Court Reporter's and CART Services Handbook

Transcription

1 Court Reporter's and CART Services Handbook A Guide for All Court and Realtime Reporters, Captioners, and CART Providers Fourth Edition Instructor's Manual

2 Robert W. McCormick Contents Introduction vii Section A General Information for Anyone Interested in Court and Realtime Reporting 1 Chapter 1 Considering Reporting as a Career 2 Question for Discussion 2 Chapter Quiz 5 Chapter 2 A Self-test to Determine your Interest in Reporting 7 Questions for Discussion 7 Chapter Quiz 9 Chapter 3 The Reporting Profession Defined 10 Questions for Discussion 10 Chapter Quiz 16 Evaluation 1 17 Section B Official Court Reporting 20 Chapter 4 The Working Environment of the Official Court Reporter? 21 Questions for Discussion 21 Chapter Quiz 24 Chapter 5Terminology of the Official Court Reporter? 26 Questions for Discussion 26 Chapter Quiz 30 Chapter 6 Reporting a Typical Criminal Jury Trial 32 Questions for Discussion 32 Chapter Quiz 34 Chapter 7 Reporting a Typical Civil Jury Trial 36 Questions for Discussion 36 Chapter Quiz 37 Chapter 8 Things to Consider Before a Trial Begins 39 Questions for Discussion 39 Chapter Quiz 41 Evaluation 2 42 Chapter 9 How to Administer Oath, Witness Setup, Speaker and Examination Identification 46 Questions for Discussion 46 Chapter Quiz 49 2

3 Chapter 10 How to Report Parentheticals x Questions for Discussion 50 Chapter Quiz 52 Chapter 11 How to Report Motions 54 Questions for Discussion 54 Chapter Quiz 55 Chapter 12 How to Report Objections 57 Questions for Discussion 57 Chapter Quiz 59 Chapter 13 How to Mark Exhibits 61 Questions for Discussion 61 Chapter Quiz 63 Chapter 14 How to Read Back and Testify 63 Questions for Discussion 63 Chapter Quiz 66 Chapter 15How to Produce the Transcript 68 Questions for Discussion 68 Chapter Quiz 69 Chapter 16 How to Invoice and Deliver the Transcript 71 Questions for Discussion 71 Chapter Quiz 72 Chapter 17 How the Trial Transcript Looks 74 Questions for Discussion 74 Chapter Quiz 75 Evaluation 3 76 Section C Freelance Reporting 81 Chapter 18 The Working Environment of the Freelance Reporter 82 Questions for Discussion 82 Chapter Quiz 85 Chapter 19 Terminology of the Freelance Reporter 87 Questions for Discussion 87 Chapter Quiz 89 Chapter 20 Reporting a Typical Deposition General Information 91 Questions for Discussion 91 Chapter Quiz 92 Chapter 21 Deposition Reporting Things to Consider 94 Questions for Discussion 94 Chapter Quiz 95 Chapter 22 The Deposition Transcript Transcribing, Invoicing, Delivery 97 Questions for Discussion 97 Chapter Quiz 98 Chapter 23 How the Deposition Transcript Looks 100 iv

4 Questions for Discussion 100 Chapter Quiz 101 Evaluation Part D Captioning Reporting and CART 105 Chapter 24 The Working Environment of the Captioner x106 Questions for Discussion 106 Chapter Quiz 107 Chapter 25Terminology and Legislation 109 Questions for Discussion 109 Chapter Quiz 110 Chapter 26 A Day in the Life of a Captioner 112 Questions for Discussion 112 Chapter Quiz 113 Chapter 27 How a Captioned Job Looks 115 Questions for Discussion 115 Chapter Quiz 116 Evaluation Part E Helpful Information for the Reporting Profession 121 Chapter 28 Ethics of the Reporting Profession 122 Questions for Discussion 122 Chapter Quiz 123 Chapter 29 Professionalism, Associations, Testing, and Continuing Education 125 Questions for Discussion 125 Chapter Quiz 127 Chapter 30 Research for the Record, Internet Research, and Citations 129 Questions for Discussion 129 Chapter Quiz 130 Chapter 31 Finding Employment 132 Questions for Discussion 132 Chapter Quiz 134 Chapter 32 The Office Environment 136 Questions for Discussion 136 Chapter Quiz 139 Chapter 33 The United States Court Systems 141 Questions for Discussion 141 Chapter Quiz 142 Evaluation Part F The Technology of the Reporter 147 v

5 Chapter 34 Hardware and Software Considerations and Litigation Support 148 Questions for Discussion 148 Chapter Quiz 150 Chapter 35The Technology of Transcript Production 151 Questions for Discussion 151 Chapter Quiz 153 Chapter 36 Tomorrow s Technology-Computer Integrated Courtrooms and Beyond 155 Questions for Discussion 155 Chapter Quiz 156 Evaluation Answer Key for Chapter Quizzes 163 Answer Key for Evaluations 164 Evaluation Evaluation Evaluation Evaluation Evaluation Evaluation Evaluation vi

6 Introduction The fourth edition of the Court Reporter s and CART Services Handbook is intended to be used by the instructor along with the textbook and study guide. To properly use this manual, it is suggested that the following sequence of events be followed: 1. The student is assigned a chapter or chapters from the textbook to read and study. 2. The student uses the study guide to help study and understand the textbook material. 3. The instructor goes over each chapter, using the textbook and study guide as the main source of information, but also use the instructor's manual as a resource and guide, as well as class discussion 4. The instructor uses the chapter quizzes and unit evaluations found in this manual to test the student's knowledge and understanding. The information contained in each chapter of this manual is divided into the following parts: 1. Basic Questions for Discussion These questions can be used as points of discussion, thought provokers, test questions, or general information. Suggested answers appear after the question in (italicized print within parenthesis). They are not meant to be complete but serve as a guide. The instructor is encouraged to expound on the answers. 2. Chapter Quizzes. A short quiz is given at the end of each chapter. These quizzes can be used at the end of the chapter to test the students knowledge of the subject matter, or they can be accumulated and selective questions can be chosen at the end of a unit. 3. Unit Examinations. Seven unit exam is offered during the course of the textbook. They are cumulative, taking into account individual chapters that make up each section. The time frame used to cover each chapter is left to the discretion of the instructor. Some chapters lend themselves to a great deal of discussion while other chapters will be covered very quickly and briefly. Depending on the length of the class, more than one chapter may be covered in one particular class period. The instructor is encouraged to use creative means of presenting information, including videos, guest speakers, role playing and acting, and active participation by the students. Some chapters lend themselves very well to different imaginative resources that cover certain topics in the textbook. For example, guest speakers may be used during the discussion and presentation of chapters relating to official or freelance reporters. Field trips to courts and freelance agencies are also a viable means of reinforcing the subject matter contained in the textbook. Judges and lawyers also make very interesting guest speakers. vii

7 Section A General Information for Anyone Interested in Court & Realtime Reporting 1

8 Chapter 1 Considering Reporting as a Career Questions for Discussion After reading the chapter, have the students respond to the following questions: 1. Where did you hear about court and realtime reporting? (Have the students respond to this question, allowing them time to think about their answers and formulate meaningful responses. The students can be asked to respond verbally or in writing.) 2. What made you decide to take up the study of court and realtime reporting? (Although certainly a viable answer, students should be encouraged to give an answer other than "because reporters can make a lot of money.") 3. Why do you want to become a court reporter? (This should be a very personal response and should include answers other than "money" as the sole motivational factor. This affords the teacher an excellent opportunity to talk about the psychological rewards the court and realtime reporters receive when they complete a job, as well as the challenges and personal goals that are attainable by court and realtime reporters.) 4. Why are the following characteristics important in court reporting? (Students can respond from the explanatory paragraphs as presented in the chapters, but they should be encouraged to formulate their own ideas and concepts regarding the importance of the characteristics). a. Good Physical and Mental Condition (Necessary for stamina and endurance.) b. Knowledge of Punctuation and Grammar (Necessary for an accurate transcript.) c. Knowledge of World Events (Necessary for general knowledge relating to different topics which may come up during trials or depositions.) d. Attitude (Necessary for good outlook on work and life.) e. Motivation (Necessary to get things done.) f. Appearance (Necessary to give a good impression about one's self and one's work.) g. Confidentiality (Necessary in order to maintain a good client-worker or employeremployee relationship.) h. Respect (Necessary in order to have a good working relationship.) 5. Do you think it is necessary for a court reporter to have all eight characteristics? (By no means should students be under the impression that a good reporter has to have all eight characteristics or that he or she cannot make a good reporter if he or she does not 2

9 possess any one or more of the qualities. The characteristics are meant to serve as "desired qualities" that some reporters may or may not possess. Do you agree or disagree with the following statements? Why or why not? What is your own personal opinion? (The responses given by students should be a very personal response, whether or not they agree or disagree with the statements.) 1. The initial cost for the education to enter the field is relatively low when compared with other professions. (Some students may disagree with this statement, depending upon their own individual circumstances, etc.) 2. Reporting can be very exciting and fascinating work. (Most students will agree with this statement, although some may not.) 3. Reporting is one of the few professions where there is no discrimination. (Students should be aware of the fact that reporting used to be a male dominated profession. They should also be familiar with "reverse discrimination" where males may be discriminated against if they enter the profession of reporting.) 4. Court reporting is a not a routine job. (Some students may agree with this statement, depending upon their perception of the daily routine of the reporter.) 5. Not all reporting involves intriguing cases of murder and rape. (The students should be made aware of the fact that not all jobs will be "sensational" jobs, but may entail ordinary, common crimes or material.) 6. The schooling to become a court reporter can be very demanding. (Most students probably already know this and will agree wholeheartedly with this statement.) 7. Reporters can make a lot of money, but it is only the competent reporters who work hard for what they earn who fall into this category. (The students should be made aware of the fact that not all court reporters make a lot of money, but only the most competent, hardworking, and diligent reporters. In addition, the money one's earn in the profession is highly correlated to the amount of time, effort, and work that one does in order to earn the money.) Answer the following questions to the best of your ability (While the answers to these questions are given in the textbook, the students should respond in their own words. Certainly, the textbook can be used as a source of information, but students should be encouraged to formulate their own answers): 1. What exactly is court reporting? 2. Is there more than just writing and transcribing involved in court reporting? 3

10 3. Is a court reporter also known as a stenographer? 4. How does a court reporter take down what is being said? 5. How does a court reporter translate what is written on the paper tape or disk? 6. How are words written on the shorthand writer? 7. What does the steno keyboard look like? 8. What about the letters that are not on the keyboard? How do you write those? 9. How do you write numbers? 10. Is the shorthand system hard to learn? 11. What do the steno notes look like? 12. Does a court reporter only work in a courtroom setting? 13. What if I don't want to be a court reporter, are there other ways I can use my skills? 14. How long does it usually take to become a court reporter? 15. What about tape recorders? Are tape recorders going to replace court reporters? 16. What about video recorders? Aren't video/audio tape recorders used to take depositions? 17. Where can I learn more about becoming a court reporter? 4

11 Chapter 1 Quiz 1. Employers of court reporters rank the following characteristic as a top priority in hiring new reporters: a. physical characteristics b. religious affiliation c. punctuation and grammar d. personal lifestyle 2. As far as court reporting is concerned, what is the "bottom line"? a. respect b. mastering the skill c. punctuality d. confidentiality 3. A good court reporter needs to be addicted to some sort of drugs or alcohol in order to help them deal with the stress of the job. a. this statement is true b. this statement is false c. this statement is true for some reporters d. this statement is based upon written studies 4. What is manual dexterity? a. the ability to think clearly in any situation b. the ability to talk well c. the ability to use one's fingers and hands in coordination with one's mind d. the ability to perform well on written knowledge tests 5. What determines the choice of clothing that a reporter may wear in a given situation? a. the popular fad of the times b. custom and tradition of the situation c. fashion trends as depicted in fashion magazines d. there are no restrictions 6. Generally speaking, when it comes to the time and money spent in studying to become a doctor or lawyer, court reporters: a. spend less time but more money b. spend more time but less money c. spend more time and more money d. spend less time and less money 5

12 7. Which type of reporter makes the most money? a. the one who works fourteen hours a day b. the one who is competent and produces an accurate record in a reasonable time c. the one who produces the quickest transcript, regardless of accuracy d. the one who works the hardest 8. What is court reporting? a. the art and skill of verbatim recording for transcription b. taking down what is said in shorthand c. reporting legal proceedings d. producing an accurate transcript 9. Another name for a court reporter is: a. court recorder b. verbatim reporter c. stenographer d. all of the above 10. The initials NCRA stand for: a. National Court Reporter's Agency b. National Court Reporter's Association c. National Court Reporters Association d. National Certified Reporters Association 6

13 Chapter 2 Court Reporting: A Self-test to Determine Your Interest in Reporting Have the students take the first part of the quiz (positives and negatives) and then count up the total number of +'s and -'s and enter here: no. of + no. of - Discuss the students' scores using the following as a guidelines: If you had over 20 +'s very interested in court reporting 's somewhat interested in court reporting 's a little interest in court reporting 0 7 +'s very little interest in court reporting Have the students take the second part of the quiz (yes and no responses) and then count up the total number of yes's and no's and enter here no. of yes's no. of no's Discuss the students' scores using the following guidelines: yes responses should begin studying immediately should begin as soon as possible 6 10 should begin when you feel you're ready 0 5 might reconsider your career goals Have the students compute their "success score" by completing the following: For every positive and yes response, give yourself 2 points. For every negative and no response, give yourself 1 point. Subtract your negative/no score from your positive/yes score: number of positive/yes responses = x 2 = number of negative/no responses = x 1 = your success score = 7

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15 Now discuss the students' scores using the following guidelines: score your success probability score your success probability 91 + super successful somewhat successful exceedingly successful 31 45sort of successful 61 75very successful maybe successful Questions for Discussion Ask the students to respond to the following questions: 1. How valid do you think such a quiz is? (It should be emphasized that the self-quiz is not a scientific endeavor to determine one's success or failure, but that it is merely an exercise to make one more aware of what goes into making a court reporter.) 2. Do you think that a successful court reporter has to score 90 or above on such a quiz? (No. The success of a court reporter depends on a number of personal characteristics as outlined in the previous chapter.) 3. Do you think that a court reporter can become successful if he or she has a score below 50? (Yes. See note above.) 9

16 Chapter 2 Quiz 1. The field of court reporting will always have more positive than negative aspects to it for everyone entering the profession, regardless of their background or training. 2. One entering the study of reporting should not be concerned with anything other than shorthand. 3. Court reporting can be a challenging career and may require a great deal of dedication. 4. It is important for court reporters to keep up-to-date in terms of technology. 5. Most court reporters know everything there is to know about most subjects. 6. Court reporters can earn high incomes, but they have to work hard for it. 7. Often reporters have to take testimony that may be very emotional and sometimes very graphic in nature. 8. Court reporters never ask a witness or lawyer to speak up or to repeat something. 9. Although learning to become a court reporter may require a great deal of time, energy, and money, the effort will be worth it in the long run. 10. Reporters may have to work beyond their normal working hours to complete a job. 10

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18 Chapter 3 The Reporting Profession Defined Questions for Discussion After reading the chapter, have the students respond to the following questions: 1. Why do you think there are more female court reporters than there are male reporters? (This may be an individual response that may or may not be based on factual information. While difficult to reach any conclusions based upon the responses given by students, it should be interesting to note what reasons the students may find.) 2. What do you think the average age of a court reporter is? (While there is no current known statistical information available to give a definitive answer, it would be interesting to note the responses given by students. The average age is probably around years old, with the average age decreasing every year due to the number of retirements by older reporters and the increase in young people entering the profession.) 3. What is meant by the phrase "court reporters have an attitude?" (It means that court reporters have a definite sense of direction in their lives. It means that they really know what they want.) 4. What kind of an attitude do court reporters have? (Court reporters have an attitude of achievement and success.) 5. Why do court reporters have to persevere? (Simply because the study of court reporting may require motivation and drive that is only obtainable through the attribute of perseverance. In addition, once a reporter begins his or her career, it may be necessary to persevere at time.) 6. What does perseverance mean? (Perseverance is determination and persistence to stay with a job until it is finished. It is the ability to do a job, and do it well. It is the quality of taking pride in one's work and really caring about the final product.) 7. Look up the word perseverance in a dictionary or thesaurus and list three other words that mean the same. (persistence, tenacity, determination, steadfastness, endurance, stamina, forbearance, etc.) 8. Why do court reporters have to be confidential? (Sometimes the record is confidential, particularly in family court matters or grand jury investigations. In addition, it is only proper that a court reporter does not talk about matters that occur on the job.) 12

19 9. List three instances where confidentiality is necessary for court and realtime reporters. (Grand jury investigations, family court proceedings, depositions of influential people, when the court orders proceedings to be confidential, etc.) 10. Who should court reporters be respectful to? (Lawyers, judges, other court personnel, all parties to a litigation, etc.) 11. Why is it necessary to be respectful? (Lawyers and judges have earned the respect of those whom they serve. It is common courtesy to be respectful to professionals. In the same vein, reporters should expect to be dealt with respectfully.) 12. What does it mean to be respectful? (To consider one worthy of high regard, to consider one's behavior or profession with honor.) 13. What is tact? (A keen sense to know what to say and do in any given circumstance in order to maintain a good relationship and avoid conflict.) 14. What is diplomacy? (The skill of handling affairs without arousing hostility; that is, being able to conduct one's affairs without offending others.) 15. Look up the words tact and diplomacy in a dictionary or thesaurus and list two other words for each word which mean the same. (Tact and diplomacy are defined above. Other words are: subtlety, refinement, poise, finesse, style, savoir-faire, and discretion.) 16. What does it mean to have a sense of loyalty? (To feel a special relationship toward someone or something and to not want to cause any harm or disruption in that relationship.) 17. Why would a court reporter feel proud about working for a particular court or agency? (Court reporters take pride in the work that they do.) 18. Why is punctuality a good quality to have for a court reporter? (Court reporters should never be late for assignments.) 19. Give three instances where punctuality may be necessary for a court reporter. (Any job or assignment depositions, trials, hearings; also transcript due dates.) 20. Why must a court reporter be trustworthy? (Because the accuracy of the record depends upon the court reporter.) 13

20 21. Give two examples of situations where trustworthiness may be a necessary quality for a court or realtime reporter. (When completing the transcript for any job, when reading back in court or at depositions, when billing clients, etc.) 22. Describe a typical court reporter in your own words. (This definition should include the students' own recognition of what a court reporter does. The definition may also include some of the qualities and traits mentioned in the chapter.) 23. Describe the ideal court reporter in your own words. (This definition may be more personal and contain more of the elements mentioned in the textbook as ideals that most court reporters try to achieve in their profession.) 24. What does it mean to "capture the spoken word"? (To write in shorthand by means of a steno machine all of the words that are said during a litigation or proceeding. It can also mean to write in longhand using a manual method of shorthand or even to record using audio or video tape.) 25. How is that accomplished? (In our particular circumstances, by means of the shorthand writer, steno machine.) 26. What is the name of the shorthand theory that you use? (This varies from school to school. Students should be familiar with the name of their theory.) 27. What does "computer compatible" mean to you? (It means that their shorthand theory is conflict free; that is, a different outline is used for each word or phrase.) 28. What does "realtime ready" mean to you? (It means that your shorthand theory is ready to be transcribed using realtime software.) 29. What are the three different types of shorthand machine writers? (Manual, electronic, and computerized.) 30. Which shorthand machine would you prefer to use? (Students should respond that they prefer the most modern and up-to-date method of recording using the computerized model, along with the required software and computer hardware.) 31. What is the difference between the "old" method of producing a transcript and the "new method? (The old method involved taking ones steno notes, sitting down at a computer or typewriter, and transcribing each fold of the notes a very laborious task. Or it involved dictating each fold of notes into a record so that a transcriptionist could transcribe from the tape. The new method uses realtime capabilities that results in an instant transcript.) 14

21 32. What is a "scopist"? What does a scopist do? (A scopist can be defined as a person who is responsible for the final copy of a transcript. The job of the scopist may be to read and translate the shorthand notes into a computer and then to edit the rough translation into a final transcript format. The job involves retranslating words that were mistranslated and defining words that were not translated.) After reading the chapter, have the students respond to the following questions: 33. Why is a live court reporter better than a tape recorder? (Because a live court reporter can more accurately detect what is being said and what is being recorded, where a tape recorder may malfunction or pick up extraneous noises. Students may also give their own individual responses to this question.) 34. What are some of the problems with records that have been electronically recorded? (The transcripts may be filled with "inaudibles;" that is, places where the words were not discernable. The record is very time consuming to produce from a tape recorder. There may be gaps missing on tape recorded proceedings, etc.) 35. Are there some instances where a tape recorder will suffice for the record of a proceeding? If so, where? (Yes. In some of the very minor courts where accuracy is not important and a verbatim record is not necessary. Tape recorders certainly can suffice in situations where only one or two people are speaking in a controlled environment, etc.) 36. Do you think that a realtime transcript is more quickly produced than a transcript that must be produced from a tape recording? Why or why not? (Yes. A realtime transcript is produced instantaneously where a tape-recorded transcript sometimes takes days or months to produce.) 37. Do you think a realtime transcript is more accurate than a transcript that must be produced from a tape recording? Why or why not? (Yes. Because of the "human factor;" that is, the court reporter is there to see and hear and know what is happening to the record. In cases where someone speaks too low or mumbles, the court reporter can have that person repeat what they said so that an accurate record can be made.) 38. Why do you think it is necessary to preserve records of court trials for many years? (There are many reasons. First, trials may be appealed and the original record is necessary to see what transpired during the trial. Secondly, later cases that are similar may use past trials as citations of authority in bolstering their case. Thirdly, there is a sense of integrity when we preserve historical data for posterity.) 39. What would happen if courts had no method of preserving a record of what transpired during a legal proceeding? (The judicial system would be flawed and there would be a great injustice done to people accused of a crime.) 15

22 40. Is using realtime with a court reporter less expensive than using a tape recorder? Why or why not? (In the long run, yes. What may appear to be a short-term saving; that is replacing court reporters with tape recorder, will ultimately cost more when taking into consideration the expense of having the tapes transcribed. The transcription process can be very time consuming and expensive which may result in a greater expense than using the court reporter from the beginning.) 41. What is the greatest expense involved in producing a transcript from a tape recording? (The cost of hiring someone to transcribe the tapes.) 42. What does legal reporting entail? (Working in courts doing trials or working for a freelance agency doing deposition work, etc.) 43. Give a specific example of a reporting job in the legal field. (Any court job that the student mentions: supreme court, family court, city court, etc. Also, any freelance position working for a freelance agency.) 44. What does medical reporting entail? (Taking medical transcription from a doctor's dictation.) 45. Give a specific example of reporting in the medical field. (Working as a medical transcriptionist either in a doctor's office, for a hospital, or for a transcription service.) 46. What does entertainment reporting entail? (Reporting television program by using closed captioning.) 47. Give a specific example of a reporting job in the entertainment field. (Reporting movies, live theatre, television programming, etc.) 48. What does educational reporting entail? (Using closed captioning for the hearing impaired in a classroom setting for students who have difficulty communicating in class.) 49. Give a specific example of a reporting job in the educational field. (Being employed by a college or school to go to classes or lectures and record what is being said so that it can instantly be translated onto a screen for hearing impaired students to "see" what is being said.) 50. What does business reporting entail? (Using the services of a realtime reporter in a business setting such as a meeting of the board of directors or a stockholders' meeting.) 51. Give a specific example of a reporting job in the business field. (As mentioned above, reporting meetings of company officials or stockholders.) 16

