CFE Flashcards
(126 cards)
A photograph can be either demonstrative evidence or real evidence.
True
In U.S. federal civil cases, either party may take discovery on any relevant, nonprivileged matter, but the parties cannot take discovery on matters that will not be admissible at trial.
False
The work product doctrine only protects material prepared by an attorney.
False
The legislature may not properly pass, the executive branch may not enforce, and the judiciary may not uphold any law or action that violates the provisions of the U.S Constitution.
True
The testimony of an expert witness will be admitted if the testimony is relevant to any issue.
False
The body of judge-made law that developed from England and is still used today in the United States is called:
Common law
During cross-examination, it is opposing counsel’s golden rule to cross-examine an expert only if it would benefit the case.
True
Unless a witness is a non-adversarial, court-ordered witness, he cannot express opinions or draw conclusions in his testimony.
False
Which of the following was NOT covered by the Supreme Court’s decision in Katz v. United States?
Before interrogating a suspect, the police must warn him that he has a right to the assistance of an attorney.
To recover under the tort of false imprisonment, a plaintiff must show that the defendant knew he had no legal right to restrain the plaintiff’s physical liberty.
False
One expert cannot testify about the opinions of another expert.
False
The Supreme Court has held that police must have probable cause to briefly detain and question a person for investigative purposes.
False
A fidelity bond is a type of bail bond that ensures the defendant will appear at trial or suffer loss of the bond amount.
False
Under the “honest services” fraud statute (18 U.S.C. § 1346), the mail fraud and the wire fraud statutes may be used to prosecute any fraudulent conduct that deprives a victim of his right to honest and unbiased services.
False
The mail fraud statute is most properly characterized as what type of law?
Substantive
Under the Code of Professional Ethics, CFEs who testify as expert witnesses are prohibited from:
Testifying to opinions concerning the defendant’s innocence
Which of the following is a reason why most plaintiffs in larger civil actions prefer filing their cases in federal courts over state courts?
Plaintiffs have easier access to witnesses in federal courts
What type of challenge occurs when the defense attorney in a criminal trial excuses a juror for no reason?
Peremptory
Based on Rule 702 of the Federal Rules of Evidence, which of the following is NOT a question that must be asked in determining whether an expert may testify before the jury?
Is the person well-educated in the subject?
Black is a Certified Fraud Examiner for the ABC Company. Green, an employee in the accounting department, steals $40,000 worth of merchandise from the store’s warehouse. If Black eventually refers Green’s case to law enforcement, and the government decides to charge Green with a crime, the prosecutors probably will charge Green with:
Larceny
Green has been hired as an expert witness. He may be required to file a written report. This report would include not only his opinions regarding the case, but also a list of publications he has authored and a list of cases in which he has testified.
True
Which of the following statements about amendments to the U.S. Constitution is correct?
The Sixth Amendment affords subjects in a criminal investigation the right to a speedy trial.
Character witnesses often are used in criminal trials. In general, character witnesses may testify to:
Opinion on character, but not specific good deeds
A defendant’s prior convictions usually are NOT introduced at trial unless the defendant takes the stand.
True