Question 1

What is the value of giving a witness an overview of the case as part of the witness's preparation for his or her deposition?

Accepted Answer

An overview assists the witness to understand why the lawyer asks certain questions, and helps the witness to understand each question. The better a witness understands the questions, the better the witness can respond to the questions. An overview provides a witness with an appreciation of how his or her testimony fits into the case and how it corresponds with what other witnesses say or claim. An overview gives the witness a frame of reference to use, which helps the witness keep his or her answers consistent.

Question 2

In an adversary system, lawyers and paralegals have no duty to the courts to prevent clients from testifying falsely.

Accepted Answer

A) True 
 B)False  True

Question 3

The court may inquire as to the substance of discussions between a paralegal and client.

Accepted Answer

A) True 
 B)False  False

Question 4

In communications between a paralegal and client, the fact that a subject was discussed does not make that subject privileged-as distinguished from the discussion itself.

Accepted Answer

A) True 
 B)False

Question 5

What legal privileges regarding confidential communications might be invoked in a deposition and properly preclude an answer from the deponent?

Accepted Answer

Legal privileges that may apply include

Question 6

What guideline that is fundamental to discovery deposition testimony should not be employed when testifying in court?

Accepted Answer

A deponent should keep his or her answer

Question 7

The legal team should build the client's case around facts that are:

Accepted Answer

A)  in dispute. 
B)  not in dispute. 
C)  unknown. 
D)  obtained in oral depositions. 
A)  in dispute. 
B)  not in dispute. 
C)  unknown. 
D)  obtained in oral depositions.

Question 8

Regarding the length and comprehensiveness of a deponent's answers, the general rule is that they should be:

Accepted Answer

A)  short in a deposition; short at trial. 
B)  short in a deposition; long at trial. 
C)  long in a deposition; short at trial. 
D)  long in a deposition; long at trial. 
A)  short in a deposition; short at trial. 
B)  short in a deposition; long at trial. 
C)  long in a deposition; short at trial. 
D)  long in a deposition; long at trial.

Question 9

A deponent client should be encouraged to speculate about an answer if he or she does not know the answer.

Accepted Answer

A) True 
 B)False

Question 10

The court prohibits a party from impeaching a witness by using the witness's original statements in a deposition which are later corrected in the manner authorized by Rule 30(e).

Accepted Answer

A) True 
 B)False

Question 11

Why should a deponent client be instructed to pause before answering each question?

Accepted Answer

The pause gives the deponent's lawyer an

Question 12

Why may a lawyer allow his or her client to answer an improper question subject to an objection?

Accepted Answer

Sometimes improper questions are so inno

Question 13

Why is it a good idea for a paralegal to ask a deponent some questions in a mock-deposition that would be objectionable in an actual deposition?

Accepted Answer

In preparing for a deposition by conduct

Question 14

What is probably the best kind of client preparation for a deposition?

Accepted Answer

The very best preparation for a depositi

Question 15

Why should a deponent client be instructed to be careful of questions that contain the words "duty" or "responsibility?"

Accepted Answer

Care should be taken because t

Question 16

What advice can be given to witnesses to help them make sure they under- stand the questions and answer appropriately?

Accepted Answer

Witnesses should be told that the burden

Question 17

Jurors are instructed that if they conclude that a witness has testified falsely:

Accepted Answer

A)  they may disregard the witness's testimony that was false. 
B)  they may disregard everything the witness said. 
C)  they must conclude that what the other party said about the same matter is true. 
D)  they must conclude that everything else the other party said is true. 
A)  they may disregard the witness's testimony that was false. 
B)  they may disregard everything the witness said. 
C)  they must conclude that what the other party said about the same matter is true. 
D)  they must conclude that everything else the other party said is true.

Question 18

What may a deponent's lawyer not do if he or she believes that the deponent has answered something incorrectly or in such a way that the answer might be damaging to the client's case?

Accepted Answer

A)  Ask leading questions on direct examination to clarify the matter. 
B)  Personally explain and correct the mistake on the record before the depo- sition is concluded. 
C)  Make a point to review the possible mistake with the client when the tran- script is submitted for the deponent's review and have the client correct the mistake before signing the transcript. 
D)  Do nothing about the apparent mistake and deal with it at the time of trial with an appropriate explanation. 
A)  Ask leading questions on direct examination to clarify the matter. 
B)  Personally explain and correct the mistake on the record before the depo- sition is concluded. 
C)  Make a point to review the possible mistake with the client when the tran- script is submitted for the deponent's review and have the client correct the mistake before signing the transcript. 
D)  Do nothing about the apparent mistake and deal with it at the time of trial with an appropriate explanation.

Question 19

What course of action is available to a deponent if, at trial, the opposition informs the jury about the deponent's original answer in a deposition which was duly corrected in the correction page as authorized by the Rules?

Accepted Answer

As a general rule, the deponent has the

Question 20

To enhance the deponent client's credibility, he or she should be encouraged to respond positively to suggested answers offered by the interrogator if the suggested answers are possible or within the realm of consideration.

Accepted Answer

A) True 
 B)False

Exam 13: Preparing Client for Deposition

What is the value of giving a witness an overview of the case as part of the witness's preparation for his or her deposition?

In an adversary system, lawyers and paralegals have no duty to the courts to prevent clients from testifying falsely.

The court may inquire as to the substance of discussions between a paralegal and client.

In communications between a paralegal and client, the fact that a subject was discussed does not make that subject privileged-as distinguished from the discussion itself.

What legal privileges regarding confidential communications might be invoked in a deposition and properly preclude an answer from the deponent?

What guideline that is fundamental to discovery deposition testimony should not be employed when testifying in court?

The legal team should build the client's case around facts that are:

Regarding the length and comprehensiveness of a deponent's answers, the general rule is that they should be:

A deponent client should be encouraged to speculate about an answer if he or she does not know the answer.

The court prohibits a party from impeaching a witness by using the witness's original statements in a deposition which are later corrected in the manner authorized by Rule 30(e).

Why should a deponent client be instructed to pause before answering each question?

Why may a lawyer allow his or her client to answer an improper question subject to an objection?

Why is it a good idea for a paralegal to ask a deponent some questions in a mock-deposition that would be objectionable in an actual deposition?

What is probably the best kind of client preparation for a deposition?

Why should a deponent client be instructed to be careful of questions that contain the words "duty" or "responsibility?"

What advice can be given to witnesses to help them make sure they under- stand the questions and answer appropriately?

Jurors are instructed that if they conclude that a witness has testified falsely:

What may a deponent's lawyer not do if he or she believes that the deponent has answered something incorrectly or in such a way that the answer might be damaging to the client's case?

What course of action is available to a deponent if, at trial, the opposition informs the jury about the deponent's original answer in a deposition which was duly corrected in the correction page as authorized by the Rules?

To enhance the deponent client's credibility, he or she should be encouraged to respond positively to suggested answers offered by the interrogator if the suggested answers are possible or within the realm of consideration.

Litigation Principles

Lawyer and Client Relationship and Ethics

Court Organization

Causes of Action and Remedies

Affirmative Defenses

Introduction to Federal Procedure

Gathering Evidence

Evidence

Conducting an Investigation

Expert Witnesses

Interrogatories

Oral Depositions

Medical Examinations and Records

Inspection of Property, Documents, and Things

Requests for Admissions

Motions

Preparation for Trial

Structure of a Civil Trial

Judgments

Appeals

Settlements, Releases, and Dismissals

Arbitration and Mediation Glossary

Filters