Forensics Chapter 2

Daubert v. Merrell Dow Pharmaceuticals rules that the "testimony must be based off facts or data, whereas using Frye v. United States rules, the "testimony" must be based on generally accepted principles in the field in which it belongs.

True (Correct Answer)

Rationale:

Daubert v. Merrell Dow Pharmaceuticals rules that the "testimony must be based off facts or data, whereas using Frye v. United States rules, the "testimony" must be based on generally accepted principles in the field in which it belongs.

Each state has its own rules of civil procedure, which may be less stringent than federal rules but can never be more so.

True

False

False (Correct Answer)

Rationale:

Each state has its own rules of civil procedure, which may be MORE stringent than the federal rules but can never be LESS so.

Feng Mian is going to be a lay witness in Zepher Inc. v. United States. This will be the first time Feng Mian testifies. What is the purpose of a lay witness's testimony?

Testifies to evidence in the case

Testifies to personally observed facts

Testifies to evidence for a search warrant

Testifies to an accounting report

Testifies to personally observed facts

Maddox is an expert in exfiltration (removal) of data. He is testifying about an incident where Areon Corp. lost its customer database to hackers over several months. He has no personal knowledge of the incident but has been called to testify before a jury. In what manner is Maddox allowed to testify?

He may testify as if he has personal knowledge of the event.

He can state his opinions by responding to actual questions.

He must state opinions by responding to hypothetical questions.

He should testify only about what he knows.

He can state his opinions by responding to actual questions.

Emilia is in the process of writing a preliminary report for the first time. Her friend Amari tells her to be careful as to what to write because a preliminary report is a high-risk document. What makes a preliminary report a high-risk document?

It's a final report.

Opposing counsel can try and discredit you with it.

The preliminary report can always be used against you in a court of law.

Opposing counsel can demand discovery on it.

Opposing counsel can try and discredit you with it.

Opposing counsel can demand discovery on it.

Caleb created a hash value on a file he was working on before he left for the day. When he came back the next day, the hash value had changed. Since there was a change in hash value, what did that do to the file Caleb was working on?

The file had been opened.

The file had been altered.

The file had been erased.

The file had been moved.

The file had been altered.

Avraham knows that for a statement to be considered absolutely true, it must be stated conservatively. However, it might be considered a guess if he overreaches. How can Avraham protect his credibility?

By making a statement of limitations of knowledge and uncertainty

Swearing on a Bible

Reading off his CV to the jury

Talking about past cases

By making a statement of limitations of knowledge and uncertainty

Jennifer is working at a research lab and is about to write her first report. As she sits down to write, she begins by making a template. Her colleague Mike stops by and tells her that's a bad idea. Why would Mike argue against Jennifer using her own template?

Organizations are picky about who writes report templates.

Organizations likely have established templates for reports.

Organizations want people to ask for permission before creating templates.

Organizations want reports written quickly.

Organizations likely have established templates for reports.

Miriam's PDF is about to be put into the e-discovery database. The document has several images in it. When she puts it through the OCR (Optical Character Recognition) software, the text for the images comes out garbled. So before Miriam adds her document to the e-discovery database, what steps should she take to correct the errors she finds?

Run it through the OCR software again and then send it.

Leave it as a PDF.

Give it to someone else to fix.

Check the OCR document and be sure to correct any errors she finds.

Check the OCR document and be sure to correct any errors she finds.

Camilla works for an attorney so she must bill her time by the hour. Time duration is listed in tenths of an hour. How many minutes are there in a 10th of an hour?

10 minutes

12 minutes

6 minutes

5 minutes

6 minutes

Derek is about to write a report for his client. There are a few questions he needs to consider before writing it. What are a few of those questions Derek needs to consider?

Who is the attorney?

Who is the defendant?

What are the defined goals or mission of this examination?

What is the purpose of the report?

What are the defined goals or mission of this examination?

What is the purpose of the report?

