Basic Principles Of Evidence

Question 1

A photograph can be either demonstrative evidence or real evidence.

A. True
B. False

Answer 1

True

Question 2

Which of the following scenarios would potentially result in the waiver of a client’s legal professional privilege over confidential communications with the client’s legal representative?

A. The client inadvertently forwards an email with privileged information to unrelated third parties who have no need to know the information
B. The client’s legal representative shares privileged communications with an unrelated third party who has no need to know the information
C. The client intentionally shares privileged communications with an unrelated third party who has no need to know the information
D. All of the above

Answer 2

D. All of the above

Question 3

The fact that an item of evidence is relevant does not automatically mean that it will be admitted in adversarial trials. Evidence might be relevant but still excluded for other reasons. Which of the following is one of those reasons?

A. Misleading
B. Waste of time
C. Unduly prejudicial
D. All of the above

Answer 3

D. All of the above

Question 4

Waiver of a legal professional privilege occurs when a client shares privileged information with an outside party who has nothing to do with the client’s pursuit of legal representation.

A. True
B. False

Answer 4

True

Question 5

In systems using adversarial processes, an attorney may impeach an opposing party’s witness by showing that the witness:

A. Has a reputation for untruthfulness
B. Is influenced by bias or self-interest
C. Made prior inconsistent statements
D. All of the above

Answer 5

D. All of the above

Question 6

In jurisdictions that provide a legal professional privilege, such as the attorney-client privilege, an attorney’s client can waive any protection the privilege provides over confidential communications if the client discloses the privileged information to unrelated third parties who have no need to know the information.

A. True
B. False

Answer 6

True

Question 7

Which of the following is an element that must be present for communications between an attorney and the attorney’s client to be protected by a legal professional privilege?

A. Purpose of the communications was to seek or provide legal advice
B. Communication between a legal advisor and a client
C. Intent to keep the communications confidential
D. All of the above

Answer 7

D. All of the above

Question 8

The hard drive of a compromised computer system was given to Brad, a forensic examiner, for analysis. If Brad cannot verify who gave him the computer’s hard drive for analysis, then:

A. The chain of custody is broken.
B. The best-evidence rule is invoked.
C. The hard drive must be rehashed.
D. The hard drive must be imaged.

Answer 8

A. The chain of custody is broken

Question 9

While conducting a fraud examination, Black, a Certified Fraud Examiner (CFE), obtained a document in Year 1. Since Black obtained the document, several individuals have had it in their possession. In Year 2, the document was introduced at trial. However, the document’s authenticity was questioned because there was no record of who had possession of it and what they did with it. The question concerning the document’s authenticity is based on a failure to maintain _____________.

A. Who validated the evidence
B. The best form of the evidence
C. The chain of custody
D. The attorney’s evidence records

Answer 9

C. The chain of custody

Question 10

In systems using adversarial processes, counsel may be able to impeach an opposing party’s witness by showing that the witness has an impaired ability to observe.

A. True
B. False

Answer 10

True

Question 11

In common law jurisdictions, the litigation privilege applies only to documents and things prepared in anticipation of litigation.

A. True
B. False

Answer 11

True

Question 12

A client hires an attorney in a jurisdiction that provides a legal professional privilege. If the attorney shares client communications that are confidential and subject to the legal professional privilege with an outside consultant hired to help provide legal advice to the attorney’s client, then the client will automatically lose any protection the legal professional privilege provided over the communications.

A. True
B. False

Answer 12

False

Question 13

Black, a Certified Fraud Examiner (CFE) who lives and works in a common law legal system with a litigation privilege, discovers a potential fraud at the ABC Company while auditing ABC’s procedures. She immediately notifies ABC’s in-house counsel. As a result, Black’s work up until that point is protected by:

A. The investigator-client privilege
B. The CFE-client privilege
C. The employer-employee privilege
D. None of the above

Answer 13

D. None of the above

Question 14

In a legal context, testimonial evidence refers to the oral or written statements made by witnesses under oath.

A. True
B. False

Answer 14

True

Question 15

Michael, a fraud suspect, confesses to a fraud. During Michael’s trial for the fraud, the government introduces the confession as evidence of Michael’s intent to commit the fraudulent act for which he is charged. What kind of evidence is Michael’s confession?

