Fraud: Chapter 18
Call Kai
Learn
Practice Test
Spaced Repetition
Match
Flashcards
Knowt Play1/45
There's no tags or description
Looks like no tags are added yet.
Name | Mastery | Learn | Test | Matching | Spaced | Call with Kai |
|---|
No analytics yet
Send a link to your students to track their progress
46 Terms
18.1 Which of the following is a means of securing documents in the other party's possession that are relevant to the issues of the case?
a.
interrogatory
b.
request for admission
c.
subpoena
d.
production request
d.
production request
18.2 Which amendment protects the defendant from "unreasonable searches and seizures by the government?"
a.
Fourth Amendment
b.
Fifth Amendment
c.
Sixth Amendment
d.
Seventh Amendment
a.
Fourth Amendment
18.3 Which of the following is a protection offered to defendants by the Fifth Amendment?
a.
Protects against unreasonable searches.
b.
Precludes a person from being tried twice for the same crime.
c.
Grants the right to a speedy trial.
d.
Allows the state to take a private party's property without just compensation.
b.
Precludes a person from being tried twice for the same crime.
18.4 The term "voir dire" refers to:
a.
the requirement to prove a case beyond reasonable doubt.
b.
the need for the recipient to produce documents pertinent to the case.
c.
the process of qualifying an expert witness to testify.
d.
a situation when a defendant does not contest the charges but does not admit guilt.
c.
the process of qualifying an expert witness to testify.
18.5 What is the general order of occurrence for a civil trial?
a.
Discovery; investigation and pleadings; trial and appeals; motion practice and negotiation.
b.
Motion practice and negotiation; investigation and pleadings; discovery; trial and appeals.
c.
Trial and appeals; investigation and pleadings; discovery; motion practice and negotiation.
d.
Investigation and pleadings; discovery; motion practice and negotiation; trial and appeals.
d.
Investigation and pleadings; discovery; motion practice and negotiation; trial and appeals.
18.6 All of the following observations are true about a criminal case EXCEPT:
a.
guilt must be established "beyond a reasonable doubt."
b.
the case is most often settled before it goes to trial.
c.
defendants have the right to "plead the fifth."
d.
a jury's decision must be unanimous.
b.
the case is most often settled before it goes to trial.
18.7 In the discovery stage of a civil litigation, attorneys obtain information about the other side's case through all of the following means EXCEPT:
a.
motion practice.
b.
subpoenas.
c.
depositions.
d.
requests for admission.
a.
motion practice.
18.8 The filing of motions for documents, filing of interrogatories, filing of requests for admissions, and obtaining subpoenas are all part of which phase of the civil litigation process?
a.
Investigation and pleadings
b.
Discovery
c.
Motion practice and negotiation
d.
Trial and appeal
b.
Discovery
18.9 What most weakens an expert's credibility?
a.
Bringing notes, work papers, or other material to the witness stand.
b.
Appearing pompous or aggressive.
c.
Being unprepared or not being familiar with the facts of the case.
d.
Boring the jury with long, overly detailed answers.
c.
Being unprepared or not being familiar with the facts of the case.
18.10 Which of the following rights is guaranteed by the Fifth Amendment?
a.
Receive a speedy and public trial.
b.
Be heard by an impartial jury.
c.
Be represented by legal counsel.
d.
Requires the state to apply due process of law.
d.
Requires the state to apply due process of law.
18.11 Which of the following is NOT one of the common stages of a civil case?
a.
Investigation and pleadings
b.
Discovery
c.
Grand Jury
d.
Motion practice and negotiation
c.
Grand Jury
18.12 Which of the following observations is true concerning discovery?
a.
It is the last stage of the civil litigation process.
b.
It is one of the stages in a civil litigation but not in a criminal litigation.
c.
It is often the most challenging part of civil litigation because discovery can betime-consuming and expensive.
d.
It is a series of written questions that specifically identify information needed from theopposing party.
c.
It is often the most challenging part of civil litigation because discovery can betime-consuming and expensive.
18.13 Which is final court of appeal in the United States?
a.
U.S. Court of Appeals
b.
U.S. Supreme Court
c.
U.S. District Courts
d.
U.S. Claims Courts
b.
U.S. Supreme Court
18.14 During a trial or deposition, expert witnesses should do all of the following EXCEPT:
a.
listen carefully to the questions to make sure they hear exactly what is being asked.
b.
memorize well-crafted answers to say what they think sounds effective.
c.
before answering, pause to give the attorneys for their side of the case an opportunity to object to the question.
d.
restrict the answer to the question asked.
b.
memorize well-crafted answers to say what they think sounds effective.
18.15 Which of the following should be avoided by an expert witness at a deposition or a trial?
a.
Try to "read messages" intended by objections to questions by lawyers with whom you are working.
b.
Correct any errors you make as soon as you can as not doing so will undermine anything you said before.
c.
Phrase your answer in your own words rather memorize answers to questions you expect to be asked.
d.
