Exam 9: Conducting an Investigation

DEFINE -negative statement

What action should a paralegal take where the custodian of some item of physical evidence is not a party to the suit?

What use are photographs during the investigation?

Does the investigator have to include all of the bad things in the witness's statement?

It is not necessary to have a witness sign a transcription of a stenographic statement since witnesses are always under oath to tell the truth.

Why is it important to obtain background information about an independent witness?

How may records or information therein be obtained if those records are in the custody of a non-party? What if the custodian is reluctant to release the records or is difficult to deal with?

A photograph taken of physical damage to a car that was in an accident cannot be used as evidence if the photograph was taken long after the accident.

Under what circumstances is it preferable to obtain a memorandum of interview rather than a witness statement?

May an investigator destroy photographs of an accident scene because the investigator feels the photographs are not helpful to his or her client's case?

DEFINE -accident scene

DEFINE -impeach

What advantages does a hand-written, signed statement have over a tape- recorded statement?