23 52. Why must a court reporter be accurate? (Because the accuracy of the record depends upon the ability of the reporter to take down and transcribe what is being said.) 53. What would happen if a court reporter were not accurate? (The integrity of the record as well as the profession would be in jeopardy. Transcripts could not be trusted as to their reliability.) 54. Why must a court reporter be reliable? (Because lawyers and judges have come to trust the dependability of court reporters to be at a job at a specific time and location, and to accurately transcribe what was taken down.) 55. What would happen if a court reporter were not reliable? (Lawyers and judges would learn to not depend upon reporters and they would ultimately search for some other dependable method of reporting.) 56. Why is using a court reporter considered to be efficient? (Because when the court reporter uses realtime translation or CAT, the transcript is produced much more quickly than any other method.) 57. Why is using a court reporter considered to be cost effective? (Because in the long run, using the court reporter coupled with the computer results in a more accurate, more timely, and less expensive transcript.) 58. What is meant by litigation support? (Any ancillary service that a reporter or agency offers to a lawyer or client.) 59. Give some specific examples of types of litigation support services that are offered by court reporters. (Instant viewing,, instant back-search, instant recall, instant hard copy, ASCII disk, keyword indexing, cue codes, condensed transcript, etc.) 60. What is meant by the human factor as it relates to court reporting? (Ultimately having a real person in charge of the final product who is answerable for the product.) 61. Do you think that a human person is necessary in order to make sure that an accurate and complete record is made of a proceeding? Why or why not? (Yes. Simply because the human person adds integrity to the whole process.) 17

24 Chapter 3 Quiz 1. All court reporters can be classified into one particular type of character or person. 2. Court reporters are stubborn. 3. Another word for honesty is tactfulness. 4. Immediate translation/transcription of shorthand notes is called scoping. 5. CAT stands for Computers and Technology 6. Three types of shorthand writers are manual, electronic, and computerized. 7. Electronic media such as tape recorders have a shelf life and can deteriorate over time. 8. ASCII stands for American Standard Code for Information Interchange. 9. Keyword indexing is the ability to have a transcript list important words by page and line number within a transcript. 10. A condensed transcript is an abridged transcript. 18

25 UNIT EVALUATION NO. 1 Name Date Part I Short Answer 5 points each Write in the correct answer for each of the following questions. Use complete sentences where called for. 1. What is litigation support? 2. Why aren't tape recorders used more frequently in courts of record? 3. Why is attitude an important characteristic in becoming a court reporter? 4. What does respect mean in reference to a reporter's characteristics? 5. What is the bottom line in terms of characteristics of becoming a good reporter? 6. Why do you think reporting is one of the few professions where there is no discrimination? 7. Is it true that all court reporters make a great deal of money? 8. List three broad classifications of the profession of court and realtime reporting under which most job categories can be found. 19

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27 9. What do the initials NCRA stand for? 10. Why do you think you will make a good reporter? Part II True and False 2 points each Write T or F after the following questions: 1. Realtime reporters produce an instant record on a video screen for everyone to see. 2. Court reporters are also known as stenographers. 3. A reporter never stops a proceeding if the witness talks too fast. 4. Court reporters have to have an extensive, highly technical vocabulary. 5. Court reporting is more than the skill of taking down what is being said. 6. Beginning court reporters do not have to start at the bottom of the career ladder. 7. It is helpful to have a basic grasp of computers in order to become a court reporter. 8. Court reporters do not have to keep up with changing technology. 9. Sometimes freelance reporters may have to work beyond normal working hours in order to complete a job. 10. No special school is required to enter the field of court reporting. 11. Few large courtroom reporting firms use CAT today because of the high cost. 12. Freelance reporters are paid a uniform monthly salary. 13. The keyboard on the steno machine has 26 keys to correspond to the 26 letters of the alphabet 14. There are a variety of new job opportunities available for the person trained in the skill of courtroom reporting. 15. The approximate size of one fold of steno paper is 8 _ inches long and about 2 inches wide. 21

28 16. Court Reporters make lots of money for doing very little work. 17. Attorneys often judge the entire court by the reporter s ability, appearance, and demeanor. 18. Court reporters have the right to change what a lawyer or judge said because they are not under oath. 19. Tape recorders do a better job at recording and will some day replace court reporters. 20. It is customary for freelance businesses to use a split system of reimbursement for their reporters. 21. The amount of money a court reporter makes will depend upon his or her ability. 22. Court reporters do not have to be punctual because most lawyers will wait for them to arrive before they begin depositions. 23. Even though most cases a reporter handles are not all murder or rape cases, it is still not a routine job. 24. A court reporter must possess good English skills. 25. As a reporter, it is not your concern if the witness is unintelligible, illiterate, and babbling. You only are required to get down what you can. 22

29 Section B Official Court Reporting 23

30 Chapter 4 The Working Environment of the Official Capacity Questions for Discussion After reading the chapter, have the students respond to the following questions: 1. What do the initials CSR mean? (Certified Shorthand Reporter) 2. Are all official court reporters required to take and pass an examination? (Yes. Most official reporters must pass an examination.) 3. What do the initials RPR mean? (Registered Professional Reporter.) 4. Should all official and freelance court reporters be required to pass a licensure examination before they can work? Why or why not? (This question may be answered by the student based upon factual knowledge. Opinions may vary.) 5. What does the word remuneration mean? (A method of payment for services rendered.) 6. How are official reporters compensated for their work? (Official reporters are paid a salary, plus a fee for transcripts sold to lawyers.) 7. Are official reporters paid by a salary? (Yes.) 8. Do official reporters receive extra pay for transcripts produced and sold to attorneys? (Yes, in most cases) 9. Why must a court reporter address court personnel with respect? (Because they are professionals and they should have respect for the court.) 10. What type of dress would be appropriate for a male or female court reporter to wear while working? (Typical business attire as dictated by the custom and tradition of the particular circumstances.) 11. What type of dress would be inappropriate? (Trendy clothes, sloppy clothes, jeans, sweatshirts, sneakers, etc.) 12. Why must official court reporters keep abreast of changing technology? (Because the technology changes so rapidly, it is important for the reporter to continue to strive to do the best he or she can with the most up-to-date equipment possible.) 24

31 13. Why can't an official reporter use his influence to help a close friend from being prosecuted for a criminal wrong? (Because it is ethically and morally wrong. Because the reporter has no right to expect to influence lawyers or judges regarding criminal matters.) 14. Why would it be wrong for a court reporter to take down something that was said by one of the lawyers when the other lawyer or judge were not present? (Because it would be unfair to the lawyer who was not present. Because it would be ethically, and possibly criminally wrong to do so.) 15. Should official court reporters be allowed to do freelance reporting if their court is not in session? (While the answer to this question may be personal and may reflect the different opinion of the students, the answer should lean toward the negative with the implication that the official reporter has a responsibility to work productively in his or her own capacity as an official reporter.) 16. Define a pretrial conference. (A conference held among the judge and different lawyers to a litigation where issues are talked about and, if possible, a settlement is reached before trial.) 17. Who is present at a pretrial conference? (Judge, lawyers, representatives, and all parties to the action.) 18. Are pretrial conferences reported by court reporters? (Yes, at least the important parts of the pretrial conference.) 19. What is a pretrial order? (An order issued as the result of a pretrial conference that sets the date, time, and place of trial.) 20. What is a preliminary examination? (A hearing or examination held in order to determine if there is enough evidence to hold an accused person for trial.) 21. What is the difference between a pretrial conference and a preliminary examination? (The pretrial conference is a conference held among the lawyers and judges; the preliminary hearing is a trial or hearing used to determine if there is enough evidence to hold a defendant for trial.) 22. Is there a jury present at a preliminary examination? Is there a defendant present? (There is no jury. The defendant is present, but very seldom presents witnesses.) 23. What is the purpose of a grand jury investigation? (An investigation into certain criminal matters to determine whether or not there is enough evidence to charge a person with a crime.) 25

32 24. What is the difference between a grand jury investigation and a preliminary examination? (One of the main differences is the fact that at the grand jury investigation, there is no defendant because no one has been charged with a crime; at the preliminary examination, there is a defendant who has been charged with a crime.) 25. Is there a defendant present at a grand jury investigation? (No.) 26. Why is a grand jury investigation held in secret? (Because it is investigatory in nature and no defendant has been charged.) 27. What does the word quorum mean? What constitutes a quorum at a grand jury investigation? (A majority of persons present to vote or rule on issues. In a grand jury investigation, a quorum is 12 to 16 members.) 28. What is an arraignment? (A legal proceeding in which a person is accused of a crime, brought before a court of law, allowed to enter his plea, and bail may or may not be set.) 29. What does the Latin phrase nolo contendere means? (No contest.) 30. In referring to a sentence issued by a court to a criminal, what does the word "sentence" mean? (The punishment prescribed by the court to the defendant who is found guilty. Usually it refers to confinement in prison or time spent in jail.) 31. What would you consider the top three advantages of official court reporting? (The response to this question is left to the opinion of the student, although the answer should reflect some of the ten advantages as outlined in the chapter.) 32. What would you consider the top three disadvantages of official reporting? (See note above. The answer should reflect some of the ten disadvantages as outlined in the chapter.) 26

33 Chapter 4 Quiz 1. The Initials CSR stand for: a. Court Stenographer and Reporter b. Commissioned Stenographer and Reporter c. Certified Shorthand Reporter d. Certified Stenographer and Reporter 2. Official reporters are usually paid as follows: a. a straight salary b. by the page c. on commission d. a salary plus transcription fees 3. Rules regarding proper dress, arrival and departure, working arrangements, etc., for the official court reporters usually: a. follow national guidelines b. follow individual or state court guidelines c. do not follow any prescribed rules d. are up to the individual reporter 4. An agreement between counsel as to certain facts or matters that will not be argued is called a (an): a. prima facie case b. stipulation c. oral agreement d. demurrer 5. One of the main purposes of a pretrial conference is to: a. if possible, have a case settled before trial b. determine if there is enough evidence to hold a defendant for trial c. arraign the defendant d. sentence the defendant 6. Another name for a deposition is: a. examination by trial b. examination during trial c. examination before trial d. examination after trial 27

34 7. A defendant is never present during a (an): a. preliminary examination b. pretrial conference c. arraignment d. grand jury investigation 8. A grand jury usually consists of how many members? a. 24 b. 23 c. 16 d Witnesses are called to testify in a grand jury by the: a. prosecuting attorney b. defense attorney c. foreperson of the jury d. court reporter 10. A motion for continuance is a request for: a. a change in location of the trial b. more time before trial c. the disqualification of a judge before trial d. a ruling in favor of the defendant 28

35 Chapter 5 Terminology of the Official Court Reporter Questions for Discussion After reading the chapter, have the students respond to the following questions: 1. What is a litigant? (Any party to a legal action: plaintiff, defendant, respondent, petitioner, etc.) 2. Who is the plaintiff? (The party who brings an action against another.) 3. Who is the defendant? (The person against whom an action is brought.) 4. Who is the petitioner? (Another name for the plaintiff or party who brings an action against another.) 5. Who is the respondent? (Another name for the defendant or party against whom an action is brought.) 6. Who is the appellant? (The person who appeals a case that has been lost.) 7. Who is the appellee? (The respondent or person against whom an appeal is brought, the original winning party.) 8. What are the pleadings? (The written documents that make up a case.) 9. What is the complaint? Who files a complaint? (The legal document that begins the litigation process. It is initiated by the plaintiff and lists the charges against the defendant.) 10. What is an information? (In criminal matters, another name for the complaint.) 11. What is an answer? Who files an answer? (The formal document filed by the defendant that answers the charged contained in the complaint.) 12. What is a demurrer? Who files a demurrer? (Legal document filed by defendant which asked for a more particularized account of the charges contained in the complaint.) 29

36 13. What is a bill of particulars? Who files a bill of particulars? (Legal document filed by plaintiff which contains a more particularized account of the charges contained in the complaint.) 14. What is a petition? (A formal request to the court requesting judicial intervention.) 15. What is a summons? (Legal document used to notify a defendant that an action has been brought against him or her, requesting an appearance in court.) 16. What is a subpoena? (Legal document served upon a witness demanding his or her appearance in court to testify.) 17. What is a subpoena ad tesificandum? (A subpoena requiring testimony from a witness.) 18. What is a subpoena duces tecum? (A subpoena requesting testimony and documentary evidence to be brought into court.) 19. What is an affidavit? (A written statement of facts relating to a particular case, usually given voluntarily and sworn to.) 20. Who is the affiant? (The person who make an affidavit.) 21. What is a deposition? (Testimony of a person, given under oath, with notice to the opposing party for the purpose of cross examination. A discovery device used before trial in legal matters.) 22. Who is the deponent? (The person who makes a deposition.) 23. What does the word jurisdiction refer to? (The authority or power of a court to hear a particular cause of action.) 24. What is concurrent jurisdiction? (Where two or more courts have jurisdiction over the same matter.) 25. What is original jurisdiction? (The ability of a court to hear a case for the first time.) 26. What is appellate jurisdiction? (The ability of a court to hear a case that has been tried before.) 27. What is criminal jurisdiction? (The limiting of a court to hear only criminal matters.) 28. What is civil jurisdiction? (The limiting of a court to hear only civil matters.) 30

37 29. What does the term venue refer to in relation to court proceedings? (The geographical location or place where a case is to be tried.) 30. What is a motion for a change of venue? (A formal request to the court to change the location of where a trial is to be held.) 31. What is discovery as it relates to legal matters? (The process of finding facts relating to a particular lawsuit.) 32. Give an example of discovery. (The deposition is a very well known method of discovery.) 33. What is a court docket? (The case number assigned to a particular case by the court clerk.) 34. What is a court calendar? (A list of the cases that are being tried in a particular court, either listed by number or date and time of trial.) 35. What are the responsibilities of the judge? (To preside over hearings and trials and to rule on legal issues arising during proceedings.) 36. What are the responsibilities of clerk of the court? (Clerical details of the case such as taking care of all public records, etc.) 37. What are the responsibilities of the court reporter? (Among other things, to make a verbatim record of a particular case, to function as assistant to a judge, to keep track of exhibits, etc.) 38. What are the responsibilities of the bailiff? (To maintain order in the court; to serve as a peace officer.) 39. What are the responsibilities of the sheriff or marshal? (The executive officers of the court, the person who serves summonses and citations and carries out court orders.) 40. What are the responsibilities of the attorneys? (To represent their respective sides, to follow and abide by the rules of the court.) 41. How are jury members selected? (From a jury pool, selected from tax rolls, voting registration lists, motor vehicle registration lists, etc.) 42. Does a jury always consists of 12 members? Why or why not? (No. Some civil cases only require six members. Grand Jury consists of 23 members.) 31

38 43. What is a judgment? (When the court or judge issues a decision rather than the jury.) 44. Who issues a judgment? (The court that has jurisdiction over the matter.) 45. What is a verdict? (The decision reached by a jury after deliberating on the facts and the law of a trial.) 46. Who issues a verdict? (The jury reaches the verdict, while the judge reviews the verdict and pronounces sentence.) 47. What is a discussion in camera? (In the Judge's chambers.) 48. Who is usually present at such a discussion? (The judge, lawyers, sometimes the parties, and usually the court reporter.) 49. What does "ex parte" mean? (One side or one party.) 50. Give one example of an ex parte order. (The issuing of a restraining order, grand jury investigations, etc.) 32

39 Chapter 5 Quiz 1. The party who initiates or brings an action is called the: a. plaintiff b. defendant c. appellant d. respondent 2. The complaint is filed by the: a. plaintiff b. defendant c. appellant d. respondent 3. A bill of particulars is filed by the: a. plaintiff b. defendant c. appellant d. respondent 4. A request for a more particularized account of the charges brought against a person is called a: a. bill of particulars b. demurrer c. complaint d. answer 5. A document requesting a person to appear in court with certain documentary evidence is referred to as: a. subpoena b. summons c. subpoena ad testificandum d. subpoena duces tecum 6. The geographical location of a trial is referred to as: a. the jurisdiction b. the part or section c. the venue d. the power 33

40 7. The officer of the court who is responsible for maintaining the decorum of the court is the: a. magistrate b. sheriff c. bailiff d. marshal 8. Which of the following is not a method that may be used to gather a pool of prospective jurors? a. tax rolls b. credit card information c. motor vehicle registration d. voting registration 9. In camera proceeding are held: a. in court b. in the presence of the jury c. in litigation d. in chambers 10. A decision in a case that is reached by the judge is called a (an): a. ex parte decision b. in camera decision c. judgment d. verdict 34

41 Chapter 6 Reporting a Typical Criminal Jury Trial Questions for Discussion After reading the chapter, have the students respond to the following questions: 1. What are some differences between a criminal matter and a civil matter? (Criminal matters involve wrongs against society and involve punishment in the form of imprisonment; civil matters involve disputes between individuals and usually involve financial redress.) 2. Discuss the grand jury investigation process as it relates to the court reporter. (The grand jury court reporter may be responsible for taking down the testimony elicited during a grand jury investigation. He or she is sworn to secrecy. He or she may be required to read back portions of testimony given during the examination. There is no defendant present, but witnesses are called to give information relating to alleged crimes. The results of the grand jury investigation are a true-bill, also called an indictment or a no-bill. A verbatim record of the proceedings is taken down and transcribed.) 3. Discuss a preliminary examination as it relates to the court reporter. (This type of examination is held before a judge to determine whether or not there is enough evidence to hold a defendant for trial. The prosecution presents evidence in the form of oral and physical evidence. Examination transpires much like a regular trial. The defendant may or may not present any evidence. The results of a preliminary hearing are a holding order which binds the defendant over for trial court or n acquittal.) 4. Discuss the difference between an arraignment and a sentencing proceeding. (An arraignment takes place before a defendant goes to trial. It is the judicial process whereby the defendant is informed of his or her constitutional rights, allowed to plead, and bail may be set. The sentencing proceeding takes place after a trial, specifically after a defendant has been found guilty. It is the punishment as adjudicated by the court to the defendant after trial.) 5. Define voir dire examination. (As it relates to jury selection, voir dire examination is the preliminary questioning of prospective jurors before they are selected to serve on a jury panel. The voir dire examination is conducted by both attorneys and the judge to determine whether or not a prospective juror is competent to serve on a jury.) 6. Discuss the differences between peremptory challenges and challenges for cause. (A peremptory challenge is the excusing of a prospective juror for no reason at all. They 35

42 are limited in number. A challenge for cause is to excuse a prospective juror for a specific reasons such as bias or prejudice. Challenges for cause are not limited in number.) 7. Discuss the differences between direct and cross examination. (Direct examination is the questioning a witness undergoes by the attorney who called that witness. Cross examination follows direct examination and is conducted by the opposing attorney.) 8. Discuss the differences between redirect and recross examination. (Redirect examination follows cross examination and is conducted by the attorney who did the direct examination. Recross examination follows redirect examination and is conducted by the opposing counsel.) 9. Discuss the differences between opening statements and closing statements. (Opening statements are presented by counsel before the calling of the first witness and the presentation of the first evidence. They outline the factual information that will be presented during the case, or the line of defense that the defendant will take. The closing statement recapitulate or summarize the evidence for the jury before they deliberate on a verdict.) 10. Discuss the differences between physical evidence and oral evidence. (Physical evidence is evidence that is something other than testimony. For example, documents, objects, and so on. Oral evidence is testimony given by witnesses.) 11. Discuss the differences between marking an exhibit for identification and receiving it into evidence. (Exhibits are first marked for identification before they are discussed. After testimony surrounding the exhibit has concluded the exhibits may or may not be offered into evidence. If they are received, they are then so marked as being received into evidence.) 12. Discuss the differences between rebuttal and surrebuttal testimony. (Rebuttal testimony is evidence presented by the plaintiff that disputes the evidence presented in the defendant's case in chief. Surrebuttal testimony is testimony which rebuts the evidence presented by the plaintiff in rebuttal.) 36

43 Chapter 6 Quiz 1. The number of jurors usually serving on a grand jury is: a. 16 b. 12 c. 24 d At a grand jury investigation, the jury charge is given: a. at the beginning of the investigation b. in the middle of the investigation a. at the end of the investigation b. at any time during the investigation 3. A formal document resulting from a grand jury investigation that charges the defendant with a specific crime is a/an: a. affidavit b. indictment c. deposition d. holding order 4. A preliminary examination is usually held: a. after a defendant has been charged with a crime b. after a defendant has been found guilty c. after a grand jury investigation d. at the end of a grand jury investigation 5. An type of hearing to determine the cause of death is called a/an: a. preliminary examination b. grand jury investigation c. coroner's inquest d. pretrial conference 6. The proceeding at which the defendant usually pleads is the: a. preliminary examination b. pretrial conference c. arraignment d. sentencing 7. A type of questioning of prospective jurors to determine their qualifications is called: a. preliminary examination b. voir dire examination c. peremptory examination 37

44 d. pretrial examination 8. When an entire jury panel is excused because a group of peers cannot be found, it is called: a. challenge to the array b. challenge for cause c. peremptory challenge d. sequestered 9. The type of examination a witness undergoes by the opposing attorney is called: a. direct examination b. cross examination c. redirect examination d. surrebuttal examination 10. The deliberation of the jury after a trial results in the: a. verdict b. arraignment c. indictment d. holding order 38

45 Chapter 7 Reporting a Typical Civil Jury Trial Questions for Discussion After reading the chapter, have the students respond to the following questions: 1. Define the pleadings in a civil action. (The pleadings are the official documents that make up the litigation. The first pleading in a civil case is the complaint as filed by the plaintiff. The defendant responds to the complaint by filing the answer.) 2. What is a counterclaim? (When the original defendant in the original claim files a suit against the original plaintiff, this is known as a counterclaim.) 3. What is a cross claim? (When the original defendant files a claim against another party who may become a codefendant or coplaintiff.) 4. Discuss the pretrial conference that occurs before a civil trial. (When the parties to a litigation are ready to proceed to trial, the attorneys will request a pretrial conference with the judge. All matters that will be prosecuted at trial are discussed, stipulations are made, witnesses and exhibits are discussed, etc. Once the pretrial conference is complete, a pretrial order may result that sets the trial date.) 5. Discuss the post-trial activities that occur after a civil jury trial. (Two motions may occur: a motion for a judgment notwithstanding the verdict whereby the losing party requests a change in the verdict; or a motion for a new trial, also made by the losing party. The losing party may also file an appeal.) 39

46 Chapter 7 Quiz 1. Reporting a civil trial is completely different than reporting a criminal trial. 2. The complaint is filed by the defendant against the plaintiff. 3. A summons is served upon the plaintiff in an action, informing him or her of a pending lawsuit. 4. The answer is a formal written statement containing the defense or answer to the charges made in the complaint. 5. In essence, the counterclaim is the original defendant suing the original plaintiff. 6. A type of motion that is usually made after a jury trial by the losing party is a motion for a change of venue. 7. The process of gathering information for a trial is called a fishing expedition. 8. A pretrial conference is held at the conclusion of a trial to determine if an appeal should be made. 9. A motion for a judgment notwithstanding the verdict is made by the losing party in the original trial. 40

47 10. The court reporter is required to record all statements, motions, objections, rulings, orders, testimony, and colloquy that occur during a trial. a. true b. false 41

48 Chapter 8 Things to Consider Before A Trial Begins: Calendar, Worksheet, Stipulations Questions for Discussion After reading the chapter, have the students respond to the following questions: 1. In your own words, describe the court calendar. (A chronological listing of cases that are being heard in course which may include arraignment dates, trials dates, and sentencing dates, as well as different hearings and motions.) 2. Describe the three different calendars a court reporter might use. (A large-sized wall calendar to keep track of monthly events serves, as the master calendar; a desk calendar which serves as a reminder of the daily activities; and a pocket calendar used for personal or out-of-court activities.) 3. In your own words, describe what a reporter's worksheet is. (A preprinted form that contains a place for the reporter to fill in essential information regarding the venue, style, parties, designations, terminology, exhibits, witnesses, and so on.) 4. What are some other common names used for the reporter's worksheet? (Information sheet, dog sheet, dope sheet, poop sheet, and control sheet.) 5. What information would be filled in the category of "title"? (The caption, style, or heading refers to the names of the parties involved in a particular litigation.) 6. What information would be filled in the category of "appearances"? (The names and addresses of the attorneys and whom they represent in the particular case.) 7. What information would be filled in the category of "exhibits"? (The part who presented the exhibit, the number or letter assigned to it, whether it is marked for identification or received into evidence, along with a brief description of the exhibit.) 8. What information would be filled in the category of "witnesses"? (The name of the witness, who called the witness, and the type of examination.) 9. What information would be filled in the category of "local abbreviations"? (Any special abbreviations that were used by the reporter.) 10. What information would be filled in the category of "spelling of proper nouns"? (The spelling of names that are used throughout the case.) 42

