Legal Research & Investigation Techniques Flashcards

Which element is central to the cognitive interview technique used with cooperative witnesses?

Answer: Mentally reinstating the context of the event

The cognitive interview improves recall by having the witness mentally reconstruct the environment and emotions surrounding the event.

What type of question is generally best for opening the substantive part of a witness interview?

Answer: Open-ended

Open-ended questions let the witness give a free narrative without influence from the interviewer.

Why should investigators avoid leading questions when first eliciting a witness's account?

Answer: They can suggest answers and contaminate the witness's memory

Leading questions can implant suggested details, reducing the reliability of the witness's account.

An attorney's investigator wants to interview the opposing party, who is represented by counsel in the matter. What is the proper approach?

Answer: Obtain consent from the party's lawyer first

Under ABA Model Rules 4.2 and 5.3, a lawyer may not contact a represented party through an agent without opposing counsel's consent.

Which practice best strengthens a written witness statement?

Answer: Having the witness read it, initial corrections, and sign each page

Witness review, initialed corrections, and signatures on each page show the statement is accurate and adopted by the witness.

Notes and reports prepared by an investigator at an attorney's direction in anticipation of litigation are generally protected as:

Answer: Work product

FRCP 26(b)(3) protects materials prepared in anticipation of litigation by a party or its representative, including investigators.

What is the most accurate statement about nonverbal cues during an interview?

Answer: No single nonverbal cue reliably indicates deception

Research shows individual behaviors are poor deception indicators; changes from baseline should only prompt further questioning.