Yasmin's about to write her report. Her boss Rebecca, hands her the Digital Forensics Report Audience Worksheet to determine the type of audience reading the report. Yasmin sees that the attorney's knowledge of information technology is low, but Steve Billings, a non-legal party, has medium technical knowledge. Knowing this piece of information, how should Yasmin go about writing for her audience?

Yasmin should write for the attorney's knowledge level.

Yasmin should write for Steve Billings' knowledge level.

Yasmin should write for jury's knowledge level.

Yasmin should write for the judge's knowledge level.

Yasmin should write for the attorney's knowledge level.

Jimmy has refined his outline and is now working on his topic sentences. He's unsure how to proceed and how to develop good topic sentences because this is his first time writing a forensic report. Hanska, his friend and mentor, wants to help him through his dilemma but doesn't want to just give him answers. You walk by and hear this conversation. You think you know the answer. What's the purpose of a good topic sentence?

It introduces the main finding of the examination.

It can belong in more than just one section.

It can set the tone for your whole examination.

It provides a clear direction for the rest of the analysis.

It introduces the main finding of the examination.

It provides a clear direction for the rest of the analysis.

Julian was using Autopsy (a digital forensics tool) to generate a list of files found during an examination. He's new to the field of digital forensics. Before he begins, he needs to know what type of functions Autopsy can perform. You've recently begun working with Autopsy. What can you tell Julian about the program?

Autopsy lists files and compares evidence.

Autopsy describes the evidence, not just a list of the files.

Autopsy provides a list of files. It does not describe the evidence.

Autopsy can file a report but cannot list files.

Autopsy provides a list of files. It does not describe the evidence.

Solomon is working on a case that is garnering a lot of media attention. every time he leaves the courtroom, he is swarmed by reporters. One day he finally gets away and is sitting by himself having lunch, when a single reporter approaches him. This reporter, Jessica, says to Solomon, everything you tell me will be off the record, so could you tell me about the case? Why should Solomon tell Jessica he can't speak to her?

Solomon's comments could harm the case and create a record that can be used against him.

Solomon's comments could show he's impartial to this case.

Solomon has no control over the context of the information a journalist publishes.

Journalists don't care what Solomon thinks, they just want to sell newspapers.

Solomon's comments could harm the case and create a record that can be used against him.

Solomon has no control over the context of the information a journalist publishes.

Amelia is about to begin work on a new forensic examination. As she is preparing to process the evidence, the one thing that she must always keep in mind is to keep her opinions to a minimum. Why is it important for Amelia to keep her opinions to a minimum during an examination?

Amelia must keep her opinions to a minimum to maintain her experience.

Amelia must keep her opinions to a minimum to maintain her composure.

Amelia must keep her opinions to a minimum to maintain her impartiality.

Amelia must keep her opinions to a minimum to maintain her credibility.

Amelia must keep her opinions to a minimum to maintain her impartiality.

Amelia must keep her opinions to a minimum to maintain her credibility.

As a forensic examiner, Jakob can apply his skill set in two different ways when testifying. He can be either a fact witness or an expert witness. What are the main differences between being a fact witness and an expert witness?

As a fact witness, Jakob provides only the facts he has found in his investigation. As an expert witness, he forms opinions from experience and deductive reasoning based on facts found during an investigation.

As an expert witness, Jakob provides only the facts he has found in his investigation. As a fact witness, he forms opinions from experience and deductive reasoning based on facts found during an investigation.

Expert and fact witnesses base testimony on facts and experience alone.

It's the facts that make Jakob a fact witness; it's his opinion that makes him an expert witness.

As a fact witness, Jakob provides only the facts he has found in his investigation. As an expert witness, he forms opinions from experience and deductive reasoning based on facts found during an investigation.

It's the facts that make Jakob a fact witness; it's his opinion that makes him an expert witness.

Samantha is about to be questioned for the first time about her qualifications as an expert witness. She hears the attorney she works for calling it voir dire. Samantha wants to know what "voir dire" means. What does Samantha's attorney tell her the translation means?