49 11. What information would be filled in the category of "designation of counsel and court"? (The different designations used by the writer whenever the different attorneys, court, and other people present spoke in colloquy.) 12. What information would be filled in the category of "special instructions and comments"? (Any instructions to the scopist or transcriptionist that are necessary for him or her to complete the transcript in a timely and accurate manner.) 13. In your own words, define what a stipulation is. (An agreement between the attorneys or the attorneys and the court regarding certain things that will or will not occur at the beginning of a deposition or during a trial or hearing.) 14. Why are stipulations important in the interest of justice? (Because they help a deposition, hearing, or trial to move through the justice system at a faster pace. When agreements can be reached during the process, the process runs smoother.) 15. What is a trial stipulation? (An agreement that occurs during the trial itself that relates to information pertaining to the trial or hearing.) 16. What is a stipulation of fact? Give an example. (An agreement to a specific fact, such that it requires no further proof or evidence to prove the fact. For example, July 4 is Independence Day in America.) 17. What is a stipulation of evidence? Give an example. (An agreement to specific evidence, such that it requires no further proof; the evidence is accepted by both sides. For example, the stipulations of the qualification of an expert witness no further proof is needed to go into his or her educational background which would prove his or her expertise in the field.) 43

50 Chapter 8 Quiz 1. It is not possible for the attorney who called a witness to take that witness on cross examination. 2. The same attorney who did the direct examination must also do the redirect examination. 3. The pleadings surrounding a particular case are very helpful for a reporter in gathering essential information about the case. 4. An agreement relating to the qualifications of an expert witness is an example of a stipulation of evidence. 5. All witnesses must always undergo both direct examination and cross examination. 6. The heading of a case is also called the caption. 7. Direct examination of a witness always follow cross examination of the same witness. 8. If an official court reporter does not have a trial scheduled for a particular day, he or she may take the day off with pay. 9. A local abbreviation used by a reporter is probably one that is universally accepted in all courts by all court reporters. 44

51 10. The court calendar is used to place cases on the docket for trial. UNIT EVALUATION NO. 2 Name Date Part I True and False 2 points each Write in T or F after the following questions: 1. A type of challenge that is used by an attorney to excuse a juror for a specific reason such as bias or prejudice is a peremptory challenge. 2. The number of peremptory challenges that an attorney may use are limited by statute. 3. The opening statements in a trial are always made by the judge. 4. In a trial, the attorney who calls a witness conducts the direct examination of that particular witness. 5. Only a plaintiff may appeal losing a legal action, the defendant may not. 6. If a witness refuses to take an oath, he cannot testify. 7. Rebuttal and surrebuttal are the same thing. 8. Another word for a bench conference between the judge and attorneys is a sidebar. 9. When the judge physically goes to a jury room to reprimand the jury members for some fault during their deliberations, it is referred to as a jury visit. 10. The jury charge and the jury instructions are the same thing. 11. Following the reaching of a verdict, a jury is referred to as a hung jury. 12. A civil trial involves an individual who is suing another individual for some type of redress. 45

52 13. A complaint is always filed by the plaintiff, but a defendant may have the opportunity to edit the charges contained in the complaint. 14. Basically, a counterclaim in an action is the defendant suing the plaintiff or the respondent suing the petitioner. 15. If a defendant fails to answer a complaint within the required time limit as set by statute, the plaintiff may make a motion for default judgment against the defendant. 16. A motion for a judgment notwithstanding the verdict is requested by the losing party. 17. A worksheet is also referred to as a control sheet or a dope sheet, but never an information sheet. 18. The caption of a case includes the date, term of judge, venue, and title of the case. 19. Exhibits that are received during a trial should always be indexed according to whether or not they were first marked for identification and then received into evidence. 20. The plaintiff in a legal action is the party who commences the litigation process. 21. Transcript rates for official reporters are set by the specific statues of each state. 22. The official reporter is not considered an officer of the court 23. One of the most accepted examination offered by the NCRA is the CSR examination for all court reporters. 24. Official reporters are paid a salary plus a transcript fee for transcripts produced for attorneys who request copies of the transcript. 25. Official court reporters have the power to change the record when they deem it necessary for the good of the record. 26. A pretrial conference is a small trial held in order to eliminate the actual trial itself. 27. A case that is legally sufficient and has legal merit to proceed is referred to as a prima facie case A stipulation is an non-agreement between counsel as to certain facts or matter that they will not accept. 46

53 29. An EBT is an examination by trial. 30. A pretrial order sets the date, time, and place of a trial after a pretrial conference. 31. A preliminary hearing is different than a preliminary examination. 32. A jury is always present during a preliminary examination. 33. A grand jury investigation may take place after a trial of a defendant. 34. An arraignment is a legal proceeding where the plaintiff is brought before the Court to enter a plea. 35. The plaintiff is sometimes call the petitioner. 36. The pleadings of a case are the written documents that make up the litigation. 37. A summons and a subpoena are the same thing. 38. Jurisdiction can relate to the location of a case as well as the subject matter of a litigation. 39. The whole process of finding the facts relating to a particular lawsuit by various legal means afforded to the parties is referred to as venue. 40. The bailiff is the peace officer of the court and is responsible for keeping and maintaining order in the court. 41. An ex parte order is an order relating to someone who was an ex-party to a lawsuit but is no longer involved. 42. Criminal matters are treated differently in courts of law from civil matters. 43. The form of redress in a criminal matter is punishment and/or imprisonment for breaking a law. 44. Every person has a right to a trial by jury, except those who commit murder in the first degree 45. Another term for all of the prospective members of a jury is veniremen. Part II Essay 10 points 47

54 Answer any ONE of the following questions: 1. Discuss some of the differences between a civil matter and a criminal matter. 2. Outline a complete civil jury trial. 3. Define the following terms: a. arraignment b. preliminary examination c. pretrial conference 48

55 d. grand jury investigation e. indictment 49

56 Chapter 9 How to Administer the Oath, Witness Setup, Speaker and Examination Identification Questions for Discussion After reading the chapter, have the students respond to the following questions: 1. Why do you think the administration of an oath in court is important? (It attempts to assure the integrity of the witnesses; they are swearing in open court that they will tell the truth. It is important to our judicial process.) 2. Do you think a person who takes the oath will always tell the truth? (Although this response may be personal in nature, the answer should reflect that most people are honest and will tell the truth, especially under oath and when threatened by punishment if they commit perjury.) 3. What is the difference between an oath and an affirmation? (In an oath, one swears to God that they will tell the truth; in an affirmation, one affirms that they will tell the truth without mention of "swearing" or "God." 4. Who administers the oath in a courtroom setting? Who administers the oath at a deposition? (The clerk of the court or bailiff in a court of law; the court reporter or other notary at a deposition or hearing.) 5. Is there a difference between an oath administered to an adult and one administered to a child? If so, what is the difference? (Yes. An oath administered to a child will be given in language that the child can understand, usually asking the child if he or she knows what it means to lie and what happens when one lies.) 6. Generally speaking, what does the witness setup refer to? (The proper transcription of the name of a witness as it appears within the transcript, along with vital information relating to who called the witness, etc.) 7. Is the oath given to the witness always transcribed verbatim? (No. In some cases it is referred to in the witness setup.) 8. Following the swearing in of the witness how is the type of examination and who is doing the examination noted in the transcript? (The type of examination is then centered in all caps, for example: "DIRECT EXAMINATION," this is followed by the name of the examining attorney at the left margin, for example: "BY MR. JONES:" 50

57 9. Briefly discuss how the court reporter identifies different speakers. (Most reporters will designate speakers by special designations that are consistently used to represent the different speakers. For example, the STPHAO may be used to represent the attorney for the plaintiff and the SKWRAO may be used to represent the attorney for the defendant.) 10. What is the universal designation for the question? (The question designation is the entire left bank STKPWHR-.) 11. What is the universal designation for the answer? (The answer designation is the right bank -FRPBLGTS.) 12. Are speaker identification symbols universal? (No. Different reporters use different designation for speakers.) 13. Should speaker identification symbols be universal? Why or why not? (The student's response should be personal in nature, but should take into consideration the fact that most reporters will use what is comfortable and customary for their own use.) 14. What is an alphabetic designation used for the attorney for the plaintiff and attorney for the defendant? (Using the left bank and vowels, for example the STPHAO- for the attorney for the plaintiff and SKWRAO- for the attorney for the defendant.) 15. What is an alphabetic designation used for the Court and the witness? (Using the - EUFPLT for the Court and the -EURBGS for the witness.) 16. What is a numeric designation used for the attorney for the plaintiff and attorney for the defendant? (Using the for the attorney for the plaintiff and the for the attorney for the defendant.) 17. What is a numeric designation used for the court and the witness? (Using the for the Court and the for the witness.) 18. In your own words, describe a system of syllabic designations that may be used for different attorneys. Give examples of names used and their designations. (Using a given syllable for a person's name as a designation for the paper, for example, using PAOEP/PAOEP for Mr. Peepers.) 19. What special consideration must be taken into account when making designations for two or more people who have the same name? (You can't use the same designation for two people. Each person must have his or her own special designation that is used consistently and accurately.) 51

58 20. Describe one alternative method of designation that may be used other than alphabetic, numeric, or syllabic. (Assigning a physical characteristic to a person that stands out, for example, a red dressed person would be designated RED/RED, etc.) 21. Why is it important to note the type of examination and who is doing the examination after the witness setup? (Without the designation of speakers the record would not be clear as to who is doing the question or who is doing the talking at any given time.) 22. Why would it be advantageous for the court reporter to have a one-stroke designation that would translate with the type of examination and who is doing the examination? (Because it saves time and helps the reporter write quickly and accurately.) 52

59 Chapter 9 Quiz 1. In courts of law, the clerk of the court administers the oath to the witness. 2. If a person refuses to be sworn by oath, he or she may make what is called an affidavit. 3. In transcript setup, the type of examination that a witness undergoes is indicated by centering it on a separate line below the witness setup. 4. In transcript setup, the person who is doing the questioning of a witness is indicated at the right margin. 5. When a person knowingly lies under oath, it is called it is called battery. 6. The symbols used to designate the question and answer are almost universal. 7. Because of realtime translation, it is not necessary for the court reporter to identify counsel present at all times in the record 8. A common designation for the attorney for the plaintiff is STPHAO-. 9. A common designation for the Court is -EURBGS. 10. Reporters who use CAT and realtime can program their dictionaries to transcribe the proper setup for the types of examinations and who is doing the questioning. 53

60 Chapter 10 How to Report Parentheticals Questions for Discussion After reading the chapter, have the students respond to the following questions: 1. Why are parentheticals used within transcripts seldom dictated? (Because they are notations as to what occurs during a proceeding and are not expected to be dictated.) 2. Explain how a court reporter knows when, where, and how to put in proper parentheticals. (By knowing the proper procedures for depositions, hearings, and trials, a reporter knows what parentheticals to use and where they go within the transcript.) 3. Give an example of a parenthetical noting the presence of the defendant. (The defendant was personally present, together with counsel.) 4. Give an example of a parenthetical noting the impaneling and swearing in of a jury. (A jury was impaneled and sworn.) 5. Give an example of a parenthetical indicating that the indictment was read. (The indictment was read in open court.) 6. Give an example of a parenthetical that would be used for the opening statement by the plaintiff's attorney. (Mr. Attorney made an opening statement on behalf of the plaintiff.) 7. Give an example of a parenthetical used for a bench conference. (A conference was held at the bench without the hearing of the jury as follows:) 8. Give an example of a parenthetical that might be used for excusing the jury at the end of the day. (At 5:54 P.M. the jury was excused for the day.) 9. Give an example of a parenthetical used to convene a recess. (At 10:35 A.M. a 20-minute recess was taken.) 10. Give an example of a parenthetical used when a witness résumés the stand after an adjournment. (The witness resumed the stand and testified as follows.) 54

61 11. Give an example of a parenthetical used to indicate an off-the-record discussion. (An offthe-record discussion was held.) 55

62 12. Give an example of a parenthetical used for show the marking of exhibit number five for the plaintiff for identification. The exhibit is a copy of a driver's license belonging to the defendant. (Plaintiff's Exhibit No. 5, a copy of defendant's driver's license, was marked for identification.) 13. Give an example of an attorney reading to the jury from Defendant's Exhibit ZZ. (Counsel read to the jury from Defendant's Exhibit ZZ.) 14. Give an example of the reading of the deposition of John Smith into the record by Mr. Jones, attorney for the defendant. (Mr. Attorney read the deposition of John Smith to the jury.) 15. Give an example of a parenthetical showing the reading back of the last question and answer by the court reporter. (The last question and answer were read by the reporter.) 16. What is meant by a question-and-answer parenthetical? (Whenever a parenthetical is considered part of a question or answer.) 17. Give an example of a parenthetical used within an answer indicating that the witness did not verbally respond to the question. [Q. Where did you go next? A. (No audible response).] 18. Give an example of a parenthetical used after a proper name where the spelling could not be found. [Q. Please state your name. A. John W. Huey (phonetic).] 19. What is the proper use of the parenthetical [sic]? (Used to indicate that the word or phrase preceding the notation is not a mistake and is to be read as it stand.) 20. When might a question-and-answer parenthetical be used as a form of speaker identification? (When it is the custom of the court or freelance agency to use this method of speaker identification within the transcripts. The first question of the attorney would include his or her name within parenthesis, followed by the question asked.) 56

63 Chapter 10 Quiz 1. A court reporter can be compared to a photographer; that is, he or she produces a picture of everything important that occurs during a proceeding. 2. In criminal matters, it is important for the reporter to note whether or not the defendant is present with counsel at all times. 3. Voir dire examination is examination conducted by the court to determine the competency of the defendant to stand trial. 4. To sequester a witness from the courtroom is to find him or her guilty of contempt of court and place him or her in jail. 5. To "invoke the Rule" is to ask that a witness leave the courtroom so that he or she may not hear the testimony of other witnesses. 6. Opening and closing statements must always be read in open court and transcribed as read. 7. The purpose of a bench conference is usually to clarify a legal point or to discuss something outside the hearing of the jury. 8. All bench conferences must be reported verbatim and become a part of the record. 9. The polling of the jury is asking each juror how he or she voted in reaching a verdict. 57

64 10. The terminal punctuation mark after a question-and-answer parenthetical goes inside the parenthesis. 58

65 Chapter 11 How to Report Motions Questions for Discussion After reading the chapter, have the students respond to the following questions: 1. In your own words, define what a motion is and how they are used in the legal environment. (A request made by an attorney to the court to make a ruling or grant a request.) 2. Why do you think all motions and arguments have to be reported verbatim? (Because the legality of an action may depend on the motion and subsequent ruling upon the motion.) 3. Define a motion for a bill of particulars. (A request by a defendant to a plaintiff for a more particularized account of the charges brought against the defendant.) 4. When would a motion to have the claimant medically examined be used? (When the claimant purports certain medical damages, the opposing side may have the claimant examined to determine whether or not the claims are legitimate.) 5. Who would instigate a motion for a change of venue? (Usually the defendant or his or her attorney.) 6. Why would a party to an action request a motion for continuance of the case? (In order to request more time.) 7. Which party to action might request a motion for a summary judgment? (Either party.) 8. When might a mistrial occur during a litigation process? (At any time during the litigation process, whenever a major defect has occurred in the legal process.) 9. If a motion to strike is granted by the judge, what is the process used to strike the matter from the record? (The material is not literally "stricken" from the record, but it is to be ignored by the jury and not read back to the jury in cases of readback.) 59

66 Chapter 11 Quiz 1. A motion made by the attorney for the plaintiff will be ruled upon by the attorney for the defendant. 2. If a motion is denied, the attorney who made the motion can make an objection on the grounds that the motion should be granted. 3. The phrase "in limine" means at the beginning. 4. A motion to disqualify a judge must be made by the presiding judge himself or herself. 5. A motion for dismissal pursuant to Rule 41 of the Federal Rules of Civil Procedures is a motion for nonsuit. 6. A motion to inquire into the reason for detention of a defendant and obtaining his or her release if it is deemed illegal is a motion for write of habeas corpus. 7. A motion to view the premises must be made by the attorney for the defendant. 8. When a motion to strike portions of testimony is granted, the court reporter must remove those sections that were stricken from the record and exclude them from the transcript. 9. A motion to dismiss the complaint is always made by the attorney for the defendant. 60

67 10. After a case has been on file for a long period with no action by the plaintiff's attorney to prepare for trial, the defendant's attorney may make a motion to dismiss for lack of prosecution. 61

68 Chapter 12 How to Report Objections Questions for Discussion After reading the chapter, have the students respond to the following questions: 1. In legal matters, what is an objection? (The formal protesting to the court regarding an action or question made by the opposing side.) 2. When is an objection made? (Whenever an attorney wants to protect his client's interests and feels as though an injustice has been done.) 3. How does the court rule on an objection? (By overruling an objection or sustaining an objection.) 4. In your own words, describe an "exception" as it relates to the ruling of the Court on an objection. (A formal disagreement by the attorney who made an objection, after the court has overruled his or her objection. The exception puts on the record the fact that the attorney disagrees with the judge's ruling and may be used as a basis for appeal.) 5. Why is it important for a reporter to "mark" his or her notes with reference to objections? (Because most likely they will be asked to be read back by the court reporter.) 6. How might a reporter "mark" his or her notes? (By using a "marker" located on the shorthand writers; by drawing a line across the notes; by throwing a paper clip or piece of paper in their notes; or by "cueing" one's electronic notes using special keys on the keyboard.) 7. In your own words, describe the best way to handle the reporting of objections and the subsequent argument and ruling by the court. (1. Record the question and answer. 2. Record the objection and grounds. 3. Record any argumentative exchange. 4. Get the ruling by the Court.) 8. What is a "blanket objection"? (An objection to a question on the grounds that it is incompetent, irrelevant, and immaterial.) 9. Give an example of a question that might be asked of a witness which is leading and suggestive. (Q. Please state why you where you were when you arrived a the Pink Cadillac cafe at one o'clock in the morning.) 62

69 10. What is a nonresponsive answer? (An answer that does not have anything to do with the question that was asked.) 11. When might the objection be made on the grounds that there is no proper foundation laid? (When a question relates to a matter that has not been sufficiently talked about.) 12. What is hearsay evidence? (Evidence based on second-hand knowledge or third-party information.) 13. When may hearsay evidence be admissible? (dying declarations, confessions, admissions, statements against interest, business entries, public records, former testimony, reputations, statements about physical condition or mental state, and res gestae or statements that are part of an occurrence that has already been shown to have existed.) 14. What is a self-serving answer? (An answer which serves the purpose of the person giving the answer.) 15. Why would an attorney object to a question which calls for a conclusion or an opinion on the part of the witness? (Because the answer may be considered speculation and may not be based upon facts.) 16. What is self-incriminating testimony? (Testimony that has the effect of implicating the witness on crimes related or unrelated to the case at hand.) 17. What does it mean when an objection is made because the attorney who is doing the questioning is taking the witness on a fishing expedition? (The attorney is asking questions or seeking information that has nothing to do with the case at hand.) 18. What is privileged information? (Information that is confidential as between a husband and wife, attorney and client, clergy and confessor, and physician and patient.) 19. Why can an objection be made because of the mention of insurance? (Because the mentioning of insurance may imply that the defendant will be able to cover any losses by having the insurance company pay for the damages; in a sense it is taking the burden of responsibility off the defendant and placing it upon the insurance company to pay any monetary damages.) 20. Why would an attorney object to the introduction of certain exhibits during the course of a trial? (For a number of reasons; they may have nothing to do with the case, they may be irrelevant, inaccurate, etc.) 63

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71 Chapter 12 Quiz 1. The rules of evidence are procedural guidelines by which the attorneys and the judge conduct the litigation process. 2. Evidence is always physical in nature and constitutes a part of the record. 3. A lawyer who fails to object to evidence can later come back and object after the trial is over. 4. In some states opposing counsel is considered to have an automatic exception to court rulings adverse to his or her side of the case. 5. To mark ones notes is to somehow make a reference point to which the reporter can refer back in case of readback. 6. A blanket objection is an objection that is based upon the grounds that the question calls for a conclusion on the part of the witness. 7. An attorney may object if an answer to a question has nothing to do with the original question. 8. An attorney may not object to a question that has been answered. The objection must always occur before the answer is given. 9. An example of privileged information is information between an employer and employee. 65

72 10. Hearsay evidence may be allowed in certain circumstances. 66

73 Chapter 13 How to Mark Exhibits Questions for Discussion After reading the chapter, have the students respond to the following questions: 1. Why do you think it takes common sense and practice to be able to mark different types of exhibits? (Because there are a variety of different items that are marked as exhibits and each one may require a different method of marking.) 2. What does it mean to mark an exhibit for identification? (When an exhibit is first talked about it must be identified. This is a formal process of noting on the record an object or document which will be discussed and then, possibly received into evidence.) 3. What does it mean to receive an exhibit into evidence? (After an exhibit that has been marked for identification has been talked about, it may be offered into evidence, which means that it becomes a permanent part of the record. The exhibit is then so marked.) 4. What type of supplies should a reporter have on hand to properly mark exhibits? (An exhibit stamp, a stamp pad, small and large envelopes and plastic baggies, stapler, tags, felt-tip marker, wire ties, etc.) 5. Generally speaking, what things need to be taken into consideration in determining where to mark an exhibit? (Exhibit marking should never cover any written or textual material on the exhibit. The markings should be placed in a blank area of the document or item.) 6. Generally speaking, what information is included on the marking of an exhibit? (At a minimum, the party who presented the evidence, the assigned number or letter, the reporter's name or initials, and the date.) 7. After a reporter marks an exhibit, what should he or she do next in terms of recording the marking of the exhibit? (The information should be included on the reporter's worksheet so that the scopist or person editing the transcript will have accurate information to include in the final copy of the transcript.) 8. What information should the parenthetical include within a transcript to describe the marking of exhibits? (A brief description of the item or document, the name of the party who offered the exhibit, and the assigned number or letter.) 67

74 9. What happens to deposition exhibits at the end of the deposition? (The attorney providing the exhibit may request that the reporter keep them on file and include them as part of the original deposition, or the attorneys may retain the exhibits.) 10. What happens to trial exhibits at the end of the day? (Exhibits are usually maintained by the clerk of the court. In some cases the reporter may keep them.) 68

75 Chapter 13 Quiz 1. Exhibits are material items of physical evidence introduced by attorneys to corroborate or confirm oral testimony. 2. Physical evidence is limited to those items which are manageable in a court of law; excessively large items are not allowed. 3. Photographs that are marked as exhibits can never be physically marked because it may distort the picture, therefore, they are simply referred to with no marking on them at all. 4. Most exhibits are usually marked for identification before they are received into evidence. 5. Some exhibits may be marked as units or groups; for example, a file containing hundreds of sheets of paper may be marked with one marking. 6. It is permissible for an attorney to continue to question a witness while the court reporter marks exhibits that were offered into evidence. 7. In some courts, numbers are used to mark plaintiff exhibits and letters used to mark defendant exhibits. 8. Some courts will use a combination of letters and numbers to mark exhibits, the letter corresponding to the party presenting the evidence; for example, "P" for plaintiff, "S" for state, "C" for complainant, and so on. 69