Respond to statements, observations, and questions.
d.
Respond to statements, observations, and questions.
18.16 All of the following are true with regards to civil law EXCEPT:
a.
to be successful, the plaintiff in a civil case must prove his or her case only by the "preponderance of the evidence."
b.
litigating a civil fraud case usually begins when a client in a case of alleged fraud approaches an attorney.
c.
it begins when one party files a claim for restitution from another, usually for the purpose of gaining financial restitution.
d.
before a perpetrator is convicted civilly, he or she must be proven guilty "beyond a reasonable doubt."
d.
before a perpetrator is convicted civilly, he or she must be proven guilty "beyond a reasonable doubt."
18.17 Carolyn Laney has just been convicted of mail fraud in a U.S. District Court. She is not satisfied with the judgment rendered by the court. What can she do next?
a.
Appeal to the Supreme Court
b.
Appeal the findings in one of 12 circuit courts of appeals
c.
Appeal to a Probate Court
d.
Nothing, as verdicts from the district courts cannot be appealed.
b.
Appeal the findings in one of 12 circuit courts of appeals
18.18 Fraud cases that involve federal laws or statutes are tried in which of the following courts?
a.
Criminal courts.
b.
U.S. claims courts.
c.
U.S. bankruptcy courts.
d.
U.S. district courts.
d.
U.S. district courts.
18.19 Which of the following is true regarding civil lawsuits against perpetrators of fraud?
a.
Jury must consist of 12 members.
b.
The jury's verdict must be unanimous.
c.
The perpetrator must be proven guilty beyond a reasonable doubt.
d.
The purpose of the lawsuit is for the defrauded party to gain financial restitution.
d.
The purpose of the lawsuit is for the defrauded party to gain financial restitution.
18.20 At which stage in a criminal case are the charges against the defendant read and the defendant may plead
guilty, not guilty, or nolo contendere?
a.
Discovery
b.
Pretrial motions
c.
Arraignment
d.
Trial and appeal
c.
Arraignment
18.21 What is the term for the motion when counsel requests the court to rule that all or a part of the claim should be dismissed because no genuine issue of a material fact is present?
a.
motion for summary judgment
b.
motion for settlement
c.
motion for trial and appeal
d.
motion for evidence suppression
a.
motion for summary judgment
18.22 What is the legal process by which each party's attorneys try to gain information about the other side's case before the trial begins called?
a.
pleading
b.
investigation
c.
discovery
d.
admission
c.
discovery
18.23 Which of the following is a written order in the name of the court, requiring a witness to submit to a deposition, give testimony at trial, or report to an administrative body?
a.
Deposition
b.
Subpoena
c.
Production request
d.
Discovery
b.
Subpoena
18.24 What is the meaning of a nolo contendere plea by a defendant?
a.
The defendant can choose to have his or her case tried in either a state lower court or a state higher court.
b.
The defendant asserts that he/she is justified in the crime for which he/she is being tried.
c.
The defendant does not contest the charges, but does not admit guilt.
d.
The defendant may file a motion for summary judgment before a case even goes to trial.
c.
The defendant does not contest the charges, but does not admit guilt.
18.25 Which is often the most challenging stage of the civil litigation process?
a.
Investigation and Pleadings
b.
Discovery
c.
Trial and Appeal
d.
Motion practice and Negotiation
b.
Discovery
18.26 Collection under which type of fidelity bond hinges on absolute proof that an employee stole from the company?
a.
Name schedule fidelity bond.
b.
Blanket position bond.
c.
Primary commercial blanket bond.
d.
Wall Street bond.
a.
Name schedule fidelity bond.
18.27 Which of the following statements is NOT true of the civil litigation process?
a.
Most large civil cases are ultimately settled rather than going to trial.
b.
Settlement discussions and negotiations are often introduced at trial.
c.
Either of the parties may negotiate a settlement at any time during the litigation.
d.
Civil cases are often heard by judges instead of juries.
b.
Settlement discussions and negotiations are often introduced at trial.
18.28 During cross-examination, an expert witnesses should:
a.
respond in general terms to questions that are difficult.
b.
resist responding with simple yes or no answers that may be misleading without some qualification or explanation.
c.
take your client's side by effectively playing an advocacy role.
d.
not raise his/her voice to emphasize an important point.
b.
resist responding with simple yes or no answers that may be misleading without some qualification or explanation.
18.29 Which of the following observations is true with reference to criminal law?
a.
Perpetrators who are convicted criminally serve jail sentences and pay fines.
b.
Criminal cases are often heard by judges instead of juries.
c.
Criminal law deals with rights and duties between individuals or organizations.
d.
When a defrauded company pursues criminal remedies in court, the case is most often settled before it goes to trial.
a.
Perpetrators who are convicted criminally serve jail sentences and pay fines.
18.30 What is the legal term for a written declaration given under oath?
a.
a deposition.
b.
an admission.
c.
an affidavit.
d.
a testimony.
c.
an affidavit.
