Assignment
Textbook: Goldman, Thomas F.; Hughes, Alice Hart. Civil Litigation. Pearson Education. Kindle Edition.
Chapter 6
1. What is the difference between evidence and admissible evidence? Explain and give examples of each.
2. What is considered a fact for the purposes of evidence at a trial? Give an example.
3. Why is knowledge of the elements of a claim important in determining the evidence necessary for presentation and trial?
4. Prior to the enactment of the Federal Rules of Evidence, how were evidentiary principles determined?
5. What are the three Rs of admissible evidence?
6. How do the Federal Rules of Evidence define relevant evidence?
7. What makes a witness's testimony reliable?
8. What is physical evidence?
9. What is meant by the term probative value of evidence?
10. Why is some evidence not admissible?
11. Why is evidence of subsequent repairs not admissible in a negligence action?
12. Why might payment of an injured person's medical bills not be admissible in a case?
13. What is the danger in allowing a jury to know that there is insurance coverage available for the defendant?
14. Why are witnesses asked to take an oath or make an affirmation before testifying?
15. What is the difference between a lay witness and an expert witness?
16. When should an expert witness be used?
17. When may a lay witness or a fact witness give an opinion?
18. When is prerecorded testimony desirable in civil litigation?
19. How can out-of-court statements be used by the litigation team?
20. What is the purpose of attacking the credibility of a witness?
21. Give examples of documentary evidence. Explain any authentication required for admission as evidence.
22. What are the circumstances under which evidence of character is admissible?
23. What is the purpose of the best evidence rule?
24. Under what circumstances may copies of original documents be entered into evidence?
25. Explain and give examples of self- authenticating documents.
26. What are the evidentiary issues in spoliation of physical evidence?
27. Why is knowledge of the chain of custody important with regard to the use of physical evidence in trial?
28. What is the hearsay rule?
29. Why are some exceptions to the hearsay rule allowed? Explain and give examples.
30. What is the effect of not objecting to the introduction of evidence at the time it is offered?
Chapter 7
1. What is a screening interview? How is it different from any other interview?
2. Describe how to prepare for an interview.
3. Why are the physical surroundings and appearance of the interviewer important?
4. Explain the impact our multicultural society has on the interview process.
5. Why is paying attention to nonverbal cues as important as listening to the words spoken?
6. Define leading and open-ended questions. When are they best used?
7. Explain the difference between moral and ethical obligations of the paralegal.
8. What communications are privileged?
9. How are experts used by the legal team? Are all communications with an expert protected by the doctrine of privilege or work product? Why or why not?
10. What is the purpose of investigating the client's claim?
11. Why should the legal team consider the defense perspective when conducting its investigation?
12. Define tangible evidence. What penalties might be imposed on a party that destroys tangible evidence?
13. How is the preparation of a timeline helpful in investigation of claims?
14. What is FOIA? How does FOIA help the legal team investigate a client's claims?
15. Describe how the use of the Internet and computer technology can assist in the investigation and organization of the client's claim.