76 9. It is never permissible to substitute a copy of a document when the original is obtainable. 10. The court reporter always marks all exhibits and keeps them in his or her possession. 70

77 Chapter 14 How to Read Back and Testify Questions for Discussion After reading the chapter, have the students respond to the following questions: 1. How has realtime translation changed the concept of readback situations in court? (When a reporter is asked to read back, he or she does not have to search through the shorthand notes. Instead, the questions and answers are already transcribed and viewable either on the video screen or in the reporter's window.) 2. How does one practice reading back? (As students, read back everything that you can.) 3. What is a readback voice? (A voice that can be heard by everyone in the room. Learning to project one's voice. Reading "out" rather than reading "to" one's notes.) 4. Why is it important to take one's time in reading back testimony? (It allows the reporter to control the situation, to read back with better accuracy; it also allows the people listening to hear better when it is not rushed.) 5. Discuss three different situations where a readback is inevitable. (The original question needs to be rephrased; a witness does not hear the question; a witness may want more time to think about an answer and request it be read back; a witness may give an answer that requires the question and answer to be read back; an objection may result in the reading back of the question; previous testimony may need to be read back for clarification, etc.) 6. In your own words, discuss how to read back your notes. (Read back only what is in your notes, read back the best you can, pause if you need to; read back slowly, deliberately, and loudly.) 7. Discuss some things that need to be taken into consideration when finding and marking readback spots within your notes. (When shorthand notes are used, some reporters use a special device to mark their notes, others will put a paper clip or small piece of paper within their notes. Most realtime or computerized shorthand machines now have the capability of marking spots within notes.) 8. Why would it be necessary for a court reporter to testify in open court concerning his or her transcript or shorthand notes? (In order to testify about the accuracy of their notes or 71

78 transcript, in order to impeach a witness, or in order to inquire into certain circumstances surrounding the testimony of a witness.) 72

79 Chapter 14 Quiz 1. One of the most important responsibilities of the court reporter is the ability to read back when requested. 2. Sometimes whole court sessions will go by without anyone asking for a single readback. 3. A good practice to follow when reading back is to direct one's voice at the shorthand notes or shorthand machine while reading. 4. When reporters are asked to read back, they should read back as quickly as they possibly can in order to show everyone that they got everything. 5. In courts of law, it is proper for the attorneys to ask the judge to have something read back. 6. Most reporters will not read back words that are "off color," but will instead substitute more acceptable words that are not offensive. 7. Good reporters read back with authority, vigor, and clarity so that there is hardly any question as to the accuracy of what is being read back. 8. Sometimes court reporters may be required to testify in open court regarding the accuracy of their notes or transcripts. 9. If an attorney asks you if you ever made a mistaken when taking dictation or transcribing, you should indicate that you always write and transcribe with 100 percent accuracy. 73

80 10. As a general guideline, if a reporter is asked to testify, he or she should testify with honesty and integrity. 74

81 Chapter 15 How to Produce the Transcript Questions for Discussion After reading the chapter, have the students respond to the following questions: 1. What are some of the most commonly observed rules in producing the transcript as far as formatting is concerned? (25 numbers lines/page, double spaced body, Q and A format, Colloquy format, type of examination noted, acceptable margins, left bound, standard pitch, reporter s information included, consecutively numbered.) 2. In your own words, describe how realtime translation produces an immediate transcript. (The notes that are taken on the shorthand machine are automatically translated into English words by using the software dictionary that is part of the realtime software package. The English words appear on the computer monitor in their proper format. Some editing may be required.) 3. What vital information goes on the title page of a transcript? (Venue, style, names of parties, case number, short description, date taken, judge, and reporter.) 4. What information is included in the appearance section of a transcript? (The names, title, addresses, phone numbers, etc. of attorneys present at the proceeding, and who they represent or what their interest is in the case.) 5. What is the purpose of the index page? (To chronologically list the items of importance that occurred during a proceeding and their page references within the transcript. It includes not only witnesses and exhibits, but in some cases, motions, certified questions, requests, opening and closing statements, and the verdict.) 6. What does the stipulation page contain? (The stipulations made among the counsel at the beginning of a deposition.) 7. Within the body of the transcript, what is colloquy as opposed to testimony? (Testimony is the direct questioning of a witness and his or her answers. Colloquy may be defined as any other conversation that takes place among the attorneys present and the Court.) 8. What is the reporter's certificate? (The final page of a transcript that verifies the fact that the reporter took the dictation and transcribed it. It is dated and signed by the court reporter.) 75

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83 Chapter 15 Quiz 1. The ultimate goal of the court reporter should be: a. to get paid b. to produce an accurate transcript c. to finish the job as quickly as one can d. to get as many jobs as one can in order to make as much money as possible 2. As a general rule, transcripts should contain how many doubled-spaced lines per page: a. 25 b. 28 c. 50 d As a general rule, colloquy should be keyed at the third tab which is how many spaces from the right margin: a. 15 spaces b. 10 spaces c. 5 spaces d. none of the above 4. Transcripts are usually: a. bound at the right b. bound at the left c. bound at the bottom d. left unbound 5. Blank or lined, unnumbered pages that appear at the back of a transcript are called: a. extra sheets b. blank pages c. lawyer s notes d. reference pages 6. The title Esquire is reserve for: a. both male and female lawyers b. male lawyers only c. female lawyers only d. only lawyers who have been commissioned 7. The names of the attorneys who are present at a proceeding are usually listed on which page of the transcript? a. title page b. appearance page 77

84 c. stipulations page d. certificate page 8. The abbreviation Esq. usually appears with an attorney's name in what position? a. before the name of the attorney, followed by a period b. before the name of the attorney, followed by a comma c. after the name of the attorney, preceded with a comma d. after the name of the attorney, preceded with a period 9. An index usually is listed: a. alphabetically b. chronologically c. randomly d. variably 10. Conversation among counsel and the Judge which occurs during a proceeding is referred to as: a. testimony b. conversation c. examination d. colloquy 78

85 Chapter 16 How to Invoice and Deliver the Transcript Questions for Discussion After reading the chapter, have the students respond to the following questions: 1. In your own words, define what a transcript is. (The transcript is the accurate, verbatim record of a proceeding, printed in a readable format that is both attractive and durable.) 2. What are some qualities that make a good transcript? (Professional appearance, neat, clean, error free, and permanently bound.) 3. Why is it important to get a request for a trial transcript in writing? (Because it is good business practice. If the request is not in writing and you were to spend countless hours producing a transcript and the attorney suddenly decided that he or she did not want the transcript, you would be out all of the time and effort that you placed in producing the transcript.) 4. Discuss one way of estimating the cost of a transcript. (Compare the number of produced transcript pages with the amount of notes and use that as a guide. Compare one inch of notes to the number of produced transcript pages. Or, divide the total number of steno notes folds by two; this roughly equals the number of pages of transcript. 5. Discuss how a transcript might be assembled for delivery. (Transcripts are printed on letter-quality, high speed laser printers on good quality transcript papers. Some states allow insertion of exhibits within the bound transcripts, other states may require exhibits to be bound separately.) 79

86 Chapter 16 Quiz 1. The person who is responsible for the accuracy and delivery of the transcript is ultimately the: a. clerk of the court b. office manager c. lawyer for the defendant d. court reporter 2. Court transcripts are usually delivered to: a. the attorney for the defendant b. the judge c. the clerk of the court d. the attorney for the plaintiff 3. Exhibits that are a part of the record are: a. never included with the original transcript b. sometimes bound with the original transcript c. always deleted from the record d. left to the discretion of the court 4. Which of the following is NOT a suitable form of binding a transcript: a. fused plastic prongs b. plastic spiral binding at the left c. metal brads d. staples covered with scotch tape 5. A volume usually consist of how many pages: a. 300 b. 400 c. 500 d The percentage of errors usually allowed on a professionally produced transcripts is: a. 5 percent b. 1 percent c. 0 percent d..25 percent 7. Court trials are: a. always transcribed b. transcribed only at the request of the court or other party c. never transcribed 80

87 d. transcribed at the pleasure of the court reporter 81

88 8. Request for a copy of a trial transcript should be made to the court reporter: a. in writing b. over the phone c. in casual conversation with the lawyers who wants the transcript d. only after the judge approves the person requesting the transcript 9. The Pauper s Oath refers to: a. a person who is not old enough to take the oath in court b. a person who is noted for telling lies under oath c. a person who refuses to swear must take an affirmation d. a person who cannot afford a transcript will be given one and the reporter will be paid at the county or court rate 10. A pro bono case is: a. a case tried by a lawyer who is not yet accepted into the bar of that state b. a case tried by a lawyer with additional charges c. a case tried by a lawyer with no charge d. a case tried by a lawyer who under suspension 82

89 Chapter 17 How the Trial Transcript Looks Questions for Discussion After reading the chapter, have the students respond to the following questions: 1. Discuss the make of the transcript the different parts of the transcript. (The transcript is made up of a title page, appearances, index, body, and certificate page.) 2. Discuss what is included on the title page of a trial transcript. (Caption, venue, parties, description of proceeding, judge, reporter.) 3. What information is included in the appearances section of a transcript? (Attorneys and who they represent, their addresses.) 4. Discuss the index of witnesses. (Responses will vary from student to student, but reference should be made to the dividing of a witnesses testimony into direct, cross, redirect, recross; the fact that not all categories of examination are always used; and the division of witnesses as called by plaintiff and defendant.) 5. Discuss the index of exhibits. (Responses will vary from student to student, but reference should be made to the dividing of exhibits into the categories of identification and evidence; the separation of exhibits into plaintiff s and defendant s, and the fact that all exhibits are briefly described.) 6. Discuss colloquy versus Q and A setup. (Colloquy is indented three tabs in (15 spaces) with second and subsequent lines at the left margin; Q and A is indented one tab in (5 spaces) with second and subsequent lines at the left margin.) 7. Why is the certificate page a vital part of the entire transcript. (Because it speaks to the ability and integrity of the reporter, the fact that he/she did an accurate job to the best of their ability.) 83

90 Chapter 17 Quiz 1. Transcript page numbers usually start over again from one (1) at the beginning of each new witness. a. true b. false 2. The certificate page is always signed by the person who did the editing or scoping. a. true b. false 3. The name of the attorneys appear on the appearances pages. a. true b. false 4. An index should always be arranged in chronological order as opposed to alphabetical order. a. true b. false 5. All witnesses must undergo direct, cross, redirect, and recross examination. a. true b. false 6. An exhibit received for identification may or may not be marked into evidence. a. true b. false 7. Speaker identification in colloquy is indented 15 spaces from the left margin and typed in all capital letters. a. true b. false 8. Examination Identification at the beginning of a witness s testimony is typed in all capital letters at the right margin. a. true b. false 9. Q and A material is usually indented five spaces from the left margin. a. true b. false 10. Line numbers on any particular page always begin with the number 1. 84

91 a. true b. false UNIT EVALUATION NO. 3 Name Date Part I Short Answer 3 points each Write in the correct answer for each of the following questions. Use complete sentences where called for. 1. What happens if a person refuses to take an oath because of his/her religious beliefs? 2. Explain the use of STKPWHR- and -FRPBLGTS as they relate to the court and realtime reporter. 3. Explain the use of syllabic designations in court and realtime reporting. 4. List and define the two broad categories of parentheticals as they relate to the court reporter s transcript. 5. Briefly explain what a motion is. 6. What is the difference between a judge overruling an objection and sustaining an objection? 7. What is a blanket objection? 85

92 8. What does it mean to impeach a witness? 9. What is the difference between marking an exhibit for identification and receiving an exhibit into evidence? 10. What is meant by developing a readback voice? 11. Explain how to read back off-color language or slang used in a courtroom? 12. When a court reporter reads testimony back to a jury, what portions are left out? 13. Give an example of a reporter's oath used at a deposition or statement. 14. What shorthand symbol would you use to designate the beginning of direct examination by the attorney for the plaintiff? 15. List three different criteria that are used to make speaker identification symbols; for example, an alphabetic designation would be STPHAO. 16. What is the difference between oral exhibits and physical exhibits? 17. What information should go on the exhibit marking? 86

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94 18. Where might the exhibit marking be placed on a photograph? 19. How are large objects marked as opposed to very tiny, minute objects? 20. List three principles to follow in reading back questions and answers or portions of testimony. Part II Short Answer 2 points each Write a parenthetical for each of the following: 1. A voir dire parenthetical: 2. A parenthetical invoking the rule: 3. A parenthetical polling the jury: 4. A parenthetical indicating a recess taken: 5. A parenthetical indicating an off-the-record discussion: 6. A parenthetical showing the marking of an exhibit for identification: 88

95 7. A parenthetical indicating the reading of a deposition into the record: 8. A parenthetical showing the reading back of the last question and answer: 9. A parenthetical showing a phonetic spelling: 10. A parenthetical indicating an answer that has no verbal response: 11. Any parenthetical showing action on the part of the witness: Part III Matching 1 point each From the list of detractors, place the proper letter that corresponds to the correct answer for each of the following. Not all detractors are used. a. objections to expert witness q. leading and suggestive b. mention of insurance r. facts not in evidence c. objections as a result of surprise s. incompetent, irrelevant, immaterial d. attempt to impeach own witness t. motion to strike e. calls for expert testimony u. motion to view premises f. taking witness on fishing expedition v. motion to dismiss complaint g. badgering the witness w. motion for writ of habeas corpus h. evidence speaks for itself x. motion to disqualify a judge i. privileged information y. motion in limine j. narrative form of testimony z. motion for a bill of particulars k. illegally obtained evidence aa. motion for a change of venue l. self-incriminating testimony bb. motion for a continuance of case m. compound and complex question cc. motion to amend pleadings n. self serving answer dd. motion for a new trial o. hearsay evidence ee. motion to compel 89

96 p. nonresponsive answer 1. A motion requesting something be added or deleted to a pleading. 2. A motion asking that the location of the trial be changed. 3. A motion made at the beginning of a trial 4. A motion requesting a detailed account of charges made against the defendant. 5. A motion inquiring into the reason for detention of a defendant. 6. A motion to visit the place where a crime occurred. 7. A motion made to require opposing party to perform some act. 8. An objection made when the answer of the witness does not comply with the question asked. 9. An objection made when the question asked by the attorney may color the answer given by the witness. 10. An objection made when the question asked by the attorney is confusing. 11. An objection made when the answer given by the witness tends to help his or her own cause. 12. An objection made to a question because the answer may call for testimony concerning what somebody else said or heard. 13. An objection made by a client's attorney because the testimony given by the witness may result in his client being charged with a crime. 14. An objection made by an attorney against the testimony given by a witness because the testimony is confidential communications. 15. An objection made by one attorney against the questioning by the other attorney on the grounds that the testimony goes far beyond the scope of the lawsuit. 16. An objection to evidence which was not properly obtained. 17. An objection made to a hypothetical question that does not parallel the case at hand. 90

97 18. Often referred to as a blanket objection. Section C Freelance Reporting 91

98 Chapter 18 The Working Environment of the Freelance Reporter Questions for Discussion After reading the chapter, have the students respond to the following questions: 1. In your own words, describe what a freelance reporting agency is. (The answer should reflect the student's appreciation of the textbook definition. It should include the fact that it is a organization or company that hires reporters to do individual work.) 2. What would you consider the ideal size for a freelance agency? How many reporters would the agency employ? (This is a highly personal opinion. Some students may prefer a small agency, some may prefer a large agency.) 3. What are some differences between a full-time employee, a part-time employee, and an independent contractor? (Full-time employees usually receive benefits, part-time employees do not receive benefits, independent contractors are required to take out their own federal and state income tax, etc.) 4. What are some advantages of working as an employee of an agency rather than an independent contractor? (Although the answer may reflect personal opinions on the part of the students, the fact that employees receive benefits should be one of the advantages.) 5. What are some of the advantages of working as an independent contractor? (Although the answer may reflect personal opinions on the part of the students, the fact that independent contractors more or less work when and where they want should be stressed.) 6. Why would a company offer more benefits to its full-time employees rather than those who are hired as independent contractors? (Because full-time employees are considered part of the company or agency and tend to work more for the betterment of the organization.) 7. What are some of the benefits an agency may offer its full-time employees? (Retirement benefits, paid holidays and vacations, financial interest in the company, insurance, special incentives, etc.) 8. What benefits would you consider as essential when working for a company or agency? (The answer to this question may reflect the student's own personal opinion.) 92

99 9. What is a reporter/agency split? (The percentage of money that goes to the agency as compared to the percentage of money that goes to the reporter.) 10. Do you think it is fair that a company will keep part of the money that you make for doing a deposition or trial? Why or why not? (Although this answer is personal, it should reflect that the company or agency is entitled to a certain amount of money for its overhead costs, as well as the fact that the company needs to make a profit in order to keep in business.) 11. What would you consider a fair split between the reporter and agency? What factors may go into determining what the split will be? (This response is personal in nature, but should be reasonable with respect to how it is determined.) 12. What is the difference between a "home office" when working for a freelance agency and an office at home when working as an independent contractor? (A home office is an company or agency office where the reporter might go to in order to work on transcripts, etc.; while an office at home refers to the reporting working out of his or her own apartment or house.) 13. Would you prefer to work at the home office or at an office at home? Why? (This response will be personal and depend upon the opinion of the student.) 14. What are some of the items that a freelance agency may offer to its employees? (Use of computerized shorthand machines, use of company computers and software, steno paper, printer, ribbons, stationery supplies, etc.) 15. List some of the items you would prefer a freelance agency supply you with if you were working for them. (This response will be personal in nature and will depend upon the opinion of the student.) 16. Do you think that it is fair that the more equipment and supplies an agency offers its employees, the more money they would take for their split? Why or why not? (Although the response to this question is personal, it should reflect the fact that the agency has to pay for the supplies and equipment in some way. The response should be fair for all parties concerned.) 17. Would you prefer more equipment and supplies and a greater split or a lesser split with few supplies and equipment? Why? (The answer will depend upon the student's own personal viewpoint.) 18. Would you prefer to work for Agency "A," Agency "B," or Agency "C"? (The answer will reflect the student's own personal opinion.) 93

100 19. What influenced your decision? (The answer will reflect the student's personal opinion.) 20. List the ideal agency that you would prefer to work for when you graduate. (The answer will reflect the student's personal opinion.) 21. What is meant by the statement "self-employment is not for everyone"? (Basically, it means that while some people are very comfortable working for themselves and have a great deal of discipline and self-drive; others prefer to work in a very structured environment where they do not have to worry about the normal everyday problems of running a business.) 22. List the top three reasons you would want to become a self-employed freelance reporter. (The response by the students will be highly personal, but it should take into consideration some of the advantages listed in the textbook.) 23. List three reasons why you would not want to become a self-employed freelance reporter. (Again, the response will be personal in nature, but should take into consideration the disadvantages mentioned in the chapter.) 94

101 Chapter 18 Quiz 1. When working as an independent contractor for a freelance agency, one of the advantages may be: a. all expenses are paid by the employer b. usually paid vacations c. all insurance is covered d. you may work when and for whom you want to 2. When considering an agency fee split, which party should receive the greatest percentage of the money from a particular job? a. the reporter b. the agency c. it should be even 50/50 d. neither the reporter nor the agency 3. Which of the following is usually not a benefit offered to full-time employees by reporting agencies? a. medical and dental insurance b. use of company reference books c. free lunches d. paid holidays and vacation time 4. When being employed by a freelance reporting agency, employee status refers to: a. how long a reporter has worked for the firm b. what kind of jobs the reporter will get with the agency c. whether a reporter is considered full time, part time, or an independent contractor d. the ability of the reporter to do both court work and freelance work 5. A person employed by an agency to perform certain services and for whom no deduction is made for taxes or Social Security is referred to as a (an): a. part-time employee b. full-time employee c. agency worker d. independent contractor 6. Pressures and stress are involved in handling the responsibilities of owning one's own business. a. true b. false 7. The work of an independent freelance reporter is much the same as the agency freelance reporter. 95

102 a. true b. false 8. Most self-employed freelance reporters do not have to pay any taxes. a. true b. false 9. Most self-employed freelance reporters will put a portion of their profits back into the business. a. true b. false 10. A business sense is not necessary when handling the responsibilities of owning a business. a. true b. false 96

103 Chapter 19 Terminology of the Freelance Reporter Questions for Discussion After reading the chapter, have the students respond to the following questions: 1. In your own words, describe what a deposition is. (Although the answer will reflect the student's own conception of what a deposition is, it should contain those elements as found in the textbook including the fact that is used for discovery purposes before trial, it is given with notice to the opposing party for the purpose of cross examination, and it is taken under oath.) 2. Why do you think there is no judge present at a deposition? (Although the response may reflect the student's own conception of what a deposition is, the answer should mention the fact that it is a method of bringing out factual information before the trial begins a discovery process. Although rules and regulations are followed, questions regarding legal matters can be ruled upon before a judge, if necessary.) 3. What is the difference between depositions taken upon oral examination and those taken upon written questions? (A deposition taken upon oral examination takes place when an attorney asks a witness a series of questions and the witness responds to those questions verbally. Depositions taken upon written questions are depositions where the questions are already written out and the witness responds either verbally or in writing. 4. What does the phrase "de bene esse" mean? ("For the good of the record," or "for perpetuation of testimony.") 5. List some situations where the deposition of a person may be used at a trial when he or she may not be able to appear in person. (Doctors, important business people, heads of states or presidents, etc.) 6. In your own words, describe the purpose of a discovery deposition. (The student's response should reflect the fact that the discovery deposition is used to bring out all of the facts pertaining to a particular litigation. The purpose is to limit the scope of issues to the matters at hand.) 7. Why do you think discovery depositions are so important in the administration of justice? (They save time and money by bringing out only the important things that will be discussed at the time of trial. In some cases, depositions lead to settlement before trial.) 8. In your own words, describe a deposition in aid of execution. (The response should 97

104 reflect the fact that it is used to list the assets of a losing party in order to determine how property or assets will be distributed.) 9. What is the purpose of a disclosure deposition? (To reveal financial information regarding the parties to a suit.) 10. What is the difference between a deposition on written questions and written interrogatories? (Although similar in nature, the main difference is the fact that at the deposition on written questions the person required to answer the questions must appear by subpoena.) 11. In your own words, define a deposition on written questions. (The student's answer should reflect the fact that it is a series of written questions or interrogatories where the witness is compelled to answer the questions before a designated officer, usually in the presence of a court reporter.) 12. If written notice of a deposition is not required, how are most depositions arranged? (Usually by contact between attorneys, either by telephone or in writing.) 13. How does a reporting agency maintain a schedule of reporters' job assignments? (By keeping an appointment book or scheduler in the main office. Sometimes an office manager will be responsible for assigning jobs to reporters.) 14. In your own words, define a written Notice of Deposition. (The response should include the fact that it is an official written document which has the title, venue, litigants, person giving notice, person before whom testimony will be taken, time and place of deposition, names of those who will give testimony, and the matters upon which each person will testify.) 15. What is the purpose of a subpoena duces tecum? (To compel a witness to bring documents with him upon which he or she will testify.) 16. In your own words, define what interrogatories are. (The response should include the fact that they are questions that are written and sent to the examining party.) 17. Can interrogatories be answered either orally or in writing? (Yes.) 18. List some common occurrences where written interrogatories may be used. (Securing medical records or other business records from a custodian of the records, standard questions asked in accident cases, etc.) 19. In your own words, define what a statement is. (The response should include the fact that it is a person's account or recollection of the happenings surrounding an incident. The person giving the statement may or may not be sworn.) 98

