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Question # 1
In most civil law systems, the burden of proof for the government to convict a defendant ina criminal case is beyond a reasonable doubt.
A. True
B. False
Question # 2
In jurisdictions that allow criminal bargaining agreements the defendant's counsel generallyhas the discretion to determine whether a bargaining agreement is available to thedefendant.
A. True
B. False
Question # 3
Which of the following examples of judicial systems would BEST be described as a civil law system?
A. The courts are allowed to consider both codified statutes and previous court decisionsbut are bound by neither
B. The courts are bound by both previous court decisions and codified principles or
statutes
C. The courts are bound primarily by previous court decisions to reserve legal issues
D. The courts are bound by codified principles or statures but are not bound by previous
court decisions
Question # 4
Which of the following, if available, would help an organization recover losses from an instance of internal fraud?
A. Privilege insurance
B. Customer liability policy
C. Fidelity insurance
D. Deposition
Question # 5
Which of the following would be direct evidence that an employee committed a cashlarceny scheme that resulted in the theft of $800 from their employer's safe?
A. A coworker states that the employee appeared to be nervous on the day of the theft.
B. A diagram is used to display the location of the employer's safe.
C. A witness testifies that they saw the employee take the money.
D. A witness testifies that the employee was usually the last person to leave the office.
Question # 6
In systems using adversarial processes, an attorney may impeach an opposing party'switness by showing that the witness:
A. Has a keen ability to observe
B. Made poor consistent statements
C. Testified from personal knowledge
D. Is influenced by bias or self-interest
Question # 7
Company A sued Company B to recover damages tor the breach of a contract. In the sameproceeding Company B sought damages for an allegation that Company A fraudulentlyinduced Company B into entering the contract In this case what would Company B's claimagainst Company A be called?
A. Cross-claim
B. Collateral attack
C. Reversal
D. Counterclaim
Question # 8
Which of the following is true regarding the authentication of evidence in most common law systems?
A. The purpose of authentication is to show that the evidence is what the party claims it is.
B. Digital records cannot be authenticated through a written certification by the custodian of
records.
C. For evidence to be authenticated, it must be reviewed and voted on by a jury.
D. A party can introduce authenticated exhibits as evidence at trial even if the items are not
relevant.
Question # 9
Allison works for a government contractor She informs the government that her employerhas been submitting false claims to the government for payment Later it is discovered thatAllison has misappropriated more than $50,000 of her employer's money Alison qualifiesas a whistleblower entitled to anti-retaliation protection under the law because of her reportto the government Which of the following statements about Allison is CORRECT?
A. Allison cannot be fired for misappropriating funds from her employer
B. Allison cannot be fired for any reason
C. Alison cannot be fired for informing the government of her employee’s fraud
D. None of the above
Question # 10
Which of the following can affect the rights that employees may have during an internal investigation?
A. Existence of fraud risk factors
B. Existence of violation red flags
C. Existence of interstate compacts
D. Existence of an employment contract
Question # 11
Which of the following is the MOST ACCURATE statement about serf-regulatory organizations (SROs) in the securities industry?
A. An SRO generally has sole regulatory authority over the securities industry in the
jurisdiction in which it operates
B. In most jurisdictions. SROs are prohibited from participating in the resolution of disputes
related to securities transactions
C. An SRO is a governmental entity that exercises regulatory authority over the securities
industry in its jurisdiction
D. In some jurisdictions SROs establish the standards and rules under which members of
the securities industry operate
Question # 12
Company A used Company B to recover damages for the breach of a contract. In the sameproceeding. Company B sought damages for an allegation that Company A fraudulentlyinduced Company B into entering the contract. In this case, what would Company B's claimagainst Company A be called?
A. Counterclaim
B. Collateral attack
C. Reversal
D. Cross-claim
Question # 13
Jay files for bankruptcy in order to settle all of his debts. During the bankruptcy proceeding,the court sells off his property and uses the proceeds to pay Jay's creditors, therebydischarging all of Jay's dischargeable debts. This type of bankruptcy proceeding can BESTbe described as:
A. Debt adjustment bankruptcy
B. Liquidation bankruptcy
C. Reorganization bankruptcy
D. Debt dismissal bankruptcy
Question # 14
In most civil law jurisdictions which of the following BEST describes when a party isrequired to begin taking steps to preserve and produce relevant evidence?
A. When the court orders such steps to be taken
B. When litigation has started
C. When the party receives a service of process
D. When the charging documents are filed
Question # 15
Cora, a Certified Fraud Examiner (CFE), wants to ensure that the authenticity of theevidence she collected during her investigation is not compromised. Her main objectiveshould be to:
A. Only release the evidence to the judge who will be presiding over the case.
B. Establish a clear chain of custody to show that the evidence has not been changed.
C. Require opposing parties to present a court order to access any physical evidence.
D. Prevent all other parties from obtaining physical control of the evidence.
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