-Ask the attorney to correct the situation.
-If the situation is not corrected, note these conditions into the record, and repeat noting them as long as the conditions persist.
-After you have noted the problem into the record, you can refuse to continue with the deposition.
-Generally, you should consult with an attorney before taking this step.
-If you think the behavior was serious enough that you can justify refusing to continue, consider reporting the attorney to his/her state bar association.
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Terms in this set (18)
Which of the following describes fact testimony?
a. Scientific or technical testimony describing information recovered during an examination?
b. Testimony by law enforcement officers
c. Testimony based on observations by lay witnesses
d. None of the above
c.
Which of the following describes expert witness testimony?
a. Testimony designed to assist the jury in determining matters beyond the ordinary person's scope of knowledge
b. Testimony that defines issues of the case for the determination by the jury
c. Testimony resulting in the expression of an opinion by a witness with scientific, technical, or other professional knowledge or experience
d. Testimony designed to raise doubt about facts or witnesses'
credibility
a. Testimony designed to assist the jury in determining matters beyond the ordinary person's scope of knowledge
c. Testimony resulting in the expression of an opinion by a witness with scientific, technical, or other professional knowledge or experience
When using graphics while testifying, which of the following guidelines applies?
a. Make sure the jury can see your graphics
b. Practice
using charts for courtroom testimony
c. Your exhibits must be clear and easy to understand
d. Make sure you have plenty of extra graphics, in case you have to explain more complex or supporting issues.
a. Make sure the jury can see your graphics
b. Practice using charts for courtroom testimony
c. Your exhibits must be clear and easy to understand
What kind of information do fact witnesses provide during testimony?
a. Their professional opinion on the significance of the evidence
b. Definitions of issues to be determined by the finder of the fact
c. Facts only
d. Observations of the results of tests they performed
c. Facts only
d. Observations of the results of tests they performed
What expressions are acceptable to use in testimony to respond to a question for which you have no answer?
a. No comment
b. That's beyond the scope of my expertise
c. I don't want to answer that question
d. I wasn't asked to investigate that
e. That's beyond the scope of my investigation
b. That's beyond the scope of my expertise
d. I wasn't asked to investigate that
e. That's beyond the scope of my investigation
What should you do if you realize you made a mistake or misstatement during a deposition?
a. If the deposition is still in session, refer back to the error and correct it.
b. Decide whether the error is minor, and if so, ignore it
c. If the deposition is over, make the correction on the corrections page of the copy provided for your signature.
d. Call the opposing attorney and inform him of your mistake or misstatement.
e. Request an opportunity to make the correction at trial.
a. If the deposition is still in
session, refer back to the error and correct it.
c. If the deposition is over, make the correction on the corrections page of the copy provided for your signature
List two types of depositions.
-Testimony preservation
-Discovery
At trial as a fact or expert witness, what must you always remember about your testimony?
a. You're responsible for the outcome of
the case
b. Your duty is to report your technical or scientific findings or render an honest opinion.
c. Avoid mentioning how much you were paid for your services.
d. All of the above
b. Your duty is to report your technical or scientific findings or render an honest opinion
Before testifying, you should do which of the follow?
a. Create an examination plan with your retaining attorney
b. Make
sure you've been paid for your services and the estimated fee for the deposition or trial
c. Get a haircut
d. Type all the draft notes you took during your investigation
a. Create an examination plan with your retaining attorney
b. Make sure you've been paid for your services and the estimated fee for the deposition or trial
Voir dire is the process of qualifying a witness as an expert.
True or False?
True
What is a motion in limine?
a. A motion to dismiss the case
b. The movement of molecules in a random fashion
c. A pretrial motion for the purpose of excluding certain evidence
d. A pretrial motion to revise the case schedule
c. A pretrial motion for the purpose of excluding certain evidence
During your cross-examination, you should do which of the following?
a. Maintain eye contact with the jury
b. Pay close attention to what your attorney is objecting to
c. Help the attorneys, judge, and jury in understanding the case, even if you have to go a bit beyond the scope of your expertise
d. Answer opposing counsel's questions as briefly as is practical
a. Maintain eye contact with the jury
b. Pay close attention to what your attorney is
objecting to
d. Answer opposing counsel's questions as briefly as is practical
Your curriculum vitae is which of the following?
a. A necessary tool to be an expert witness
b. A generally required document to be made available before your testimony
c. A detailed record of your experience, education, and training
d. Focused on your skills as they apply to the current case
a. A necessary tool to
be an expert witness
b. A generally required document to be made available before your testimony
c. A detailed record of your experience, education, and training
The most reliable way to ensure that jurors recall testimony is to do which of the follow?
a. Present evidence using oral testimony supported by hand gestures and facial expressions
b. Present evidence combining oral testimony and graphics the support the testimony
c. Wear
bright clothing to attract jurors' attention
d. Emphasize your points with humorous anecdotes
e. Memorize your testimony carefully
b. Present evidence combining oral testimony and graphics the support the testimony
If you're giving an answer that you think your attorney should follow up on, what should you do?
a. Change the tone of your voice
b. Argue with the attorney who asked the question
c.
Use an agreed-on expression to alert the attorney to follow up on the question
d. Try to include as much information in your answer as you can
c. Use an agreed-on expression to alert the attorney to follow up on the question
In answering a question about the size of a hard drive, which of the follow responses is appropriate?
a. It's a very large hard drive
b. The technical data sheet indicates it's a
3 terabyte hard drive
c. It's a 3 terabyte hard drive configured with 2.78 terabytes of accessible storage
d. I was unable to determine the drive size because it was badly damage
b. The technical data sheet indicates it's a 3 terabyte hard drive
c. It's a 3 terabyte hard drive configured with 2.78 terabytes of accessible storage
d. I was unable to determine the drive size because it was badly damage
List three items you should include in your CV.
-Instances of previous expert testimony,-education and training received,-work experience,-training you provided or contributed to,-and professional awards or recognitions received.
When working for a prosecutor, what should you do if the evidence you found appears to be exculpatory and isn't being released to the defense?
a. Keep the information in file for later
review
b. Bring the information to the attention of the prosecutor, then his or her supervisor, and finally to the judge
c. Destroy the evidence
d. Give the evidence to the defense attorney
b. Bring the information to the attention of the prosecutor, then his or her supervisor, and finally to the judge
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