105 20. List some occurrences when a statement might be given. (Witnesses to accident, personal accounts of incidents by people involved, a defendant's statement regarding a crime, etc.) Chapter 19 Quiz 1. Which of the following is not the usual method of calling a deposition? a. affidavit b. notice c. commission d. order of the court 2. Another name for a disclosure deposition is: a. discovery deposition b. deposition in aid of execution c. de bene esse deposition d. interrogatory 3. A motion to quash in an interrogatory refers to: a. securing records b. not answering a written question c. asking for more time to answer a question d. testifying regarding certain documents brought to the deposition 4. A type of reporting that may require the court reporter to travel to different scenes with an interviewer and canvass witnesses stories is what type of reporting? a. deposition reporting b. legislative reporting c. statement reporting d. official reporting 5. A justice reporter is: a. an official reporter serving in the capacity of a freelance reporter b. a freelance reporter serving in the capacity of an official reporter c. an official reporter serving in the capacity of an official reporter d. a freelance reporter serving in the capacity of a freelance reporter 6. De bene esse means: a. one party or one sided b. for the benefit of time c. for the good of the record d. in the judge s chambers 99

106 7. Attendance of a witness for a deposition can be ordered by: a. subpoena b. summons c. writ of habeas corpus d. affidavit 8. Interrogatories are a type of examination where questions are: a. already answered b. read orally to the party by the defendant c. already written d. limited in number 9. Some police departments hire freelance reporters to report criminal confessions and a. affidavits b. subpoenas c. summonses d. statements 10. When a person is confronted with testimony that is different than that given previously, that person is said to be: a. arraigned b. sentenced c. summoned d. impeached 100

107 Chapter 20 Reporting a Typical Deposition General Information Questions for Discussion After reading the chapter, have the students respond to the following questions: 1. In your own words, define what a deposition is. (A method of taking the sworn testimony of witnesses or parties to a litigation before trial, given with notice to the opposing side for the purpose of cross examination.) 2. What are some important things that need to be taken into consideration before a reporter goes on a deposition? (Obtain directions, be prepared by making sure that all equipment and supplies are in order, get pertinent information such as the name of the case, the attorneys, the length of the deposition, the number of witnesses, the pleadings in the case, etc.) 3. What are some important things that need to be taken into consideration when a reporter arrives at a deposition? (The reporter should introduce himself or herself to all parties and hand out business cards. A copy of the pleadings should be obtained if the reporter does not have them already. Equipment should be set up properly. Stipulations and swearing in of the witness should be properly conducted. The examination of witnesses and the presentation of exhibits should follow in an orderly fashion. All certified questions should be so marked, etc.) 4. What are some important things that the reporter needs to be concerned about after a deposition has concluded? (Who will take care of the deposition exhibits, whether or not a retroactive oath is necessary, when the transcript is due for trial, any special requests from the attorneys involving litigation support, how will the signing of the deposition and filing of the original be handled if they have not been waived, who will be charged for what portion of the deposition, etc.) 101

108 Chapter 20 Quiz 1. Depositions are taken by notice or by agreement between the parties. 2. Reporters should have a basic check off sheet containing a list of items and supplies that are necessary for reporting. 3. It is a good idea to get a copy of the pleadings before going to a deposition because the pleadings contain a wealth of information about a particular case. 4. One of the most important pieces of information that a reporter needs to get before a deposition begins is who will be charged for the deposition and how they will pay. 5. A freelance court reporter should never hand out business cards at a deposition because it is considered to be unethical. 6. Most reporters do not have to worry about carrying an extra battery for their steno machine or their laptop computers. 7. It is an automatic rule that all off-the-record discussions are never reported by the court reporter. 8. A court reporter is not allowed to ask for correct spelling of proper names during or after a deposition. 9. It is assumed that the court reporter will keep all deposition exhibits until the time of trial. 102

109 10. The reporter may have to give a retroactive oath to a deponent who was not sworn in at the beginning of a deposition. 103

110 Chapter 21 Deposition Reporting Things to Consider Questions for Discussion After reading the chapter, have the students respond to the following questions: 1. What does the phrase usual stips refer to? (The usual stipulations are agreements among the attorneys present at a deposition or hearing.) 2. List three usual stipulations that attorneys might agree to at the beginning of a deposition. (1. The taking of the deposition before any notary or before the assigned court reporter; 2. All objections are waived except the form of the question; 3. The reading and/or signature of the deposition by the witness is waived; 4. That the signature of the witness may take place before any notary; 5. The filing of the deposition is waived; etc.) 3. Where are stipulations placed in the completed transcript of a deposition? (Usually placed at the beginning of the transcript; however, some states allow the stipulations to appear at the end of the transcript.) 4. What is a notary public? (A notary public is an officer whose duty is to attest to the genuineness of legal instruments so that they can be used in courts of law.) 5. Give an example of a typical oath used by a reporter at a deposition. ( Do you solemnly swear that the testimony you are about to offer regarding this cause hereinunder consideration shall be the truth, the whole truth, and nothing but the truth, so help you God? ) 6. What does the phrase certify the question mean? (To certify the question means that the reporter will extract the question from the deposition by transcribing it on a certification page containing the venue, the name of the deponent and reporter, and the objectionable portion. This certificate page will then be taken to the judge who has jurisdiction in the matter and he or she will rule upon whether the question has to be answered.) 104

111 Chapter 21 Quiz 1. Generally speaking, a deposition stipulation is: a. an agreement between one attorney and the court b. an agreement between an attorney and his or her client c. an agreement between the plaintiff and the court d. an agreement among all parties involved 2. The usual stips generally occur: a. at the beginning of a trial b. at the end of a trial c. at the end of a deposition d. at the beginning of a deposition 3. A stipulation to the fact that all objections will be waived except as to the form of the questions is an example of which type of stipulation? a. stipulation of fact b. stipulation of evidence c. usual stipulation d. trial stipulation 4. When stipulations are dictated to the reporter at the beginning of a deposition, they are usually dictated by: a. either or both attorneys b. the plaintiff s attorney c. the defendant s attorney d. the judge 5. The usual stipulations for a deposition are usually placed: a. at the beginning of the transcript b. at the end of the transcript c. whenever they occur during the deposition d. as the very first page of the transcript 6. If the signature of a witness is not required on a transcript of a deposition, it must be: a. stipulated to by both sides b. ordered by the court c. signed in the presence of any notary d. nothing is done 105

112 7. Probably, the best place for a reporter to be seated in relation to a witness is: a. as far away as possible to a good overall view b. next to the attorney who is not questioning the witness c. next to the attorney doing the questioning d. near the witness and beside or across from the questioning attorney 8. Extra people who are present at a deposition may include any of the following except: a. insurance adjusters b. family members c. the judge d. co-counsel 9. The best type of chair for the court reporter to sit in during a proceeding is: a. a straight chair with no arms b. a stool c. a soft, cushiony easy chair d. a large, hard-bottomed chair with arms rests 10. A notary public: a. is always a court reporter b. is an officer whose duty is to attest to genuineness of legal instruments c. is always the judge before whom the matter is being tried d. can be either the plaintiff or the defendant 106

113 Chapter 22 The Deposition Transcript Transcribing, Invoicing, and Delivery Questions for Discussion After reading the chapter, have the students respond to the following questions: 1. What does the reading and singing of a deposition transcript entail? (The deponent must read the document and then sign it, attesting to the fact that what is in the transcript is what he said at the deposition.) 2. What is an errata sheet and how is it used in relation to deposition transcripts? (A list of changes made by a witness after he has read his or her deposition; also called a correction form. Each change must list page and line number and give a reason for the change.) 3. Discuss the differences among ordinary copy, expedited copy, and daily copy. (Ordinary copy is delivery in five business days to two weeks; expedited copy is delivery within three business days; and daily copy is delivery the same day. There are also different categories of expedited and daily copy.) 4. Discuss the filing of a deposition with the clerk of the court. (The reporter places the original of the deposition and exhibits in an envelope. The outside of the envelope is marked with the case number, venue, title, deponent, date taken, costs, and by whom taken. Notarization may be required. The original copy is then delivered to the clerk of the court and copies to the attorneys.) 107

114 Chapter 22 Quiz 1. If a witness does not read and sign a deposition before trial date. a. the deposition is no good b. the deposition still has the same force and effect as if read and signed c. the deposition must be taken over again d. he or she will be held in contempt of court 2. Daily rush copy is copy delivered: a. by 9:00 am the same day b. by 9:00 pm the same day c. by 5:30 am the next day d. by 9:00 am the next day 3. The original deposition may be required to be filed with: a. the judge who has jurisdiction over the matter b. the lawyer who called the deposition c. the opposing lawyer d. the clerk of the court 4. The deponent is: a. the person who gave the testimony under oath at the deposition b. the lawyer who called the deposition c. any witness who refuses to testify d. any notary public before whom the deposition is signed 5. If attorneys have not stipulated that the signature of the person giving testimony is waived, you must: a. submit proof along with the deposition that the signature is waived b. assume that the stipulation was forgotten and therefore not get signatures c. obtain the signature of the witness d. ask the attorney who did the questioning to get the required signature 6. If a witness feels as though errors have been made in a transcript, he or she may: a. request a new deposition be held b. request a new reporter c. inform the reporter who will fill out an errata sheet d. do nothing 7. If a deposition reporter works for an agency, most invoicing of the transcript will be done: a. by the individual reporter b. by the lawyer who called the deposition 108

115 c. by the opposing attorney d. by the office manager of the agency 8. Expedited copy is delivery of the transcript: a. the same day b. the next day c. within three business days d. within two hours 9. A fee that is charged by reporting agencies when no testimony is taken is called a/an: a. appearance fee b. copy fee c. ASCII fee d. pro bono fee 10. If filing a deposition with the clerk of the court is required, the original is filed with the clerk: a. within the jurisdiction of the matter b. any court c. the court of appeals d. the highest court within the state 109

116 Chapter 23 How the Deposition Transcript Looks Questions for Discussion After reading the chapter, have the students respond to the following questions: 1. Is there any difference between the transcript of a trial and a deposition? Discuss the make of the transcript the different parts of the transcript. (There is no basic difference. The transcript is made up of a title page, appearances, index, body, and certificate page.) 2. Is there any difference between the title page of a transcript of a trial and a deposition? Discuss what is included on the title page of a transcript. (There is no basic difference. Caption, venue, parties, description of proceeding, judge, reporter.) 3. What information is included in the appearances section of a transcript? (Attorneys and who they represent, their addresses.) 4. Discuss the index of witnesses. (Responses will vary from student to student, but reference should be made to the dividing of a witnesses testimony into direct, cross, redirect, recross; the fact that not all categories of examination are always used; and the division of witnesses as called by plaintiff and defendant.) 5. Discuss the index of exhibits. (Responses will vary from student to student, but reference should be made to the dividing of exhibits into the categories of identification and evidence; the separation of exhibits into plaintiff s and defendant s, and the fact that all exhibits are briefly described.) 6. Discuss colloquy versus Q and A setup. (Colloquy is indented three tabs in (15 spaces) with second and subsequent lines at the left margin; Q and A is indented one tab in (5 spaces) with second and subsequent lines at the left margin.) 7. Why is the certificate page a vital part of the entire transcript. (Because it speaks to the ability and integrity of the reporter, the fact that he/she did an accurate job to the best of their ability.) 110

117 Chapter 23 Quiz 1. The title page of a deposition will always list the defendant versus the plaintiff rather than the plaintiff versus the defendant. 2. The name of the deposition reporter is omitted in the original transcript of a deposition. 3. The name of the attorneys appear on the certificate page. 4. There is never an index of exhibits for a deposition transcript. 5. Deposition stipulations may appear on a separate page after the index page of the transcript. 6. Parentheticals are included with a deposition transcript in the same way they are included in a trial transcript. 7. Speaker identification in colloquy is indented 15 spaces from the left margin and typed in lower case letters with initial caps. 8. The Certificate page of a deposition is always included at the beginning of the transcript. 9. The Certificate page is signed by the reporter who did the deposition. 111

118 10. Usually the last page of the deposition transcript is the appearance page. UNIT EVALUATION NO. 4 Name Date Part I Short Answer 5 points each Write in the correct answer for each of the following questions. Use complete sentences where called for. 1. Briefly describe what a court reporting freelance agency is. 2. Briefly describe what an independent contractor is in relation to freelance reporting. 3. What are some employee benefits that an agency may offer to its employees? 4. What is a reporter/agency split fee? 5. What is meant by the statement that freelance work may be feast or famine? 6. What is a self-employed freelance reporter? 7. Why is it important for a reporter to obtain the pleadings of a case before a deposition begins? 112

119 8. What are some usual stipulations that may be agreed upon at a deposition? 9. What is a notary public? 10. Give an example of a typical oath that a reporter may used at a deposition or statement. Part II True or False 2 points each Write in T for all statements that are true or F for all statements that are false: 1. A deposition is also called an XBT? 2. Depositions make up the majority of the daily activity for most freelance reporting firms. 3. Ee bene esse literally means to speak the truth. 4. Discovery depositions are reported before a trial begins to elicit evidence that will give information concerning the facts surrounding the litigation. 5. The defendant is the person who brings an action against another person. 6. Depositions in aid of execution may be taken before a case is started in order to help fulfill a court order that resulted from the case after trial. 7. Depositions on written questions are similar to interrogatories except the person answering the questions is required to appear by summons. 8. A subpoena duces tecum is subpoena requiring the witness to bring certain written books, records, or other objects with him to testify. 9. Interrogatories are a type of examination or method of discovery where questions are already written and sent to the examining party. 10. Statements do not carry the same force of a deposition, but they are helpful for impeachment purposes. 11. The deponent in a deposition is the lawyer who called the original deposition. 12. There are a variety of things that the freelance reporter needs to bring to the deposition 113

120 site, however, one thing the reporter does not have to bring is exhibit marking equipment since exhibits are rarely marked at depositions. 13. Freelance reporters at depositions do not use a worksheet. 14. Freelance reporters are usually responsible for swearing in the witnesses at a deposition. 15. Depositions are never reported verbatim. 16. If a witness begins to speak too rapidly or says something that is not understandable, the reporter should stop the witness and ask him or her to repeat their answer. 17. Off-the-record discussions are always reported by the reporter. 18. Some attorneys will expect the court reporter to keep and maintain all exhibits introduced for identification and then include them in the transcript. 19. Reporters should sit at a chair that has a straight back with armrests. 20. The phrase usual stips refers to the usual orderly method of calling witnesses. 21. Deposition stipulations are usually placed at the beginning of the transcript. 22. While an affirmation may be used in a court of law, it may be not bused at a deposition because there is no judge present. 23. All objections made during a deposition must be reported verbatim. 24. When an attorney requests that the reporter cite the question he or she means that the questions is to be certified. 35. A witness is permitted to correct errors that he or she claims are present in the reporter s transcript of testimony. 114

121 Section D Captioning Reporting and CART 115

122 Chapter 24 The Working Environment of the Captioner Questions for Discussion After reading the chapter, have the students respond to the following questions: 1. What does the following phrase mean? The captioner uses the skill of the court reporter and the technology of the realtime writer and applies his or her own specialized methodology to perform a very useful service in today s world. (The person who is employed as a closed captioner really uses the same skill that the court and freelance reporters use, however, the environmental settings are much different; that is, rather than being in a legal setting the captioner may be present in a home/office, a TV studio, a classroom, etc.) 2. Explain the job title broadcast captioner. (A broadcast captioner is mainly employed to report television programs. They can work remotely or on-site for a company.) 3. What is line 21 (Line 21 is the encoded broadcast that the reporter sends to the station. It refers to the television broadcast signal where captioned words are viewed on televisions equipped with a decoder.) 4. Explain the use of angle brackets in captioning. (In captioning the angle brackets >> indicate a new person speaking. Three brackets >>> indicate a new story.) 5. Explain what a Steno Interpreter or Stenocaptioner does. (The steno interpreters work in public settings. Their services are used in educational, entertainment, social, and business settings.) 6. What does CART stand for? (Communications Access Realtime Translation). 7. What is a CART provider? (A CART provider is a person who provides the service of captioning, however, they are specifically trained in dealing with issues that may arise in the captioning environment. CART providers are sensitive to the needs of the hearing impaired.) 116

123 Chapter 24 Quiz 1. The initials CART stand for Closed Captioning and Realtime Translation) 2. The broadcast captioner must always work on-site for a particular company or TV station. 3. In broadcast captioning, the triple angel bracket >>> means the beginning of a new story. 4. Broadcast captioners provide closed captioning both on line as well as offline. 5. Steno Interpreters are never used in an educational or school setting. 6. The main difference between CART providers and other captioners is the fact that CART providers are specially trained in dealing with issues that may arise in the captioning environment. 7. Steno captioning and steno interpreting can only be used in office type situations and are not suitable for web broadcasting or web captioning situations. 8. Offline captioning is also referred to as closed captioning. 9. Broadcast captioners must achieve 100 percent accuracy at all times, they never make an error. 117

124 10. Three broad categories of captioners are broadcast captioners, steno interpreters, and steno captioners. 118

125 Chapter 25 Terminology and Legislation Questions for Discussion After reading the chapter, have the students respond to the following questions: 1. Why was the American with Disabilities Act passed in 1990? (The ADA was passed to protect the rights of individuals with disabilities as covered by section 504 of the Rehabilitation Act of 1973.) 2. What is assistive technology? (Assistive technology is the use of any technological device to assist any individual with a disability. Captioning is an assistive technology.) 3. What do the initials CRR stand for? (CRR is a certification test offered by the NCRA. The initials refer to Certified Realtime Reporter.) 4. What is open captioning? (Open captioning are captions that have been decoded and made a part of the television picture; they are a permanent part of the movie or video projection.) 5. What is webcasting? (Webcasting is the live captioning of an event that allows the textual translation to be simulcast over the Internet via the world wide web.) 6. What issues did the Telecommunications Act of 1996 address relating to closed captioning for video programming? (The Telecommunication Act of 1996 mandated the use of closed captioning for all television programming according to a time schedule as it relates to the Television Decoder Circuitry Act of 1990.) 119

126 Chapter 25 Quiz 1. The national organization that serves as a benchmark for court and realtime reporters and captioners is the NCAA. 2. The Americans with Disabilities Act of 1990 is often referred to with the initials AWDA. 3. CART (Communications Access Realtime Translation) is a service provided by court and realtime reporting agencies or captioning agencies. 4. TTY/TDD is the national organization of technicians that deal with deaf and hard-ofhearing technology. 5. Closed captioning and open captioning are the same thing. 6. On-line captioning is the live captioning of an event as it happens. 7. Remote Access is the ability of a realtime reporter to caption an event at the actual site of the event being captioned. 8. Any of the various methods used to convert spoken words to a textual format is referred to as voice-to-print or speech-to-text technology. 9. The Telecommunications Act of 1996 addresses the issue of closed captioning for video programs. 120

127 10. CAT is computer aided translation. 121

128 Chapter 26 A Day in the Life of a Captioning Reporter Questions for Discussion After reading the chapter, have the students respond to the following questions: 1. Who usually hires a caption reporter? (Caption reporters are usually hired by large captioning corporations who specialize in closed captioning. They may be hired as independent contractors or employees. They may work on site or remotely.) 2. What should a beginning reporter who wants to work in the captioning industry do as far as looking for a job with a captioning company? (The beginning reporter should research the history of a captioning company, inquire about their training period, their benefits, whether they can guarantee a certain amount of work, scheduling practices, etc. Also, talk to past and present employees of the company.) 4. What type of equipment might the beginning captioner need if he/she is working remotely from a home office? (A beginning captioner who is working remotely will need a computerized writer with cable hookup, two computers, two television sets, head phone, and direct access to the Internet.) 5. Discuss the different answers given by the four different captioners who were interviewed regarding their work. (Responses will vary.) 122

129 Chapter 26 Quiz 1. A closed captioner will find that his/her job is very routine and does not involve a variety of job scenarios. 2. Usually, caption reporters are hired by Federal courts. 3. The captioning industry is competitive in nature because the more jobs a company has, the more captioners they will hire to complete their jobs at any given time. 4. Beginning captioners should try to find as much information as he/she can about a particular company they wish to work for. 5. Some captioning agencies will supply their captioners with all the equipment that they need to complete their work. 6. There is no difference between remote captioning and on-cite captioning. 7. Some of the ergonomic factors that the captioner should be concerned about when working from his/her own office are: method of payment, amount of training, and full- or part-time status. 8. All captioners are known by the same title regardless of their working situation. 9. Captioners who work in their own home/office environment usually need three computers. 123

130 10. Remote captioners must have Internet access. 124

131 Chapter 27 How the Captioned Job Looks Questions for Discussion After reading the chapter, have the students respond to the following questions: 1. Why are most captioned job not transcribed into a hardcopy format? (Captioned jobs are not transcribed into a hardcopy because they are used for instant viewing in realtime.) 2. Give an example of when a hardcopy of a captioned job might be requested. (A hardcopy of the lecture notes for a classroom might be requested by students.) 3. How do closed-captioned words appear on a television monitor? (The closed-captioned words appear in all capital letters, white letters on a boxed black background, one line at a time.) 4. Why do you think captioners make mistakes in captioning? (There are a number of reasons that captioners may make mistakes in captioning. They may misstroke an outline, the word they are writing may not be in their software dictionary, or they may have misheard a word or phrase.) 125

132 Chapter 27 Quiz 1. Closed captioners never make a mistake. 2. Closed captioners always produce a hardcopy of what they are captioning for backup purposes. 3. There are a variety of jobs that the captioning reporter or CART provider may be called upon to do. 4. Realtime writing and captioning are highly related. 5. Closed captioning words are written in all capital letters. 6. Closed captioning words appear in black letters on a boxed white background. 7. There are always 25 double-spaced lines on a screen containing the captioned material. 8. Speaker identification in closed captioning requires the use of differing numbers of angle brackets > or arrows. 9. It is the responsibility of the captioning reporter to swear in all people who are speaking in a closed captioned environment. 126

133 10. A closed captioner usually supplies a transcript of the captioned proceedings in three to five business days. 127

134 UNIT EVALUATION NO. 5 Name Date Part I Short Answer 5 points each Write in the correct answer for each of the following questions. Use complete sentences where called for. 1. List some of the different titles that the captioner is known by. 2. What are the three broad categories that all captioners can be placed in? 3. What does line 21 refer to in the captioning industry? 4. Briefly describe where the services of a steno interpreter or steno captioner may be used. 5. When speaking about CART providers, what do the initials CART stand for? 6. What distinguishes the CART provider from the normal closed captioner? 7. Briefly describe what the term fingerspelling means in relation to the CART provider or closed captioner. 8. Briefly describe what remote CART is. 128

135 9. Discuss some of the basic equipment needed by a CART provider. 10. Briefly define assistive technology. Part II True or False 2 points each Write in T for all statements that are true or F for all statements that are false: 1. In viewing closed captioning, only one or two lines appear at the bottom of the screen and they scroll off the screen as the next line is generated. 2. When reporting closed captioning, a single angled bracket > indicates the beginning of a new speaker. 3. Broadcast captioners are not always 100 percent accurate. 4. A CART provider and a sign interpreter may be called upon to work as a team for hardof-hearing individuals. 5. CART providers should have a distinct method of writing numbers in all their forms, that is as words, Roman numerals, cardinal numbers, and ordinal numbers. 6. In reference to the hearing impaired, the initials ADA stand for the America s Disabled Association. 7. The National Court Reporters Association is a professional organization of reporters who only work in a courtroom situation. 8. A simple keyboard that connects to a telephone through an acoustic coupler and allows two people to communicate via keyboards is called a teletypewriter or text typewriter. 9. Closed captioning refers to captions that have been decoded and made a part of the television picture itself they cannot be turned off but are a permanent part of the movie or video projection. 10. On-line captioning is closed captioning. 11. Broadcasting of an event via more than one media is referred to as caption-casting. 129