To see, to say

To hear, to look

To be or not to be

To say, to see

To see, to say

Gretchen is about to give oral testimony and wants to be sure that the jury understands it clearly. What's the best way to impart her testimony to help listeners retain what's being said?

Graphical presentation

Copious notes

Detailed explanation

Simple explanation

Graphical presentation

Carlos is an independent contractor. He recently went to work for the law firm of Bartlet and James. He was beginning work on a new case involving an aerospace firm. One day, he gets a call from Jim Lacy, the opposing attorney from the firm of Cagney and Marcy and asks him to discuss the case with him. Carlos says "no" and quickly hangs up the phone. Why does Jim want to speak with Carlos about the case?

Jim is interested in Carlos' opinion about the case.

Jim wants Carlos's help on a part of the case.

Jim wants to conflict out Carlos.

Jim wants to find out how much Carlos is being paid.

Jim wants to conflict out Carlos.

Jesus is testifying for the first time in a big case for General Computing Corp. The judge has ordered a ten-minute recess, and Jesus realizes he has a question for General Computing Corp's attorney. So, Jesus runs to catch Martin, the attorney, in the hallway. Jesus is speaking to Martin when the opposing counsel sees them talking. What are the possible repercussions of the interaction between Jesus and Martin?

There are no repercussions from the conversation between Jesus and Martin.

Opposing counsel can demand that Jesus explain and repeat the conversation he had with Martin.

Repercussions can include fines for misconduct.

The case is thrown out on a technicality.

Opposing counsel can demand that Jesus explain and repeat the conversation he had with Martin.

Filipa is working for the Sussex County DA's office. She comes across some evidence she believes is exculpatory (evidence that exonerates or diminishes the defendant's liability) and tells the District Attorney about it emphasizing its exculpatory nature. DA Jennifer Donner sets it aside and doesn't do anything about it. Filipa has tried several times to get DA Donner to look at it. Filipa is worried an innocent man might go to jail. What is Filipa's next course of action?

Tell the defense attorney.

Keep attempting to prompt the DA to do something about it.

Drop it.

Report the lack of disclosure to the judge.

Report the lack of disclosure to the judge.

Ambrus is in a discovery deposition. The opposing counsel Mark Miller is just about to finish up. At the end of the session Mark asks Ambrus if he would like to waive signature. Ambrus says no. Why is Ambrus not waiving signature on the deposition?

Not waiving signature will avoid delays in the deposition process.

Not waiving signature allows for review and corrections.

Not waiving signature will avoid disputes.

Not waiving signature will keep you from making commitments.

Not waiving signature allows for review and corrections.

Gabriel is an expert witness on ransomware attacks across Canada. He is working on his analysis of the crime when his supervisor, Antonia, comes up to him and says, "Forget about going to court for now, you are needed in the House of Commons!" Gabriel is concerned. Why would they need him in the House of Commons (Canada's Legislative body)?

He's in trouble for knowing too much about ransomware.

They are seeking his testimony because they are contemplating making a rule or legislation.

He is going there for a matter unrelated to ransomware.

They want to look like they're doing something in front of the TV cameras.

They are seeking his testimony because they are contemplating making a rule or legislation.

Roseline is an attorney for the firm Dewy and Howe. Her expert witness for a case is Stanley. Roseline and Stanley are discussing the case before they arrive at the courtroom. Roseline tells Stanley not to worry or get defensive about what's about to happen in the courtroom. "This is common occurrence in judicial hearings." Roseline tells Stanley, "The judge and attorneys will be focusing on certain areas of your forensic examination." Which areas of Stanley's forensic examination will more than likely be the focus of the preliminary hearing?

The procedure for obtaining and preserving evidence

The basis or authority (warrant or probable cause) for Stanley conducting the examination

Rules and procedures for the trial

Rules and procedures for the witnesses

The procedure for obtaining and preserving evidence

The basis or authority (warrant or probable cause) for Stanley conducting the examination