permitted at Questioning is very broad. In fact, a wider scope of questions is allowed in Questioning than at trial. The basic rule governing permissible questions is that ______. |
anything that is relevant can be asked and must be answered, even if the answers hurt the party’s case. |
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However, there are some restrictions on what can be asked. In particular, questions cannot be asked that: 5 |
Are privileged Are irrelevant Are questions of law not of fact Are oppressive or abusive Ask the party to make a written response or to draw a diagram in response, as Questioning is a verbal question-and-answer session. |