136 12. Offline captioning is open captioning. 13. Voice-to-print, voice-to-text, speech-to-print, and speech-to-text are all various methods used to convert the written word to different speech patterns. 14. The Telecommunications Act of 1996 addresses the issue of closed captioning for video programs. 15. The Decoder Circuitry Act of 1990 required new televisions to have built in decoder circuitry for closed captioning. 16. Electronic newsroom captioning technique creates captions from a news script computer or teleprompter used for live newscasts and is reliable for all material both scripted and non scripted. 17. Recent legislation will require digital televisions to enable consumers to control the print type, color, size, and background of all captions. 18. Captioners are usually hired by large captioning corporations who specialize in closed captioning. 19. A captioner working on site will probably not need a modem. 20. Remote captioners working from a home/office situation require more specialized equipment than on-site captioners. 21. Captioning is an assitive technology in the sense that its services may as the eyes of hearing impaired individuals. 22. The RPR is a national test offered by the AARP. 23. In the field of court and realtime reporting, the initials CRR stand for Certified Realtime Reporter. 24. In captioning, the symbol >> usually indicates the beginning of a new story. 25. Closed captioning has been used as by people unfamiliar with the English language as an aid in helping them to read as well as pronounce words. 130

137 Section E Helpful Information for the Reporting Profession 131

138 Chapter 28 Ethics of the Reporting Profession Questions for Discussion After reading the chapter, have the students respond to the following questions: 1. In your own words, define what ethics are. (A set of moral guidelines by which one conducts one's personal life and business practices. They set guidelines by which a person lives out his or her life. They determine one's lifestyle.) 2. Do you think ethics are important is today's world? Why or why not? (Although the student's response will be personal in nature, it should reflect the fact that ethics are considered a necessary part of living in the world. Without ethics there would be no control over what a person would or could do. In a very real sense, chaos would predominate the world without ethics.) 3. Do you think ethics are important in the world of business? Why or why not? (Again, the student's answer will be personal, but should reflect that business ethics are essential to an economy that is stable. Without business ethics, everyone would be attempting to ruin each other's business and only the most ruthless and despicable business people would control the world economy. Again, chaos would result.) 4. Do you think ethics are important for court reporters? Why or why not? (The court reporter, like any profession, needs a set of moral guidelines, not so much to stifle one's profession, but to protect one's self from others who may or may not follow certain ethical principles. The answer on the part of students will vary and be personal in nature.) 132

139 Chapter 28 Quiz 1. The court reporting profession has a code of professional ethics as established by the NCRA. 2. Reporters do not have to be concerned with any conflicts of interest because they very seldom occur in the reporting profession. 3. Impropriety means something that is improper or wrong. 4. As a general rule, lawyers and judges do not trust reporters and reporters do not trust lawyers and judges. 5. Official reporters have the right to do freelance reporting at any time. 6. Reporters should not receive any gift in excess of $100 in total per person each year. 7. A reporter should make every effort to keep up his or her skills by practicing, taking tests, and keeping abreast of the changing technology. 8. A reporter has a responsibility to accept assignments that are within his/her competency. 9. It is not necessary that reporters maintain confidentiality in cases where confidentiality is not a factor. 133

140 10. Realtime reporters should take special precautions regarding ethical situations that may arise such as ownership of electronic computer note files and the integrity of ASCII files. 134

141 Questions for Discussion Chapter 29 Professionalism, Associations, Testing, and Continuing Education After reading the chapter, have the students respond to the following questions: 1. In your own words, define "professionalism." (Professionalism is the quality of having a higher standard that one follows in his or her career, and the ability to work with great skill in one's occupation or chosen profession.) 2. Do you think professionalism is important in the field of court reporting? Why or why not? (It is important because it adds integrity to the profession. Those reporters who follow certain standards of professionalism exhibit qualities and ideals that make the profession an honored and worthwhile career. Without professionalism, sloppiness, inaccuracy, incomplete records, and a "don't care" attitude would prevail in producing transcript.) 3. Do you think court reporters should support local and national organizations that are dedicated to the field of court and realtime reporting? Why or why not? (Yes. National and state organizations do a lot to protect the profession of court reporting. They actively fight against things that are derogatory to the profession. They protect the rights of reporters.) 4. Do you think it is important for court reporters to take and pass periodic tests dealing with the knowledge of their profession as well as speed tests? Why or why not? (The student's response should reflect their own personal feelings, however, they should also take into consideration the items mentioned in the chapter. The professional court reporter keeps abreast of the changing technology and strives to do his or her best to maintain a level of knowledge that is necessary to function in the world of technology.) 5. What are some differences in tests that might be given by individual agencies, state governing bodies, and national organizations? (Although all somewhat similar in nature, the state and national tests would tend to be more standardized in terms of speeds, percentage of errors, and even the working knowledge portion. Predictably, the individual agency tests would be more individualistic.) 6. Tell what the initials for each of the following stand for: CLVS, CMRS, CPE, CSR, CRI, CRR, MCRI, RDR, RPR. (CLVS = Certified Legal Video Specialist, CMRS = Certified Manager of Reporting Services, CPE = Certified Program Evaluator, CSR = Certified Shorthand Reporter, CRI = Certified Reporting Instructor, MCRI = Master Certified Shorthand Reporter, RDR = Registered Diplomate Reporter, RPR = Registered 135

142 Professional Reporter.) 7. What does the term "continuing education" mean to you? (An opportunity for a person in any profession to continue learning new things about their profession by taking classes or workshops in their field.) 8. Do you think it is important for the court reporting to continue his or her education beyond school? Why or why not? (While this response is personal in nature and will reflect the student's own opinion, the answer should reflect the fact that court reporting, like nay profession, continues to advance in terms of technology. It is very important for the professional reporter to continue his or her education by attending workshops and conferences, etc.) 136

143 Chapter 29 Quiz 1. Professional court reporters dress appropriately, taking into consideration the tradition and circumstances of the surroundings. 2. Most court reporters smoke or drink excessively or are addicted to drugs. 3. A professional court reporter has a duty and responsibility to keep abreast of modern technology in the field of court and realtime reporting. 4. Although professionalism is a goal to be achieved by all court reporters, most court reporters are unprofessional and unethical. 5. One of the most important steps a reporter can make in his or her career is to join and actively participate in a national or local professional association dealing with court reporting. 6. A person who plans on working for a freelance court reporting agency may be required to pass an individual agency test consisting of taking material at a certain speed and then transcribing it. 7. The makeup, administration, and scoring of individual agency tests follow national standards. 8. The passing of a state examination may include the issuance of a professional certificate that will certify the reporter in that state. 137

144 9. In some states passing a test or the resulting certification are required to work as either a freelance or an official court reporting. 10. An advanced level examination offered to reporters who have earned their RPR is the RMR exam. 138

145 Questions for Discussion Chapter 30 Research for the Record, Internet Research, Citations of Authority After reading the chapter, have the students respond to the following questions: 1. Why is it important for a reporter to know how to research certain information in order to make the transcript 100 percent accurate? (Because the reporter is responsible for the accuracy of the record and must be certain as to all information in the transcript.) 2. List some basic research books that would make up a beginning reporter's reference library. (Standard dictionary, legal dictionary, medical dictionary, punctuation handbook, telephone directories, atlas, encyclopedia, etc.) 3. In your own words, explain how the Internet can be used as a research source. (As a search tool for any information relating to questions of fact. For example, if the testimony involves the construction of a house and the reporter has never heard of "joists" or "caulking" the Internet serves as an excellent source of basic information concerning construction. The Internet serves as an encyclopedia or dictionary. 4. What is a legal citation? (A reference made by a lawyer to a specific law or statute.) 5. What is the United States Code? (A publication of the laws passed by Congress, as well as the Constitution of the United States.) 6. How does the United States Code differ from individual state statues and codes? (The state codes contain specific laws as passed by individual state legislatures.) 7. How are appellate decisions reported? (In Official Reports for each state or by using the National Reporter System.) 8. What is the National Reporter System? (A system of reporting appellate decisions on a regional basis which includes all Federal and state courts.) 9. How are cases cited in reporters? (The plaintiff vs. the defendant, followed by the volume number, the abbreviated reporter, and the page number. Any information contained in parenthesis refers to the court rendering the decision and the year. 10. What is are legal indices used for? (As a source of reference that lawyers use in preparing cases. The indices list precedent setting cases.) 139

146 Chapter 30 Quiz 1. Many reference books are now available on CD-ROM and can be pulled up immediately on a computer. 2. Every court reporter should have a reference library or source of information he or she can use to look up information when completing a transcript. 3. The Internet is not a viable source of information for the reporter because it is unreliable. 4. A legal citation and citation of authority are the same thing. 5. Attorneys who enter citations into the record will very often read the material very slowly, making sure that everything is included in the verbatim record. 6. Each state has its own method of compiling and codifying its laws. 7. Appellate decisions are reported in state and federal reports called Official Reports. 8. Usually, the style of the case is the first things that appears in a legal citation. The style of the case refers to the name of the reporter in which the case is found. 9. A book or index containing cases with cross references to other decisions on the same subject matter is Shepard's Citations. 140

147 10. Court reporters do not need to know how references are cited, all they have to do is get the source because that's all that is reported in the transcript. c. True d. False 141

148 Chapter 31 Finding Employment Questions for Discussion After reading the chapter, have the students respond to the following questions: 1. In your own words, define what is meant by a job search. (A job search is defined as the physical activity of looking for a job, including writing letters, developing a résumé, and interviewing.) 2. What is the goal of a job search? (To find a place to work that is both challenging and rewarding and satisfies the needs and desires of the applicant. The job search leads to the writing of résumés and letters of application.) 3. In your own words, describe a résumé. (A systematic and reversed chronological listing of one's education, experience, and qualifications relating to a specific field of endeavor.) 4. How does a résumé reflect your personality and your work habits? (It is highly personal in nature and can't help but reflect one's ability and personality. In other words, a sloppy and incorrect résumé usually reflect the working habits of the individual who prepared the résumé.) 5. Why do you think it is essential that the résumé be accurate and neat? (Because the résumé is usually the first indication a prospective employer has of a person's character, ability, and skill.) 6. Prepare your own résumé and have someone critique it. Prepare another résumé based upon the criticisms obtained from your first résumé. Have someone critique your second résumé. Prepare a third and final résumé and have someone critique it. (This activity should be completed as part of a regular classroom assignment. Students may critique other students' résumés but care must be taken in considering the criticisms of fellow students.) 7. What is the purpose of a letter of application? (To get an interview.) 8. In your own words, summarize the different paragraphs that make up a letter of application. (1. Identify the job you are seeking; 2. Identify your qualifications; 3. Apply for the job; 4. Request for interview, place where you can be contacted.) 142

149 9. Write a letter of application to a reporting agency and have someone critique it. Prepare another letter based upon the criticisms from your first letter. Have someone critique the second letter. Prepare a third and final letter and have someone critique it. (This activity should be completed as part of a regular classroom assignment. Students may critique other students' résumés but care must be taken in considering the criticisms of fellow students.) 10. What is the purpose of the job interview? (To get a job that is both rewarding and challenging where one can use the skills and knowledge acquired in court and realtime reporting.) 11. How would you dress for an interview with a prospective freelance agency? (Although this answer may be personal in nature, it should reflect a certain amount of common sense and decorum.) 12. What questions would you bring to the interview? (Although personal in nature, the student should most certainly include questions regarding working conditions, the amount of money one should expect to make in one year, the number of jobs a reporter might average in a week, what benefits are supplied, will the position require purchasing one's own equipment, will the person be working out of an office or out of one's home, etc.) 13. What questions would you expect to be asked? (The interviewee should be expected to be asked about salary expectations, travel availability, future plans, skills and ability, etc.) 143

150 Chapter 31 Quiz 1. It is not too important for a beginning reporter looking for a job to limit his or her search to a particular geographical location. 2. One of the most important things a reporter needs to consider in searching for a job is whether or not he or she wants to work for a freelance agency, as an official reporter, or a closed captioner. 3. When searching the telephone directory for possible places of employment, one can find all freelance court reporting listings under the heading "Stenographic Services." 4. Some freelance reporting agencies require their reporter to buy their own CAT equipment. 5. A résumé is a biography of one's entire life. 6. An adequate résumé can be developed by using a specific software program designed to help write résumés. 7. A good résumé is limited to three pages of essential information. 8. Good résumés will often stretch the truth a little in order to get a job. 9. Trendy and faddy dress is always welcome on a job interview. 144

151 10. It is a good idea to avoid the use of the pronoun "I" at the beginning of paragraphs in a letter of application. 145

152 Chapter 32 The Working Environment Questions for Discussion After reading the chapter, have the students respond to the following questions: 1. Why is it important to consider the working environment when talking about the field of court reporting? (Because the working environment affects the quality of work that one does; the better the working environment, the better the output.) 2. In your own words, list some of the environmental factors that come to mind when speaking of the court reporter's job. (The place where one reports, whether that be an office, court, or home situation; the place where one transcribes or edits; the equipment, the furniture, the entire environment.) 3. What are some major differences between the office environment of an official reporter compared with that of a freelance reporter? (The environmental factors are the same, the "space" or place where one reports and transcribe may differ. For example, the official reporter will be concerned with the court environment and the office where he or she transcribes, while the freelance reporter will be concerned with the different types of situations where he or she reports.) 4. In your own words, define ergonomics. (Ergonomics is the study of how one works in relation to his or her surroundings. It takes into consideration safety, health, productivity, and the human condition.) 5. List some items of furniture which you think are important for your working environment. (While the response given by the student will be personal, it should reflect the importance of having a working desk, a comfortable chair, and other suitable items.) 6. What would be the ideal size office you would like to work in? (The response will be personal in nature.) 7. In your own words, describe your ideal office. (The response will be personal in nature, but should reflect some of the items mentioned in the chapter.) 8. What color would your ideal office be painted? What color would the carpeting be? What color would the office files and other furniture be? (The response will be personal in nature.) 146

153 9. What type of lighting would you prefer for your ideal office? (The response will be personal in nature.) 10. Would you prefer some type of air conditioning or other climatic controls in your office? If so, what type? (The response will be personal in nature.) 11. What do the initials OSHA mean? (Occupational Safety and Health Administration.) 12. In your own words, describe what is meant by repetitive strain injuries. (Any injury that occurs to any part of the body that is involved in a repeated motion. For example, injury resulting from the repetitive use of the wrists in typing causes carpal tunnel syndrome.) 13. What is carpal tunnel syndrome? (The compression of the median nerve that passes from the forearm, through the wrists, to the palm of the hand, resulting in extreme pain from the slightest movement of the wrists.) 14. How might carpal tunnel syndrome be avoided? (By consulting a physician and following a regimen of vitamins and exercise to avoid injury; by using advanced technological equipment that is designed to prevent injuries, for example, wrist rests, tilted tripods, etc.) 15. Why is in important to consult a qualified physician for proper diagnosis and treatment of all injuries? (Because physicians are trained in their field and are experts in diagnosing and treating injuries.) 16. What does the word "sedentary" mean in relation to the work of the court reporter? (Being seated for a long period of time with very little physical movement.) 17. Why is good posture while sitting and standing essential to the court reporter? (Because good posture leads to fewer back problems and better health.) 18. Why are court reporters more susceptible to problems relating to eye strain? (Because they are constantly reading their transcripts, especially reporters working with realtime translation and CAT.) 19. Why do you think other physical problems might be related to sound and sight problems? (Because if one has problems in one area of the body, it usually has a detrimental effect on other parts of the body.) 20. Do you think court reporting is considered a highly stressful occupation? Why or why not? (Although the response may depend upon the opinion of the student, the answer should reflect that there is a great deal of stress in the field of court reporting in terms of 147

154 getting transcripts out on time, writing with a good degree of accuracy, and constantly being in the spotlight when it comes to realtime translation.) 21. Do you think that physical problems might lead to psychological problems? Why or why not? ( Although a personal opinion will be reflected in this answer, there is a school of thought that believes that a great deal of psychological problems are caused by physical problems and physical problems result in psychological problems.) 22. How might a court reporter relieve some of the stress related to the job? (Although personal in nature, the response should include some of the suggestions mentioned in the chapter, including finding and using stress relievers, having a hobby, listening to music, relaxing, vacations, and so on.) 23. What is your best stress reliever? (This response will be personal in nature.) 24. Do you think there is a high incidence of drug and alcohol abuse among court reporters? Why or why not? (There is a school of thought that believes that most stressful jobs have a high correlation to drug and alcohol abuse.) 25. Regarding the statement that successful court reporters surround themselves with five good people, list the five people in order of their important, the most important being number one and the least important being number five. (The student's response will be personal in nature, but should include the following five people listed in any order: a friend, confidant, spouse or partner; member of clergy or counselor; a financial advisor or accountant; a physician; a lawyer.) 148

155 Chapter 32 Quiz 1. Ergonomics is the study of the environment in relation to how one works in a given situation. 2. Those who work in a freelance agency may find that their office situation may not always be the most desirable. 3. The furniture used in one's office is not important because one can adapt very well to the working conditions of any given office situation. 4. Soft colors are preferred to most working environments because they tend to "quiet" a person down and allow him or her to concentrate on the task at hand. 5. The initials OSHA stand for Occupational Standards for Health Administration. 6. The word sedentary means staying in one position for long periods of time with little movement. 7. Most successful court and realtime reporters take time to engage in some activity that is totally divorced from their everyday occupations. 8. Myofascial Release Therapy is an alternative means of treating carpal tunnel syndrome. 9. Very often physical problems can be directly related to vision problems. 149

156 10. Court reporters should seek some sort of active release for the stress in their jobs such as drinking or drugs. 150

157 Chapter 33 The Court System in America Questions for Discussion After reading the chapter, have the students respond to the following questions: 1. What is the United States Supreme Court? (The highest court in the nation. It hears cases previously tried and appealed.) 2. What are the United States Courts of Appeals? (Federal courts of appeal that is considered a court of last resort.) 3. How many circuit courts are there for the courts of appeals? (There are 12 judicial circuits, each having a federal court of appeals.) 4. What are the United States District Courts? (Courts which hear legal actions involving an interest and a right of the government of the United States. They are trial courts that have original jurisdiction.) 5. How many district courts are there? (89 District Courts, not including Puerto Rico, the District of Columbia, nor the territorial district courts.) 6. What is the name of the highest state court, or court of last resort? (In most states, it is called the supreme court, in Maine and Massachusetts it is called the Supreme Judicial Court, in New York and Maryland it is called the Court of Appeals, and in West Virginia it is called the Supreme Court of Appeals.) 7. What is the name of the highest court at the trial level having original jurisdiction in most states? (Circuit courts, district courts, or courts of common pleas. In New York, the highest court having original jurisdiction is called the Supreme Court.) 8. What is the court of claims? (It is a court with special jurisdiction. Usually it handles cases against the state or federal government.) 9. List some minor courts that may not require a permanent record. (Police court, Village Court, Magistrate's Court, Traffic Court, Mayor's Court, Domestic Relations, Juvenile Court, Small Claims court, Justice of the Peace Courts, etc.) 151

158 Chapter 33 Quiz 1. What percent of cases that apply for review by the United States Supreme Court are heard? a. 5 percent b. 10 percent c. 25 percent d. 50 percent 2. The Supreme Court of the United States can be a court of original jurisdiction in cases involving: a. certain monetary limits b. certain crimes c. boundary disputes between states d. all cases 3. The United States is divided into how many judicial circuits? a. 12 b. 15 c. 52 d The circuit courts of the United States are: a. courts of original jurisdiction b. courts of appeal c. courts of original and appellate jurisdiction d. courts of special jurisdiction 5. The federal district courts of the United States are divided into territorial district courts, the district court of Puerto Rico and the District of Columbia, and how many other district courts? a. 12 b. 89 c. 52 d Usually, the court of last resort on the state level is called the: a. supreme court b. appellate court c. probate court d. surrogate's court 152

159 7. The highest state court at the trial level, before a case is appealed to the court of last resort, is usually called a circuit court, district court, or courts of. a. appeals b. probate matters c. common pleas d. civil and criminal matters 8. Which of the following is not a lower state court? a. court of appeals b. small claims court c. municipal court d. traffic court 9. Which of the following is not considered a court of record? a. circuit courts b. district courts c. appellate courts d. state lower courts 10. The United States Supreme court consist of one chief justice and how many associate justices? a. ten b. eight c. eleven d. twelve 153

160 UNIT EVALUATION NO. 6 Name Date Part I Short Answer 3 points each Write in the correct answer for each of the following questions. Use complete sentences where called for. 1. Why was the federal court system originally developed? 2. Various names are used for the highest courts of appellate jurisdiction on the State level. Give two names these courts are known by. 3. What is ergonomics? List three ergonomic issues relating to the working environment. 4. In your own words, define what ethics are: 5. Explain the professional ethic "Reporters shall be fair and impartial toward each participant in all aspects of reported proceedings." 6. What is a conflict of interest? 7. What is an impropriety? 8. What is the amount of maximum value placed upon a gift that reporters should receive from attorneys or clients? 154

161 9. What does the word integrity mean? 10. What does the following professional guideline refer to? "Realtime reporters should take special precautions regarding ethical situations that may arise." 11. In your own words, describe what the term "assistive technology " means in relation to realtime writing and legal proceedings. 12. In your own words, describe what an uncertified rough draft transcript is. 13. In your own words, define professionalism. 14. In reference to court reporting tests, what is an individual agency test and when might one be given? 15. What is an individual state test and when might one be given? 16. What is a national examination and when might one be given? 17. What do the initials RPR stand for? 18. What do the initials CSR stand for? 19. What do the initials CRR stand for? 155

162 20. What do the initials RDR stand for? 21. What do the initials NCRA stand for? 22. What do the initials CCR stand for? Part II True and False 2 points each Write in T for all statements that are true or F for all statements that are false: 1. The Supreme Court is the highest court in all state court systems. 2. Every criminal trial must be a trial by jury. 3. A reasonable time to wait for a response after an interview for a job is a week to ten days. 4. Most paragraphs in a cover letter should begin with the pronoun "I," since you are the one writing the letter about you. 5. Some ethicists have said that ethics are a matter of personal choice. 6. A professional court and realtime reporter strives to do shoddy work. 7. A professional court reporter relies on some sort of release such as drugs or alcohol. 8. Most private organizations or court reporting agencies will test court reporters who wish to work for them by administering their own examinations. 9. In some states passing a test for certification is required to work as either a freelance or official reporter. 10. The Dictionary of American Slang is a good example of a topical dictionary. 11. The Internet is not a very reliable source of information when researching for the record. 12. Dictionaries and encyclopedias are not available on the Internet. 13. A legal citation is a reference made by a lawyer to a specific law or statute. 14. Corpus Juris Secundum and American Jurisprudence are legal dictionaries. 15. All items listed in a resume, including education and job experience, should be listed in chronological order with the most recent first. 156

163 16. Carpel Tunnel Syndrome is an example of a repetitive motion injury. 17. The United States Supreme Court is obligated to hear some cases that come to them on appeal, bypassing the courts of appeal. 157

164 Section F The Technology of the Reporter 158

165 Chapter 34 Hardware and Software Considerations, CAT, and Litigation Support Questions for Discussion After reading the chapter, have the students respond to the following questions: 1. Do you think computers play an important part in today's world? Why or why not? (The student's response should be individualistic, but should also reflect the fact that computers do indeed continue to play an important part in today's world. In addition, the use of computers will continue to be felt in almost every aspect of life.) 2. What is the difference between hardware and software? (Hardware is the equipment needed to run software. The hard drive, the monitor, the keyboard, the CD drive are all examples of hardware. Software are the applications that run specific programs. Microsoft Word and Stenograph Case CATalsyt are examples of software.) 3. Give an example of an input device. Give an example of an output device. (Input devices are the keyboard, the shorthand machine, etc.; output devices are the printer, the computer video screen, etc.) 4. Explain how a computer "reads" steno notes in relation to CAT. (The notes are downloaded into the computer by having the computer read a disk or read a directlyhooked shorthand machine. Once read into the computer, the notes need to be translated.) 5. Explain how a computer translates steno notes in relation to CAT. (The shorthand notes that have been read into the computer are compared to shorthand outlines that are contained within a personal dictionary and/or a job dictionary. Outlines that are contained within the dictionary are then translated into their English equivalent.) 6. Explain the editing process in relation to CAT. (During the editing stage of transcript production any shorthand outlines that were not translated because they were not in the dictionary or because misstrokes are translated. At this point they can be put into the dictionary for future translation. Any outlines that were mistranslated are retranslated into their proper English equivalent. And, finally, punctuation, capitalization, spelling, and so on are checked before final printing.) 7. What is a personal dictionary and how is it used in relation to CAT? (A list of shorthand outlines and their English word equivalent. It is the heart of the realtime translation and CAT process because without the dictionary, no shorthand outline would be translated.) 159

