Chapter 8: Investigation in a Law Office
Review Questions
8.1. Define legal investigation.
8.2. Give an example of what a forensic accountant might investigate.
8.3. What is due diligence?
8.4. How should the investigator view the information in the intake memo that was obtained from the client?
8.5. What is a fact?
8.6. What two ultimate questions should guide the investigator’s inquiry into every fact being investigated?
8.7. You ______a witness when you attack his or her credibility.
8.8. List four pretrial discovery devices.
8.9. Interrogatories are usually answered in person while deposition questions are usually answered through the mail. True or False? Explain.
8.10. What is substantive law?
8.11. Give two reasons why an investigator should study any available discovery documents (e.g., interrogatory answers).
8.12. An investigator should not waste time pursuing facts that cannot be clearly proven at the trial. True or False? Explain.
8.13. What is the distinction between evidence and proof?
8.14. Explain why there can be more than one version of the facts.
8.15. What is a leading question?
8.16. Define:
(a) parol evidence
(b) tangible evidence
8.17. Evidence without physical form is ______evidence.
8.18. What is the name of the statute that you might be able to use when you are having difficulty gaining access to government records?
8.19. List four factors that will help you assess the value of the testimony of a witness claiming to have seen an event you are investigating.
8.20. Name the five kinds of witnesses an investigator might encounter.
8.21. What is a disinterested witness?
8.22. Investigators must be wary of disinterested witnesses who have a bias. True or False? Explain.
8.23. A witness who is ______is compelled to appear.
8.24. A judgment creditor must pay the judgment. True or False? Explain.
8.25. Name five kinds of records to check to determine whether a judgment debtor has assets from which a judgment can be satisfied.
8.26. Name a database on Westlaw and a library on LexisNexis that can be used to help locate assets.
8.27. What is due diligence?
8.28. What is the function of a cross-reference directory, also called a reverse or criss-cross directory?
8.29. How can you use the services of the post office to help you locate a missing person?
8.30. What is skiptracing?
8.31. In what state did a person receive his or her Social Security card if the first three digits of the Social Security number are:
(a) 100
(b) 025
(c) 450
8.32. List four steps that should be taken when investigating an automobile accident.
8.33. Explain the relationship between evidence and admissibility.
8.34. List four ways that a version of a fact can be established.
8.35. A jury will be allowed to disbelieve a fact that has been established as true by an irrebuttable presumption. True or False? Explain.
8.36. Distinguish between (a) direct evidence and (b) circumstantial evidence.
8.37. Fred says, “Bob blushed when asked if he knew that Bill’s money was stolen.”
(a) What is the direct evidence from this statement?
(b) What circumstantial evidence comes from the above statement?
8.38. All relevant evidence is conclusive evidence and all conclusive evidence is relevant evidence. True or False? Explain.
8.39. All relevant evidence is admissible evidence and all admissible evidence is relevant evidence. True or False? Explain.
8.40. By definition, if evidence is both relevant and admissible, it must be accepted as true by the jury. True or False? Explain.
8.41. Distinguish between (a) a competent witness and (b) a credible witness.
8.42. List the three preconditions of a witness being declared competent to give testimony in court.
8.43. An avowed atheist can never be competent to give testimony in court. True or False? Explain.
8.44. Witnesses can never state opinions. True or False? Explain.
8.45. State the four conditions for the presence of hearsay.
8.46. Which of the following exceptions to the hearsay rule (i–iv) will most likely apply to the evidence listed in (a) to (d):
(i) Declaration against self-interest
(ii) Dying declaration
(iii) Business record
(iv) Admission by a party-opponent
(a) an invoice statement
(b) statement by a man just before he was killed
(c) an inconsistent statement by a party
(d) statement by Ted (a nonparty) that is damaging to Ted
8.47. If any of the exceptions to the hearsay apply, the statement is not hearsay. True or False? Explain.
8.48. Assume that a client has made a prior statement to the individual listed below. What is the name of the privilege that might prevent this statement from being admitted into evidence?
(a) Client’s spouse
(b) Mary Smith, Esq.
(c) Rabbi Jones
(d) James Phillips, MD
8.49. Helen is charged with burglary. The police ask her if she did it. On what basis can she refuse to answer?
8.50. What is the best evidence rule?
8.51. What is authentication evidence?
8.52. Who is a testator?
8.53. Explain the parol evidence rule.
8.54. What is an evidence log?
8.55. Name three kinds of witnesses from whom you should take a witness statement.
8.56. Why should a “witness” statement be taken from someone who says he or she does not know anything?
8.57. List three items that go at the beginning of a witness statement.
8.58. Where should a witness sign or initial a witness statement?
8.59. Others who have watched the witness sign the statement should sign a(n) ______clause stating that they have done so.
8.60. Assume that there are seven pages to a witness statement. How should each page be numbered?
8.61. When should a paralegal correct spelling errors made by a witness in a witness statement that is handwritten by the witness?
8.62. What is a settlement work-up?
8.63. What are the obligations of an ethical investigator?