18.31 Which of the following benefits arise by having a civil trial before a criminal trial?
a.
Defendants in civil trials are considered innocent until proven guilty.
b.
Civil trial precludes a person from being tried twice for the same crime.
c.
Defendant may make admissions during the civil trial that can be used in the criminal trial.
d.
In a civil trial, settlements may be negotiated at any time during the litigation.
c.
Defendant may make admissions during the civil trial that can be used in the criminal trial.
18.32 The common stages through which criminal cases progress includes all of the following, EXCEPT which of the following?
a.
arresting and charging the defendant
b.
preliminary hearings
c.
trial and appeal
d.
motion practice and negotiation
d.
motion practice and negotiation
18.33 Identify the factor that distinguishes lower-level and higher-level trial courts.
a.
the number of judges available
b.
the seriousness of the crime(s)
c.
the availability of the court
d.
the case is an initial action.
b.
the seriousness of the crime(s)
18.34 Which of the following are part of the organization of federal courts?
a.
Probate courts
b.
Bankruptcy courts
c.
Criminal courts
d.
Traffic courts
b.
Bankruptcy courts
18.35 Which of the following is a request to a higher court to overturn the verdict or order a retrial due to some legal defect in the trial proceedings?
a.
An appeal
b.
A probable cause
c.
A deposition
d.
An interrogatory
a.
An appeal
18.36 Federal courts handle:
a.
civil cases that are above some dollar amount, usually $10,000.
b.
nearly every type of case in the United States, including most fraud cases.
c.
cases relating to the U.S. Constitution or federal laws only.
d.
criminal cases that are below some dollar amount, usually $20,000.
c.
cases relating to the U.S. Constitution or federal laws only.
18.37 Which of the following is true about a motion?
a.
After the jury has returned a verdict, the defendant cannot file motions to have the verdict set aside.
b.
The motion is usually an objection to the plaintiff's complaint that points out defects of the case and asks for a specific remedy.
c.
A defendant may file a motion for summary judgment only after a case goes to trial.
d.
The motion explains the alleged violation of the law and the monetary expenses or damages sought in the case.
b.
The motion is usually an objection to the plaintiff's complaint that points out defects of the case and asks for a specific remedy.
18.38 Which of the following describes an insurance contract that guarantees payment to an employer looking for protection in the event of unforeseen financial loss through the dishonest actions of an employee?
a.
Business insurance
b.
Workmen's compensation
c.
Group insurance
d.
Fidelity bonding
d.
Fidelity bonding
18.39 In a civil trial, settlements may be negotiated:
a.
only after the judge orders negotiation between parties.
b.
after a decision has been reached.
c.
only before a trial begins.
d.
at any time during the litigation.
d.
at any time during the litigation.
18.40 What is the term for a series of written questions that specifically identify information needed from the opposing party?
a.
An arraignment
b.
An interrogatory
c.
A discovery
d.
A subpoena
b.
An interrogatory
18.41 Which of the following is the term for testimony taken before the trial begins?
a.
subpoena
b.
motion
c.
deposition
d.
settlement
c.
deposition
18.42 What is the purpose of a preliminary hearing in the criminal litigation process?
a.
To file motions to have the earlier verdict set aside.
b.
To have a fraud investigator or another expert witness provide testimony in a trial.
c.
To determine whether "probable cause" exists to charge the defendant with a crime.
d.
To negotiate a settlement.
c.
To determine whether "probable cause" exists to charge the defendant with a crime.
18.43 What is a "probable cause?"
a.
The level of evidence usually required by a jury to arrive at a unanimous verdict in a criminal case.
b.
Series of written questions that specifically identify information needed from the opposing party.
c.
A written order in the name of the court, requiring a witness to submit to a deposition,give testimony at trial, or report to an administrative body.
d.
The level of evidence required for a reasonable person to believe that a crime has been committed and the accused committed it.
d.
The level of evidence required for a reasonable person to believe that a crime has been committed and the accused committed it.
18.44 The opposing attorneys try to achieve all of the following goals when deposing an expert witness, EXCEPT which of the following?
a.
convincing the opposing party of the weakness of their case.
b.
understanding the credentials and experience of the expert.
c.
understanding what the expert's opinions are.
d.
obtaining an assessment of how difficult the expert will be in the case.
a.
convincing the opposing party of the weakness of their case.
18.45 Who decides whether or no an expert witness is qualified to testify in a specific case?
a.
the judge
b.
the jury
c.
the attorney who hires the expert
d.
the opposing attorney during the deposition
a.
the judge
18.46 Which of the following is a part of expert witness testimony during a trial?
a.
presenting visuals to convey issues more completely regarding complex fraud issues
b.
responding to direct-questioning by the attorney representing the opposing side
c.
responding to questions for clarification from the jury
d.
responding to cross examination by the attorney who hired the expert witness
a.
presenting visuals to convey issues more completely regarding complex fraud issues