166 8. What is litigation support? (Litigation support is any supplemental service that a court reporter or agency can offer to their clients. Examples of litigation support are: condense transcript production, keyword indexing, instant viewing and marking capabilities, different print options, etc. 160

167 Chapter 34 Quiz 1. The mouse is an example of a hardware device which is also considered an input device. 2. A software program is necessary in order for realtime translation to take place. 3. An example of an output device is the shorthand writer. 4. A basic form of CAT is keying one's notes into a standard word processing software program. 5. The CAT cycle consists of four steps: reading, translating, editing, and printing. 6. And untrans and a mistrans are basically the same thing. 7. The "heart" of the realtime translation and CAT procedures is the dictionary. 8. Most court reporting software applications are able to run a personal dictionary or a job dictionary, but not both at the same time. 9. An example of a global application as used in CAT is the ability for a computer to search and replace the correct spelling of a person's name throughout the entire transcript. 10. The editing portion of the CAT cycle may be performed by a scopist. 161

168 162

169 Chapter 35 The Technology of Transcript Production Questions for Discussion After reading the chapter, have the students respond to the following questions: 1. Define videography. (The skill of recording proceedings using videotape as the media of recordation.) 2. Do you think it is important to have a live court reporter present whenever a videotape is made of a deposition or hearing? Why or why not? (While this response may reflect the individual opinion of the student, the advantages of having a live court reporter present should be stressed. The court reporter adds a second dimension to preserving the record in case of electrical failure or media failure on the part of the video mechanism.) 3. When and where might videotaping be advantageous? (For depositions of expert witnesses and doctors who cannot appear in course, they video taped depositions may be played back in court. For demonstrative evidence that can only be portrayed by picture or video. And for demonstrations of evidence that lends itself to video.) 4. In your own words, define electronic tape recording. (Electronic tape recording is the recording of proceedings or events by using a tape recorder.) 5. Do you think that tape recorders can ever replace court reporters? Why or why not? (The response by students will be individual but should reflect some of the disadvantages of tape recording as outlined in the chapter. Tape recorders, as they are used today, will never replace the court reporter as an integral guardian of the true and accurate record.) 6. Where might tape recorders be used? (Tape recorders can be used wherever very simple things are being recorded-- music, one speaker, etc. Also, taped recorders are used where an official certified record is not necessary.) 7. In your own words, define voice-to-print technology. (The ability to take the spoken word and have it instantly translated onto a computer screen for editing or printing.) 8. What is voice-recognition technology and how is it being used today? (Voice-recognition technology is the ability of the computer to recognize certain voice commands and to perform specific functions based upon those commands. It is used to perform simple commands by voice that would otherwise require the keying in of a series of commands on the computer. For example, the command "print" tells the computer to print a document after it has been keyed into the computer.) 163

170 9. What is voice-activated technology and how is it being used today? (Voice-activated technology is the ability of a device to be turned on or off by using a voice command. It can be used by paraplegics who activate a device by using a voice command for example, turning lights on and off.) 10. In your own words, define realtime as it relates to the court reporter. (Realtime involves the technology of having a court reporter write on a computerized shorthand machine that is connected to a computer, and then having what was written in shorthand instantly translated into English words and in proper transcript format.) 11. In your own words, define closed captioning as it relates to the court reporter. (Closed captioning is much like realtime, except in its use and form. It is used mainly to caption programs, lectures, or other events, and have the words instantly appear translated on a video screen. In most cases, the format is a line at a time rather than a series of lines. As the lines appear translated, they disappear from the screen and are replaced by another series of translated lines.) 12. Do you think realtime reporting is an important service that court reporters can offer their clients? Why or why not? (Realtime reporting is one of the most important services that court reporting agencies can offer their clients. Realtime writing and translation is becoming the standard of the industry.) 164

171 Chapter 35 Quiz 1. Stenography, photography, and videography are all methods of recordation. 2. Videotaping of doctor's depositions to be played back at trial is not a very good application of videotaping. 3. Tape recorders may be very effective when all that is required is an audio transcript and no printed transcript is required. 4. One of the advantages of using tape recorders is the ability to produce a printed transcript with a very short period of time. 5. Sometimes, listeners have a difficult time determining who or what is being said on an audio tape. 6. One of the major problems encountered with voice-to-print technology is the ability of the computer to recognize dialects and accents. 7. Realtime translation can be transmitted to other parts of the world for instant viewing. 8. Rough draft copies of realtime are not permissible because they may contain untrans. 9. Realtime writing uses closed captioning, and closed captioning uses the technology of realtime writing. 165

172 10. Open captioning and closed captioning are the same thing. 166

173 Chapter 36 Tomorrow's Technology Today: Computer-Integrated Courtrooms Questions for Discussion After reading the chapter, have the students respond to the following questions: 1. In your own words, describe what a CIC is. (A Computer-Integrated Courtroom is a courtroom that takes advantage of the most modern, up-to-date technology available in the field of court reporting. It includes the use of court reporters using realtime translation, video and audio recorders, computer-assisted legal research tools, online exhibit copying capabilities, modern presentation applications, and so on.) 2. What does the future of court reporting hold for you as a court and realtime reporter? (There will be a change in the technology of how court reporters record the spoken word. The reporter will continue to be necessary, but his or her role will adapt to modern technology. Court reporters will continue to be considered the guardian of the record.) 3. Describe court and realtime reporting in 5 years, 10 years, and 20 years. (The response to this question will be an individual opinion, but it should reflect the changing role of the court reporter as it relates to the change in technology.) 4. What is the ultimate goal of the profession of court and realtime reporting? (To capture the spoken word and guarantee a true and accurate record that will be preserved for posterity.) 167

174 Chapter 36 Quiz 1. The most technologically advanced courtrooms are called CICs or computer instigated courtrooms. 2. CICs do not use realtime translation, but rely on audio and video recordation only. 3. An example of a CIC is Courtroom 21, a modern-day courtroom located on the campus of the College of William and Mary Law School in Virginia. 4. One of the advantages of a CIC is the ability to cue, mark, and code points within a transcript that are pertinent to individual lawyers. 5. One of the disadvantages of a CIC is its inability to view and audio-sync testimony with printed transcripts. 6. Courtroom 2000 is located in the Supreme Court of Virginia. 7. Courtroom 2000 is equipped with a computerized blackboard that will capture drawings or writings and put them into the record as exhibits. 8. Courtroom 2000 does not allow the use of video cameras or VCRs. 9. The future of court and realtime reporting is linked to the technology of today. 168

175 10. Voice-to-print technology will advance to the point that it will outperform the human court and realtime reporter and will probably be used as a replacement for the live court reporter. 169

176 UNIT EVALUATION NO. 7 Part I Short Answer 5 points each 1. In relation to the technology of the court and realtime reporter, what are some of the differences between hardware and software? Give some specific examples of hardware and software. 2. List and discuss the five steps of the CAT cycle: 3. In your own words, explain how a realtime writer is able to have the words "two," "too," and "to" translated properly spelled within the context of sentences. 4. What is the skill of recording by videotape called? 5. Why is it important to have a court reporter present whenever videotape is being used at a legal proceeding? 170

177 6. List three disadvantages of videotaping: 7. List three applications of videotaping: 8. Name and define one form that is used by a videotape technician during the videotaping of a deposition. 9. What do the initials CVLS stand for? 10. What is one advantage of using a tape recorder? 11. What is one disadvantage of using a tape recorder? 171

178 12. List two different problems encountered with voice-to-print technology. 13. What is voice-activated technology? 14. What is voice-recognition technology? 15. What is voice-to-print technology? 16. What is the difference between realtime technology and closed captioning technology? 172

179 17. What do the initials CIC and TAC stand for? 18. Describe Courtroom List one of the ten predictions listed in Chapter 42 regarding "Tomorrow's Technology." 20. a) You have been asked by a major manufacturer of court reporting machines to design your own shorthand writer. 173

180 b) Included in your writer is your own specially designed software program that you created. What would your program do that current reporting programs do not do? What would the name of your program be? How much would your program cost? Why would court reporters purchase your software program over all other programs available on the market? Draw a picture of your logo (use your imagination). 174

181 Questio n across / chapter down Answer Key for Chapter Quizzes C B B C B D B A D C 2 B B A A B A A B A A 3 B A B B B A A A A B 4 C D B B A C D B C B 5 A A A B D C C B D C 6 D A B A C C B A B A 7 B B B A A B B B A A 8 A A A A B A B B B A 9 A B A B B A B A A A 10 A A B B A B A B A B 11 B B A B A A B B A A 12 A B B A A B A B B A 13 A B B A A B A A B B 14 A A B B A B A A B A 15 B A A B C A B C B D 16 D C B D A C B A D C 17 B B A A B A A B A A 18 D A C C D A A B A B 19 A B B C B C A C D D 20 A A A B B B B B B A 21 D D C A A A D C A B 22 B B D A C C D C A A 23 B B B B A A B B A B 24 B B A A B A B B B B 25 A B A B B A B A A B 26 B B A A A B B B B A 27 B B A A A B B A B B 28 A B A B B A A A B A 29 A B A B A A B A A A 30 A A B A B A A B A B 31 B A B A B A B B B A 32 A A B A B A A A A B 33 B C A B B B C A D B 34 A A B A B B A B A A 35 A A A B A A A B A B 36 A B A A B B A B A B 175

182 Answer Key for Unit Evaluations 176

183 UNIT EVALUATION NO. 1 Part I Short Answer 5 points each Write in the correct answer for each of the following questions. Use complete sentences where called for. (Some answers may reflect opinions of students. Some answers may give other examples than those mentioned.) 1. What is litigation support? Give one good example of how a reporting firm uses litigation support. (Litigation support can be defined as any of the ancillary or extra services that a court reporter or agency offers to its clients. An example of litigation support would be condensed copy, ASCI copy, and keyword indexing, etc.) 2. Why aren't tape recorders used more frequently in courts of record? (Because lawyers and judges have not found them to be as reliable as the court reporter. Because sometimes it takes a great deal of time to get a transcript from an audio tape.) 3. Why is attitude an important characteristic in becoming a court reporter? (Because court reporters have to have an attitude of success, an attitude of achievement, and an attitude of getting the job done right.) 4. What does respect mean in reference to a reporter's characteristics? (The court reporter needs to have respect for the profession, respect for the lawyers and judges, and respect for other court reporters.) 5. What is the bottom line in terms of characteristics of becoming a good reporter? (The bottom line is the ability to take dictation and have it transcribed into an accurate transcript.) 6. Why do you think reporting is one of the few professions where discrimination is not present? (Because it doesn't matter whether you are male or female, black or white, rich or poor, as long as you an do the job; that's all that really counts.) 7. Is it true that all court reporters make a great deal of money? No. Not all court reporters make a great deal of money; only the good reporters who have proved that they are competent are the ones that get called back again and again to do jobs. They are the ones who are going to make the most money.) 8. List three broad classifications of the profession of court and realtime reporting under which most job categories can be found. Three classifications of reporting jobs are official court reporting, freelance reporting, and caption reporting/cart. 177

184 9. What do the initials NCRA stand for? (NCRA stands for the National Court Reporters Association.) 10. Why do you think you will make a good reporter? (This response should include the student's own perception of why he or she has chosen the profession of court reporting and what attributes he or she possesses that will make him or her a good reporter.) Part II True and False 2 points each Write T or F after the following questions: 1. Realtime reporters produce an instant record on a video screen for everyone to see. T 2. Court reporters are also known as stenographers. T 3. A reporter never stops a proceeding if the witness talks too fast. F 4. Court reporters have to have an extensive, highly technical vocabulary. F 5. Court reporting is more than the skill of taking down what is being said. T 6. Beginning court reporters do not have to start at the bottom of the career ladder. F 7. It is helpful to have a basic grasp of computers in order to become a court reporter. T 8. Court reporters do not have to keep up with changing technology. F 9. Sometimes freelance reporters may have to work beyond normal working hours in order to complete a job. T 10. No special school is required to enter the field of court reporting. F 11. Few large courtroom reporting firms use CAT today because of the high cost. F 12. Freelance reporters are paid a uniform monthly salary. F 13. The keyboard on the steno machine has 26 keys to correspond to the 26 letters of the alphabet. F 14. There are a variety of new job opportunities available for the person trained in the skill of courtroom reporting. T 178

185 15. The approximate size of one fold of steno paper is 8 1/2 inches long and about 2 inches wide. F 16. Court reporters make lots of money for doing very little work. F 17. Attorneys often judge the entire court by the reporter's ability, appearance, and demeanor. T 18. Court reporters have the right to change what a lawyer or judge said because they are not under oath. F 19. Tape recorders do a better job at recording and will some day replace court reporters. F 20. It is customary for freelance businesses to use a split system of reimbursement for their reporters. T 21. The amount of money a court reporter makes will depend upon his or her ability. T 22. Court reporters do not have to be punctual because most lawyers will wait for them to arrive before they begin depositions. F 23. Even though most cases a reporter handles are not all murder or rape cases, it is still not a routine job. T 24. A court reporter must possess good English skills. T 25. As a reporter, it is not your concern if the witness is unintelligible, illiterate, and babbling. You only are required to get down what you can. F 179

186 UNIT EVALUATION NO. 2 Name Date Part I True and False 2 points each Write in T or F after the following questions: 1. A type of challenge that is used by an attorney to excuse a juror for a specific reason such as bias or prejudice is a peremptory challenge. F 2. The number of peremptory challenges that an attorney may use is limited by statute. T 3. The opening statements in a trial are always made by the judge. F 4. In a trial, the attorney who calls a witness conducts the direct examination of that particular witness. T 5. Only a plaintiff may appeal losing a legal action, the defendant may not. F 6. If a witness refuses to take an oath, he cannot testify. F 7. Rebuttal and surrebuttal are the same thing. F 8. Another word for a bench conference between the judge and attorneys is a sidebar. T 9. When the judge physically goes to a jury room to reprimand the jury members for some fault during their deliberations, it is referred to as a jury visit. F 10. The jury charge and the jury instructions are the same thing. T 11. Following the reaching of a verdict, a jury is referred to as a hung jury. F 12. A civil trial involves an individual who is suing another individual for some type of redress. T 13. A complaint is always filed by the plaintiff, but a defendant may have the opportunity to edit the charges contained in the complaint. F 14. Basically, a counterclaim in an action is the defendant suing the plaintiff or the respondent suing the petitioner. T 180

187 15. If a defendant fails to answer a complaint within the required time limit as set by statute, the plaintiff may make a motion for default judgment against the defendant. T 16. A motion for a judgment notwithstanding the verdict is requested by the losing party. T 17. A worksheet is also referred to as a control sheet or a dope sheet, but never an information sheet. F 18. The caption of a case includes the date, term of judge, venue, and title of the case. T 19. Exhibits that are received during a trial should always be indexed according to whether or not they were first marked for identification and then received into evidence. T 20. The plaintiff in a legal action is the party who commences the litigation process. T 21. Transcript rates for official reporters are set by the specific statues of each state. T 22. The official reporter is not considered an officer of the court F 23. One of the most accepted examinations offered by the NCRA is the CSR examination for all court reporters. F 24. Official reporters are paid a salary plus a transcript fee for transcripts produced for attorneys who request copies of the transcript. T 25. Official court reporters have the power to change the record when they deem it necessary for the good of the record. F 26. A pretrial conference is a small trial held in order to eliminate the actual trial itself. F 27. A case that is legally sufficient and has legal merit to proceed is referred to as a prima facie case. T. 28. A stipulation is a non-agreement between counsel as to certain facts or matter that they will not accept. F 29. An EBT is an examination by trial. F 30. A pretrial order sets the date, time, and place of a trial after a pretrial conference. T 31. A preliminary hearing is different than a preliminary examination. F 32. A jury is always present during a preliminary examination. F 181

188 33. A grand jury investigation may take place after a trial of a defendant. F 34. An arraignment is a legal proceeding where the plaintiff is brought before the Court to enter a plea. F 35. The plaintiff is sometimes called the petitioner. T 36. The pleadings of a case are the written documents that make up the litigation. T 37. A summons and a subpoena are the same thing. F 38. Jurisdiction can relate to the location of a case as well as the subject matter of litigation. T 39. The whole process of finding the facts relating to a particular lawsuit by various legal means afforded to the parties is referred to as venue. F 40. The bailiff is the peace officer of the court and is responsible for keeping and maintaining order in the court. T 41. An ex parte order is an order relating to someone who was an ex-party to a lawsuit but is no longer involved. F 42. Criminal matters are treated differently in courts of law from civil matters. T 43. The form of redress in a criminal matter is punishment and/or imprisonment for breaking a law. T 44. Every person has a right to a trial by jury, except those who commit murder in the first degree F 45. Another term for all of the prospective members of a jury is veniremen. T Part II Essay 10 points Answer any ONE of the following questions: 1. Discuss some of the differences between a civil matter and a criminal matter. Civil matters usually involve one person against another person whereas criminal matters generally involve the people of a state or municipality against an individual. The redress in a civil matter usually involves some 182

189 sort of financial remuneration or to cease and desist an action. The redress in a criminal matter is usually a fine or imprisonment against the person charged with the crime. 2. Outline a complete civil jury trial. Jury selection Plaintiff open / Defendant open Plaintiff presents case I chief Plaintiff rests Defendant motion for directed verdict Defendant present case in chief Defendant rests Plaintiff s rebuttal Defendant s surrebuttal Motion for a directed verdict Closing argument by plaintiff Closing argument by defendant Plaintiff argument in rebuttal Jury instructions Deliberations and verdict Entering of judgment 3. Define the following terms: a. arraignment An arraignment is a legal proceeding in which a person is accused of a crime, brought before a court of law, allowed to enter his plea, and bail may or may not be set. b. preliminary examination A preliminary examination is held after a defendant has been charged with a crime to determine whether or not there is enough evidence to hold the defendant for trial. A jury is not present during a preliminary examination and the defendant may or may not present proof. c. pretrial conference A pretrial conference takes place between the attorneys and 183

190 the judge and when all of the parties are ready to go to trial. The parties involves will sift through the witnesses and exhibits and reach stipulations as to what will occur and what will not occur during the trial. d. grand jury investigation - The grand jury court reporter may be responsible for taking down the testimony elicited during a grand jury investigation. He or she is sworn to secrecy. He or she may be required to read back portions of testimony given during the examination. There is no defendant present, but witnesses are called to give information relating to alleged crimes. The results of the grand jury investigation are a true-bill, also called an indictment or a no-bill. A verbatim record of the proceedings is taken down and transcribed. e. indictment The results of the grand jury investigation are a true-bill, also called an indictment or a no-bill. The indictment formally charges the defendant with a crime after a grand jury investigation. 184

191 UNIT EVALUATION NO. 3 Part I Short Answer 3 points each Write in the correct answer for each of the following questions. Use complete sentences where called for. 1. What happens if a person refuses to take an oath because of his/her religious beliefs? (If a person refuses to take an oath because of his/her religious beliefs, he or she will be asked to make an affirmation whereby the witness affirms that they will speak the truth under pain and penalty of perjury.) 2. Explain the use of STKPWHR- and -FRPBLGTS as they relate to the court and realtime reporter. (The left-hand bank STKPWHR- represent the Q or question in dictation. The right-hand bank -FRPBLGTS represents the A or answer in dictation. These symbols will be automatically translated in realtime or CAT within the transcript.) 3. Explain the use of syllabic designations in court and realtime reporting. (An alternative method of designating different speakers is by using a syllable of a persons name to represent his/her name. This syllabic designation can then be job defined or edit to translate into the person s name. An example of a syllabic designation is the name Mr. Porter which may be designated as PORT/PORT. Usually the syllabic designation will be hit twice.) 4. List and define the two broad categories of parentheticals as they relate to the court reporter s transcript. (Parentheticals can be divided into parenthetical directions or notations and question-and-answer parentheticals. Parenthetical notations are statements or explanations that are complete sentences. They begin with a capital letter, have a subject and predicate, and end in terminal punctuation. Question-and-answer parentheticals are considered a part of a question or answer and fall within the verbatim question or answer. They do not begin with a capital letter or end with terminal punctuation since they were within the question or answer.) 5. Briefly explain what a motion is. (A motion is a request by an attorney for the judge to make a specific ruling or take some sort of action regarding the request. Motions are presented by an attorney, argued by both attorneys, and then ruled upon by the judge.) 6. What is the difference between a judge overruling an objection and sustaining an objection? (When a judge overrules an objection that was made by an attorney, the judge is dismissing the objection and allow the matter to continue. When the objection is sustained, the judge is supporting the claim made in the objection and will grant the request made in the objection.) 185

192 7. What is a blanket objection? (A blanket objection is when an attorney objects to a question as being incompetent, irrelevant, and immaterial.) 8. What does it mean to impeach a witness? (To impeach a witness is prove that the witness lied during some prior testimony or that the testimony given at some prior time has been changed in some way.) 9. What is the difference between marking an exhibit for identification and receiving an exhibit into evidence? (Exhibits are usually first marked for identification in order to allow discussion regarding the exhibit. After the exhibit is discussed, a motion is then made by the attorney who presented the exhibit to have it received into evidence. Some exhibits that were marked for identification may never be received into evidence.) 10. What is meant by developing a readback voice? (A readback voice is a voice that can be heard by everyone present in the room. It is the ability to read back anything slowly, deliberately, and loudly.) 11. Explain how to read back off-color language or slang used in a courtroom? (The reporter needs to read back with confidence and reassurance, in a natural tone. The material should be read back just as any other readback situation.) 12. When a court reporter reads testimony back to a jury, what portions are left out? (When a court reporter reads back to the jury, he/she does not read questions that were objected to, objections that were sustained, the colloquy that follows, and places where witnesses were not allowed to answer. In addition, bench conferences or sidebars are not read back to the jury.) 13. Give an example of a reporter's oath used at a deposition or statement. ("Do you solemnly swear that the testimony you are about to offer regarding the cause hereinunder consideration shall be the truth, the whole truth, and nothing but the truth, so help you God?") 14. What shorthand symbol would you use to designate the beginning of direct examination by the attorney for the plaintiff? (An example of a designation used to show direct examination by the attorney for the plaintiff might be STPHAO-D.) 15. List three different criteria that are used to make speaker identification symbols; for example, an alphabetic designation would be STPHAO. (Three criteria used in making speaker identifications are: alphabetic, numeric, and syllabic. In addition, general characteristics and sitting positions may be taken into consideration.) 186

193 16. What is the difference between oral exhibits and physical exhibits? (A physical exhibit is something that can be handled, such as a document or item; oral evidence is the testimony of witnesses.) 17. What information should go on the exhibit marking? (The exhibit marking should include, at the bare minimum, the item being marked, the party, the number or letter, the date, the name of the court reporter, and whether it was marked for identification or received into evidence.) 18. Where might the exhibit marking be placed on a photograph? (The exhibit marking might be placed on the back of a photograph.) 19. How are large objects marked as opposed to very tiny, minute objects? (Large objects might be photographed and then marked, or tagged; small items might be placed in baggies for marking.) 20. List three principles to follow in reading back questions and answers or portions of testimony. (Three principles that might be followed in reading back testimony are: 1. practice reading back; 2. develop a readback voice; and 3. take time to read, reading back slowly, deliberately, and loudly.) Part II Short Answer 2 points each Write a parenthetical for each of the following: 1. A voir dire parenthetical: (The jurors were duly sworn for voir dire examination.) 2. A parenthetical invoking the rule: (The Rule was invoked, and the Court instructed the witness as follows:) 3. A parenthetical polling the jury: (Each juror, upon being asked by the Court, "Is that your verdict?" answered in the affirmative.) 4. A parenthetical indicating a recess taken: (A recess was taken.) 5. A parenthetical indicating an off-the-record discussion: (An off-the-record discussion was held.) 6. A parenthetical showing the marking of an exhibit for identification: (Plaintiff's Exhibit No. 1, a lease dated May 1, 1999, was marked for identification.) 7. A parenthetical indicating the reading of a deposition into the record: (Mr. Attorney read the deposition of Mrs. Witness to the jury.) 187