A. Circumstantial
B. Direct
C. Character
D. Testimonial

Answer 15

B. Direct

Question 16

Blue is a defendant on trial for fraud in a common law jurisdiction. One of the key pieces of evidence in the trial is a handwritten letter written by Blue that indicates his intent to commit the fraud. Before the letter can be admitted into evidence, Blue’s authorship of the letter must be established. Which of the following statements about establishing the authenticity of the letter is CORRECT?

A. The letter’s authenticity can be established by having a witness testify that they saw Blue write the letter
B. The letter’s authenticity can be established by having the jury review the document and vote on its authenticity
C. Because the letter is self-authenticating, it does not need additional authentication to be admitted
D. None of the above

Answer 16

A. The letter’s authenticity can be established by having a witness testify that they saw Blue write the letter

Question 17

CORRECT?

A. The letter’s authenticity can be established by having a witness testify that they saw Blue write the letter

Answer 17

False

Question 18

Relevant evidence is evidence that tends to make some fact that is in dispute more or less likely than it would be without the evidence.

A. True
B. False

Answer 18

True

Question 19

In most common law jurisdictions, for a document to be admitted into evidence, it must be properly __________; that is, the party offering the document must produce some evidence to show it is, in fact, what the party says it is.

A. Certified
B. Marked
C. Validated
D. Authenticated

Answer 19

D. Authenticated

Question 20

Blake, a Certified Fraud Examiner (CFE), testifies during a criminal trial that $25,000 was withdrawn without authorization from the plaintiff’s business account, and one week later, $20,000 was deposited into an account owned by the defendant. In the criminal trial of the defendant for theft, Blake’s testimony would be considered:

A. Demonstrative evidence
B. Circumstantial evidence
C. Real evidence
D. Direct evidence

Answer 20

B. Circumstantial evidence

Question 21

The primary reason for maintaining the chain of custody is to prevent opposing parties from accessing an item of evidence without a court order.

A. True
B. False

Answer 21

False

Question 22

Which of the following would be an example of direct evidence?

A. In a misappropriation trial, testimony that the defendant deposited $2,000 into their account and that, on the same day, $2,000 was stolen from the defendant’s employer
B. In an embezzlement trial, witness testimony about a suspicious situation in which the defendant was involved
C. In an embezzlement trial, expert testimony regarding the defendant’s mental functioning and drug addiction
D. In a misappropriation trial, eyewitness testimony of someone saying that they saw the defendant steal items from the inventory of the defendant’s employer

Answer 22

D. In a misappropriation trial, eyewitness testimony of someone saying that they saw the defendant steal items from the inventory of the defendant’s employer CORRECT

Question 23

The purpose of the authentication requirement in most common law systems is to ensure that hearsay is not admitted into evidence.

A. True
B. False

Answer 23

False

Question 24

A report by a Certified Fraud Examiner (CFE) states that $11,354.56 was withdrawn without authorization from the plaintiff’s business account on December 3, and on December 6 of the same year, $11,354.56 was deposited into an account owned by the defendant. During a criminal trial for theft against the defendant, the government introduces this information as evidence of the defendant’s guilt. What kind of evidence is the information contained in this report?

A. Circumstantial evidence
B. Indirect evidence
C. Inferential evidence
D. None of the above

Answer 24

A. Circumstantial evidence

Question 25

In most common law systems, a party can introduce relevant exhibits as evidence at trial even if the items are not established as authentic.

A. True
B. False

Answer 25

False

Question 26

In common law jurisdictions, the litigation privilege protects documents and materials prepared by an attorney, but this protection does not extend to documents and materials prepared by third parties.

A. True
B. False

Answer 26

False

Question 27

During a criminal trial involving allegations of corruption, the prosecution introduces a diagram illustrating the organizational structure of a company allegedly involved in the corruption. The diagram is an example of:

A. Real evidence
B. Documentary evidence
C. Demonstrative evidence
D. Direct evidence

Answer 27

C. Demonstrative evidence

Question 28

Which of the following is an acceptable way of authenticating digital records in most common law systems?

A. Accompanying the evidence with a written certification by the custodian of records
B. Having a witness who has personal knowledge of the records offer testimony
C. Providing evidence of distinctive characteristics of the records
D. All of the above

Answer 28

All the above