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| Section | Objectives |
|---|
| VI. Testifying as an Expert Witness | - Qualifications and credentials - Report writing for legal proceedings - Cross-examination strategies - Direct examination procedures
|
| II. Criminal Law | - Classification of crimes (felonies, misdemeanors) - Criminal intent and Mens rea - Parties to criminal actions - Elements of criminal offenses
|
| IV. Rules of Evidence | - Relevance and materiality - Expert witness testimony - Types of evidence (direct, circumstantial, documentary) - Hearsay rules and exceptions - Privilege and confidentiality
|
| V. White-Collar Crime Offenses | - Tax fraud - Bankruptcy fraud - Embezzlement statutes - Money laundering - Securities fraud - Mail fraud and wire fraud
|
| III. Criminal Procedure | - Exclusionary rule - Miranda rights - Search and seizure laws - Arrest procedures - Warrant requirements
|
| I. Law and the Fraud Examiner | - Overview of the legal system and fraud investigation - Rights of investigators and defendants - Legal requirements for evidence collection
|
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ACFE Certified Fraud Examiner Sample Questions (Q211-Q216):
NEW QUESTION # 211
In most civil law jurisdictions which of the following BEST describes when a party is required to begin taking steps to preserve and produce relevant evidence?
- A. When the party receives a service of process
- B. When the court orders such steps to be taken
- C. When the charging documents are filed
- D. When litigation has started
Answer: D
NEW QUESTION # 212
In systems using adversarial processes, an attorney may impeach an opposing party's witness by showing that the witness:
- A. Is influenced by bias or self-interest
- B. Made poor consistent statements
- C. Testified from personal knowledge
- D. Has a keen ability to observe
Answer: A
Explanation:
This question tests your knowledge of Domain 1.
In the context of Overview of the Legal System, specifically relating to adversarial, the question asks about the core concepts in this area.
The correct answer is D: Is influenced by bias or self-interest.
This question relates to the legal system framework. Understanding the distinction between different legal systems and processes is crucial for fraud examiners. The correct answer accurately describes the relationship between different legal entities and their jurisdictions. In adversarial systems, opposing parties present their cases before a neutral judge or jury, while in inquisitorial systems, judges take a more active role in investigating cases.
NEW QUESTION # 213
Which of the following statements regarding civil lawsuits in most jurisdictions is CORRECT?
- A. The plaintiffs initial filing does not typically need to contain a summary of the evidence
- B. Civil lawsuits begin with the filing of a pleading, usually in the jurisdiction in which the defendant resides or where the claim arose
- C. The plaintiff's initial filing with the court does not typically need to include the specific facts on which the claim relies.
- D. All of the above are correct
Answer: B
Explanation:
This question tests your knowledge of Domain 1.
In the context of Overview of the Legal System, specifically relating to civil, the question asks about civil lawsuits in most jurisdictions is CORRECT, CORRECT.
The correct answer is B: Civil lawsuits begin with the filing of a pleading, usually in the jurisdiction in which the defendant resides or where the claim arose.
This question relates to the legal system framework. Understanding the distinction between different legal systems and processes is crucial for fraud examiners. The correct answer accurately describes the relationship between different legal entities and their jurisdictions.
NEW QUESTION # 214
Which of the following is a legal element that the government must show to prove a conspiracy claim?
- A. The conspirators accomplished the purpose of the conspiracy that was initially established.
- B. All of the conspirators knowingly committed an overt act in furtherance of the conspiracy.
- C. The defendant intentionally or unintentionally joined and participated in the illegal scheme.
- D. The defendant entered into an agreement to commit an illegal act with at least one other person.
Answer: D
Explanation:
This question tests your knowledge of Domain 2.
In the context of The Law Related to Fraud, specifically relating to conspiracy, the question asks about the core concepts in this area.
The correct answer is B: The defendant entered into an agreement to commit an illegal act with at least one other person..
This question addresses fraud-related laws. The correct answer identifies the proper legal concept or violation that applies in the described scenario. Fraud examiners must understand these legal principles to properly identify and address fraudulent activities.
References:
- CFE Exam Content Outline: Domain 2: The Law Related to Fraud
- conspiracy
- Fraud Examiners Manual, Law Section
NEW QUESTION # 215
Which of the following is the MOST ACCURATE statement about the UK Bribery Act?
- A. The UK Bribery Act only exercises jurisdiction over individuals and corporate entities for acts of corruption when the offense occurs outside the United Kingdom
- B. Like the FCPA the UK Bribery Act contains an explicit exception for facilitating payments
- C. Unlike the FCPA. the UK Bribery Act makes it a crime to bribe a foreign public official in connection with international business transactions
- D. Even if an organization's anti-corruption program complies with the FCPA, it might not be sufficient for the purpose of complying with the UK Bribery Act
Answer: D
Explanation:
This question tests your knowledge of Domain 2.
In the context of The Law Related to Fraud, specifically relating to corruption, bribery, the question asks about MOST ACCURATE, UK, the UK Bribery Act.
The correct answer is B: Even if an organization's anti-corruption program complies with the FCPA, it might not be sufficient for the purpose of complying with the UK Bribery Act.
This question addresses fraud-related laws. The correct answer identifies the proper legal concept or violation that applies in the described scenario. Fraud examiners must understand these legal principles to properly identify and address fraudulent activities.
NEW QUESTION # 216
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