194 8. A parenthetical showing the reading back of the last question and answer: (The last question and answer were read by the reporter.) 9. A parenthetical showing a phonetic spelling: [Q. What was his name, please? A. I believe his name was Boris Vanitschlewski (phonetic).] 10. A parenthetical indicating an answer that has no verbal response: [Q. Where did you go next? A. (No audible response).] 11. Any parenthetical showing action on the part of the witness: (The witness complied.) (The witness left the stand.) (The witness was excused.) (The witness returned to the stand.), etc. Part III Matching 1 point each From the list of detractors, place the proper letter that corresponds to the correct answer for each of the following. Not all detractors are used. a. objections to expert witness q. leading and suggestive b. mention of insurance r. facts not in evidence c. objections as a result of surprise s. incompetent, irrelevant, immaterial d. attempt to impeach own witness t. motion to strike e. calls for expert testimony u. motion to view premises f. taking witness on fishing expedition v. motion to dismiss complaint g. badgering the witness w. motion for writ of habeas corpus h. evidence speaks for itself x. motion to disqualify a judge i. privileged information y. motion in limine j. narrative form of testimony z. motion for a bill of particulars k. illegally obtained evidence aa. motion for a change of venue l. self-incriminating testimony bb. motion for a continuance of case m. compound and complex question cc. motion to amend pleadings n. self serving answer dd. motion for a new trial o. hearsay evidence ee. motion to compel p. nonresponsive answer 1. A motion requesting something be added or deleted to a pleading. cc 2. A motion asking that the location of the trial be changed. aa 3. A motion made at the beginning of a trial. y 4. A motion requesting a detailed account of charges made against the defendant. z 188

195 5. A motion inquiring into the reason for detention of a defendant. w 6. A motion to visit the place where a crime occurred. u 7. A motion made to require opposing party to perform some act. ee 8. An objection made when the answer of the witness does not comply with the question asked. p or j 9. An objection made when the question asked by the attorney may color the answer given by the witness. q 10. An objection made when the question asked by the attorney is confusing. m 11. An objection made when the answer given by the witness tends to help his or her own cause. n 12. An objection made to a question because the answer may call for testimony concerning what somebody else said or heard. o 13. An objection made by a client's attorney because the testimony given by the witness may result in his client being charged with a crime. l 14. An objection made by an attorney against the testimony given by a witness because the testimony is confidential communications. i 15. An objection made by one attorney against the questioning by the other attorney on the grounds that the testimony goes far beyond the scope of the lawsuit. f 16. An objection to evidence which was not properly obtained. k 17. An objection made to a hypothetical question that does not parallel the case at hand. r 18. Often referred to as a blanket objection. s 189

196 UNIT EVALUATION NO. 4 Name Date Part I Short Answer 5 points each Write in the correct answer for each of the following questions. Use complete sentences where called for. 1. Briefly describe what a court reporting freelance agency is. (A freelance reporting agency is a company that will hire individual court reporters to do assigned work for their firm. Agencies hire reporters as full- or part-time employers and/or as independent contractors.) 2. Briefly describe what an independent contractor is in relation to freelance reporting. (An independent contractor is a person who is hired by a freelance agency on a per job basis. Usually the independent contractor will receive no benefits, no taxes are taken from his or her pay, and the person works on a job to job basis.) 3. What are some employee benefits that an agency may offer to its employees? (Some benefits offered by agencies to their employees are: financial interest in the agency, retirement account, paid holidays and vacation time, medical and dental insurance, salary plus commission, liability insurance, use of equipment, etc.) 4. What is a reporter/agency split fee? (The reporter/agency split fee is the percentage breakdown of what an agency gets in proportion to what the employer receives. For example, if the split fee is 70/30, the reporter will receive 70 percent of the amount paid for a transcript to the agency, while the agency will receive the remaining 30 percent.) 5. What is meant by the statement that freelance work may be feast or famine? (The statement freelance reporting may be feast or famine refers to the fact that sometimes jobs will be very plentiful for the reporter and his or her agency, while at other times jobs may be very scares. The amount of pay one receive when jobs are plentiful will be great, but the pay when times are slow will be very low.) 6. What is a self-employed freelance reporter? (A self-employed freelance reporter is a reporter who works for herself or himself. There is no split fee and the reporter basically is her o her own boss. There are advantage and disadvantages to being a self-employed freelance reporter.) 7. Why is it important for a reporter to obtain the pleadings of a case before a deposition begins? (It is important for a reporter to obtain the pleadings of a case before a deposition 190

197 because of the great amount of information that can be obtained from the pleadings. The complaint and answer will supply the reporter with a wealth of information.) 8. What are some usual stipulations that may be agreed upon at a deposition? (Some of the usual stipulations are: written notice of taking the deposition is waived, notice of filing is waived, objections are waived until the time of trial except as to the form of the question, the signature of the witness is waived, etc.) 9. What is a notary public? (A notary public is an officer whose duty is to attest to the genuineness of legal instruments so that they can be used in courts of law.) 10. Give an example of a typical oath that a reporter may used at a deposition or statement. (A typical deposition oath may be: Do you solemnly swear that the testimony you are about to offer regarding the cause hereinunder consideration shall be the truth, the whole truth, and nothing but the truth, so help you God? ) Part II True or False 2 points each Write in T for all statements that are true or F for all statements that are false: 1. A deposition is also called an XBT? T 2. Depositions make up the majority of the daily activity for most freelance reporting firms. T 3. Ee bene esse literally means to speak the truth. F 4. Discovery depositions are reported before a trial begins to elicit evidence that will give information concerning the facts surrounding the litigation. T 5. The defendant is the person who brings an action against another person. F 6. Depositions in aid of execution may be taken before a case is started in order to help fulfill a court order that resulted from the case after trial. F 7. Depositions on written questions are similar to interrogatories except the person answering the questions is required to appear by summons. F 8. A subpoena duces tecum is subpoena requiring the witness to bring certain written books, records, or other objects with him to testify. T 9. Interrogatories are a type of examination or method of discovery where questions are already written and sent to the examining party. T 191

198 10. Statements do not carry the same force of a deposition, but they are helpful for impeachment purposes. T 11. The deponent in a deposition is the lawyer who called the original deposition. F 12. There are a variety of things that the freelance reporter needs to bring to the deposition site, however, one thing the reporter does not have to bring is exhibit marking equipment since exhibits are rarely marked at depositions. F 13. Freelance reporters at depositions do not use a worksheet. F 14. Freelance reporters are usually responsible for swearing in the witnesses at a deposition. T 15. Depositions are never reported verbatim. F 16. If a witness begins to speak too rapidly or says something that is not understandable, the reporter should stop the witness and ask him or her to repeat their answer. T 17. Off-the-record discussions are always reported by the reporter. F 18. Some attorneys will expect the court reporter to keep and maintain all exhibits introduced for identification and then include them in the transcript. T 19. Reporters should sit at a chair that has a straight back with armrests. F 20. The phrase usual stips refers to the usual orderly method of calling witnesses. F 21. Deposition stipulations are usually placed at the beginning of the transcript. T 22. While an affirmation may be used in a court of law, it may be not bused at a deposition because there is no judge present. F 23. All objections made during a deposition must be reported verbatim. T 24. When an attorney requests that the reporter cite the question he or she means that the questions is to be certified. T 25. A witness is permitted to correct errors that he or she claims are present in the reporter s transcript of testimony. T 192

199 UNIT EVALUATION NO. 5 Name Date Part I Short Answer 5 points each Write in the correct answer for each of the following questions. Use complete sentences where called for. 1. List some of the different titles that the captioner is known by. (Some of the different titles of the captioner are: closed captioners, realtime captioners, stenocaptioners, steno interpreters, broadcast captioners, broadcast stenocaptionists, teleconference captioners, and CART providers.) 2. What are the three broad categories that all captioners can be placed in? (The three broad categories of all captioners are: broadcast captioners, steno interpreters, and CART providers.) 3. What does line 21 refer to in the captioning industry? (Line 21 refers to the television broadcast signal that is automatically encoded by the TV station when they receive the translated English words from the captioner.) 4. Briefly describe where the services of a steno interpreter or steno captioner may be used. (The services of steno interpreters are used in educational settings as an assitive technology for hearing impaired students. They are used in church settings to caption worship services, live theater productions, plays, movies, business or office situations, telephone conferences, and courtroom settings.) 5. When speaking about CART providers, what do the initials CART stand for? (The initials CART stand for Communications Access Realtime Translation). 6. What distinguishes the CART provider from the normal closed captioner? (CART providers are sensitive to the needs of the hearing impaired. Very often they have training in the area of writing for the deaf or hard-of-hearing.) 7. Briefly describe what the term fingerspelling means in relation to the CART provider or closed captioner. (Fingerspelling is the writing of words letter by letter on the shorthand machine. Fingerspelling differentiates between initials, words that are spelled out by a speaker, and acronyms. Fingerspelled words should always translate with the appropriate spacing.) 193

200 8. Briefly describe what remote CART is. (Remote CART occurs when the provider is in one location and the consumer is in another. The CART provider may listen to a voice via phone or other listening device. As the provider hears what is being said, he/she writes to their steno machine and ha it translated and transmitted as text to another location.) 9. Discuss some of the basic equipment needed by a CART provider. (Among the items of the equipment that the CART provider needs are the following items: stenotype machine and realtime cable, notebook computer, CAT/realtime software, text-enlarging software, diskettes, extension cord, surge protector, 3-prong to 2-prong ground cord adapter, duct tape, etc; computer, monitor, projection screen, encoded, or L.E.D. display.) 10. Briefly define assistive technology. (Assistive technology is the use of any technological device to assist any individual with a disability to better communicate or function in any given life situation.) Part II True or False 2 points each Write in T for all statements that are true or F for all statements that are false: 1. In viewing closed captioning, only one or two lines appear at the bottom of the screen and they scroll off the screen as the next line is generated. T 2. When reporting closed captioning, a single angled bracket > indicates the beginning of a new speaker. F 3. Broadcast captioners are not always 100 percent accurate. T 4. A CART provider and a sign interpreter may be called upon to work as a team for hardof-hearing individuals. T 5. CART providers should have a distinct method of writing numbers in all their forms, that is as words, Roman numerals, cardinal numbers, and ordinal numbers. T 6. In reference to the hearing impaired, the initials ADA stand for the America s Disabled Association. F 7. The National Court Reporters Association is a professional organization of reporters who only work in a courtroom situation. F 8. A simple keyboard that connects to a telephone through an acoustic coupler and allows two people to communicate via keyboards is called a teletypewriter or text typewriter. T 194

201 9. Closed captioning refers to captions that have been decoded and made a part of the television picture itself they cannot be turned off but are a permanent part of the movie or video projection. F 10. On-line captioning is closed captioning. T 11. Broadcasting of an event via more than one media is referred to as caption-casting. F 12. Offline captioning is open captioning. T 13. Voice-to-print, voice-to-text, speech-to-print, and speech-to-text are all various methods used to convert the written word to different speech patterns. F 14. The Telecommunications Act of 1996 addresses the issue of closed captioning for video programs. T 15. The Decoder Circuitry Act of 1990 required new televisions to have built in decoder circuitry for closed captioning. T 16. Electronic newsroom captioning technique creates captions from a news script computer or teleprompter used for live newscasts and is reliable for all material both scripted and non scripted. F 17. Recent legislation will require digital televisions to enable consumers to control the print type, color, size, and background of all captions._ T 18. Captioners are usually hired by large captioning corporations who specialize in closed captioning. T 19. A captioner working on site will probably not need a modem. T 20. Remote captioners working from a home/office situation require more specialized equipment than on-site captioners. T 21. Captioning is an assitive technology in the sense that its services may as the eyes of hearing impaired individuals. F 22. The RPR is a national test offered by the AARP. F 23. In the field of court and realtime reporting, the initials CRR stand for Certified Realtime Reporter. T 24. In captioning, the symbol >> usually indicates the beginning of a new story. F 195

202 25. Closed captioning has been used as by people unfamiliar with the English language as an aid in helping them to read as well as pronounce words. T 196

203 UNIT EVALUATION NO. 6 Name Date Part I Short Answer 3 points each Write in the correct answer for each of the following questions. Use complete sentences where called for. 1. Why was the federal court system originally developed? (The federal court system was originally developed so that the national government would not have to depend on state courts to carry out its laws.) 2. Various names are used for the highest courts of appellate jurisdiction on the State level. Give two names these courts are known by. (The highest courts of appellate jurisdiction on the state level may be called the Supreme Court, the Court of Appeals, the Supreme Judicial Court, or the Supreme Court of Appeals.) 3. What is ergonomics? List three ergonomic issues relating to the working environment. (Ergonomics is the study of the working environment in relation to how one works. Some issues are office furniture and space, office color, light and temperature, and health issues relating to back strains, vision strain, repetitive strain injuries, and stress-related problems.) 4. In your own words, define what ethics are: (Student's response should reflect his or her own opinion. Ethics are a set of moral guidelines by which one conducts one's personal life and business practices.) 5. Explain the professional ethic "Reporters shall be fair and impartial toward each participant in all aspects of reported proceedings." (A court reporter has the responsibility to treat everyone in the same unbiased and unprejudiced manner.) 6. What is a conflict of interest? (A conflict of interest is a situation in which a court reporter may have a direct or indirect interest in the outcome of the litigation.) 7. What is an impropriety? (An impropriety is something that is wrong or improper.) 8. What is the amount of maximum value placed upon a gift that reporters should receive from attorneys or clients? (Reporters should not give or receive anything of value, except nominal items that do not exceed $ in total per year.) 9. What does the word integrity mean? (Integrity is honesty and forthrightness.) 197

204 10. What does the following professional guideline refer to? "Realtime reporters should take special precautions regarding ethical situations that may arise." (Realtime reporters need to be concerned with whether a record is verbatim or assistive in nature; who will own the electronic computer note file; who will have access to the file and have distribution rights; how is realtime handled in readback situations and jury deliberations; how substantial are the differences between rough unedited copy and final copy; and, what are fair and equitable charges for an electronic file versus a hard copy.") 11. In your own words, describe what the term "assistive technology " means in relation to realtime writing and legal proceedings. (Assistive technology refers to any technology, including realtime translation, which will help or assist in doing a specific job. For example, some realtime records of classroom lectures do not have to be verbatim, but may be assistive in nature.) 12. In your own words, describe what an uncertified rough draft transcript is. (An uncertified rough draft transcript is a transcript that has been written in realtime without any editing to clean up the untrans and mistrans.) 13. In your own words, define professionalism. (Student's response should reflect his or her own opinion. Professionalism is the quality of having higher standards that one follows in his or her career, and the ability to work with great skill in one's occupation.) 14. In reference to court reporting tests, what is an individual agency test and when might one be given? (An individual test is a test or examination that is given by an employer to a perspective employee. It may consists of speed and/or a questions pertaining to grammar and procedures. It is given by employers who are considering applicants.) 15. What is an individual state test and when might one be given? (An individual state test is a test that is given by a state governing body in considering to employ court reporters in an official capacity. This type of test is usually given on an annual basis before hiring court reporters.) 16. What is a national examination and when might one be given? (A national examination is one that is offered by a national organization such as the NCRA. An example of such a test is the RPR or Registered Professional Reporter test which is given twice a year and is open to any reporter who is a member of the NCRA.) 17. What do the initials RPR stand for? (Registered Professional Reporter) 18. What do the initials CSR stand for? (Certified Shorthand Reporter) 19. What do the initials CRR stand for? (Certified Realtime Reporter) 198

205 20. What do the initials RDR stand for? (Registered Diplomate Reporter) 21. What do the initials NCRA stand for? (National Court Reporters Association) 22. What do the initials CCR stand for? (Certified Courtroom Reporter) Part II True and False 2 points each Write in T for all statements that are true or F for all statements that are false: 1. The Supreme Court is the highest court in all state court systems. F 2. Every criminal trial must be a trial by jury. F 3. A reasonable time to wait for a response after an interview for a job is a week to ten days. T 4. Most paragraphs in a cover letter should begin with the pronoun "I," since you are the one writing the letter about you. F 5. Some ethicists have said that ethics are a matter of personal choice. T 6. A professional court and realtime reporter strives to do shoddy work. F 7. A professional court reporter relies on some sort of release such as drugs or alcohol. F 8. Most private organizations or court reporting agencies will test court reporters who wish to work for them by administering their own examinations. T 9. In some states passing a test for certification is required to work as either a freelance or official reporter. T 10. The Dictionary of American Slang is a good example of a topical dictionary. T 11. The Internet is not a very reliable source of information when researching for the record. F 12. Dictionaries and encyclopedias are not available on the Internet. F 13. A legal citation is a reference made by a lawyer to a specific law or statute. T 14. Corpus Juris Secundum and American Jurisprudence are legal dictionaries. F 199

206 15. All items listed in a resume, including education and job experience, should be listed in chronological order with the most recent first. T 16. Carpel Tunnel Syndrome is an example of a repetitive motion injury. T 17. The United States Supreme Court is obligated to hear some cases that come to them on appeal, bypassing the courts of appeal. T 200

207 UNIT EVALUATION NO. 7 Part I Short Answer 5 points each 1. In relation to the technology of the court and realtime reporter, what are some of the differences between hardware and software? Give some specific examples of hardware and software. (Hardware refers to the various pieces of equipment which make a computer run. Software refers to the different applications or programs which operate inside the computer. Some examples of hardware are the disk drive, the keyboard, the monitor, the shorthand machine, etc. Some examples of software are specific programs, for example Microsoft Word and Stenograph Case CATalyst.) 2. List and discuss the five steps of the CAT cycle: (The five steps in the CAT cycle are: 1. reading, 2. translating, 3. editing, 4. saving, and 5. printing.) 3. In your own words, explain how a realtime writer is able to have the words "two," "too," and "to" translated properly spelled within the context of sentences. (Student's response may vary, depending upon their own concept of realtime. In essence, the computer is able to write "two," "too," and "to," because the court reporter or realtime writer learns to write each spelling differently on the shorthand writer. The theory that he or she uses stresses the fact that no two outlines are the same and each word has its own outline.) 4. What is the skill of recording by videotape called? (Videography is the skill of recording by videotape.) 5. Why is it important to have a court reporter present whenever a videotape is being used at a legal proceeding? (It is important to have a court reporter present during the videotaping of a proceeding because the court reporter reassures that the record is being kept in case something happens to the videotape. Also, the transcript produced by the court reporter is less expensive to produce and easier for court personnel to read the printed transcript rather than view the videotape.) 6. List three disadvantages of videotaping: (Some of the disadvantages of videotaping are: 1. viewers become bored; 2. searches are difficult; 3. malfunctions of tapes occur; 4. videotapes have a shelf life; 5. videotapes are at the mercy of the environment; 6. storage becomes difficult; 7. producing a hard copy is difficult; and 8. lengthy trials pose problems.) 7. List three applications of videotaping: (Among the uses of videotaping are: 1. depositions of expert witnesses; 2. doctor's depositions; 3. demonstrative evidence;

208 demonstrations of disabilities or injured people; 5. scenes of accidents or fires; and 6. confessions, statements, and accuracy of charges filed by police.) 8. Name and define one form that is used by a videotape technician during the videotaping of a deposition. (Among the different forms used by videotape technicians are an Opening State Form, which is ready by the reporter at the beginning of the depositions; a specialized stipulation page outlining the ground rules for making the videotape; and a certification page attesting to the length of the videotape and the fact that he or she was the technician.) 9. What do the initials CVLS stand for? (The initials CLVS stand for Certified Legal Video Specialist.) 10. What is one advantage of using a tape recorder? (Among the advantages of using a tape recorder are: 1. it is easy to set up and requires very little skill; 2. it appears to be relatively inexpensive; and 3. modern recorders have different tracks for different speakers.) 11. What is one disadvantage of using a tape recorder? (Among the disadvantages of using a tape recorder are: 1. failure during taping; 2. transcript production is time consuming and expensive; 3. audio tapes wear out over time; 4. audio tapes are subject to environmental factors; 5. listeners may have a difficult time distinguishing words and voices; and 6. audio tapes cannot do realtime as well as the live court reporter.) 12. List two different problems encountered with voice-to-print technology. (Among the problems associated with voice-to-print technology are: 1. recognition of different dialects and speech patterns; 2. inability to work with more than once voice speaking at a time; 3. muffled and mumbled words are not distinguishable; and 4. translation is limited.) 13. What is voice-activated technology? (Voice-activated technology allows a computer or mechanical object to be turned on with a voice command.) 14. What is voice-recognition technology? (Voice-recognition technology allows a computer to recognize certain voice commands and to do something depending upon that command.) 15. What is voice-to-print technology? (Voice-to-print technology prints words as they are being said.) 16. What is the difference between realtime technology and closed captioning technology? (Realtime technology translates words as they are spoken and presents them in transcript format on a video monitor for instant viewing, usually a page at a time. Closed captioning involves the same technology, but usually transcribes words a line at a time at the bottom 202

209 of a television screen.) 203

210 17. What do the initials CIC and TAC stand for? (The initials CIC stand for Computer- Integrated Courtroom. The initials TAC stand for Total Access Courtroom.) 18. Describe Courtroom 21. (Courtroom 21, or The Courtroom of the 21 st Century Today, is located in the College of William and Mary Law School in Virginia. It is a joint project with the National Center for State Courts. It records the spoken word using realtime technology. The judge and lawyers have a computer monitor to view the transcript immediately. They can mark the transcript, refer to various portions of it and even call in previous transcripts. Courtroom 21 also uses automatic video recording; realtime or recorded televised evidence display; two-way television arraignments; text, graphics, and TV capable jury computers; LEXIS legal research; information storage and presentation; and individualized computer generated transcripts for marking.) 19. List one of the ten predictions listed in Chapter 42 regarding "Tomorrow's Technology." (Among the ten predictions are: 1. audio recorders will advance but never replace court reporters; 2. voice-to-print technology will advance but never replace court reporters; 3. voice recognition and voice-activated systems will improve, but will not replace court reporters; 4. video recordation will continue to improve but will supplement the live court reporter; 5. court reporting will involve multirecordation; 6. enhanced-evidence capturing technology will be used; 7. the speed of translation will increase remarkably realtime translation will be replaced by realtime transcription; 9. fast input and transcription will serve as a viable key-entry system of input; and 10. transcripts will be produced on CD- ROM with many choices of output by the client.) 20. a) You have been asked by a major manufacturer of court reporting machines to design your own shorthand writer. What would your specially designed court reporting shorthand machine look like? What features would it have that current writers do not have? What features would be eliminated from current models? What media would be used to record data (disk, CD, etc.)? What is its color, size, weight, and shape? Draw a picture of your shorthand machine (use your imagination). (This answer will clearly be at the discretion of the student. It should show imagination and take into consideration the items discussed in the entire textbook.) b) Included in your writer is your own specially designed software program that you created. What would your program do that current reporting programs do not do? What would the name of your program be? How much would your program cost? Why would court reporters purchase your software program over all other programs available on the market? Draw a picture of your logo (use your imagination). (This answer will clearly be at the discretion of the student. It should show imagination and take into consideration the items discussed in the entire textbook.) 204

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