Pass the ACFE Certified Fraud Examiner CFE-Law Questions and answers with CertsForce

This question tests your knowledge of Domain 1.

In the context of Overview of the Legal System, specifically relating to common law, adversarial, inquisitorial, the question asks about BEST.

The correct answer is A: Adversarial process.

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.

The correct answer is C. In most inquisitorial jurisdictions, expert witnesses are often appointed or closely supervised by the court, and the judge typically has a central role in defining the expert’s mission, the materials the expert may review, and the issues to be addressed. Even so, the parties are usually allowed to challenge the expert in meaningful ways, including raising concerns about the expert’s bias, neutrality, qualifications, methodology, or conclusions. That makes C the most accurate statement.

Option A is incorrect because, in inquisitorial systems, the parties do not ordinarily control the scope of the expert’s authority in the same way they often do in adversarial systems; the judge commonly exercises that control. Option B is too absolute because although the judge plays the dominant role, it is not generally true that only the judge may question the expert’s analysis. Option D is also inaccurate because the ultimate decision about the weight to assign to expert testimony is generally for the judge, not jointly for the judge and the parties.

Thus, the best statement is that the parties are usually permitted to raise objections concerning the expert’s possible biases, making C the correct choice.

This question tests your knowledge of Domain 4.

In the context of Securities Fraud, specifically relating to securities, IOSCO, the question asks about the International Organization of Securities Commissions (IOSCO) is TRUE, TRUE, IOSCO.

The correct answer is B: IOSCO is comprised of commissioners and administrators responsible for regulating securities and administering securities laws in their countries..

This question tests knowledge of securities fraud and regulation. The correct answer accurately describes the role of regulatory bodies, securities laws, or fraud schemes in this context. Securities fraud is a specialized area requiring knowledge of specific regulations and oversight mechanisms.

This question tests your knowledge of Domain 2.

In the context of The Law Related to Fraud, specifically relating to bribery, the question asks about OECD.

The correct answer is B: Laws and regulations related to public subsidies licenses, and contract procurement.

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.

This question tests your knowledge of Domain 4.

In the context of Securities Fraud, specifically relating to insider trading, the question asks about MOST LIKELY.

The correct answer is B: Insider trading.

This question tests knowledge of securities fraud and regulation. The correct answer accurately describes the role of regulatory bodies, securities laws, or fraud schemes in this context. Securities fraud is a specialized area requiring knowledge of specific regulations and oversight mechanisms.

This question tests your knowledge of Domain 7.

In the context of Individual Rights During Examinations, specifically relating to employee, the question asks about the core concepts in this area.

The correct answer is C: A witness testifies that they saw the employee take the money..

This question relates to individual rights during examinations. The correct answer accurately describes the legal protections, obligations, or privacy considerations that apply in workplace investigations. Fraud examiners must balance investigative needs with legal protections for individuals.

This question tests your knowledge of Domain 1.

In the context of Overview of the Legal System, specifically relating to common law, the question asks about MOST ACCURATE, the litigation privilege in common law jurisdictions.

The correct answer is A: The primary purpose of the litigation privilege is to protect confidential communications between a client and the client ' s legal representative.

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.

This question tests your knowledge of Domain 1.

In the context of Overview of the Legal System, specifically relating to adversarial, inquisitorial, the question asks about MOST ACCURATE, the selection of expert witnesses during trial is MOST ACCURATE.

The correct answer is B: Generally, the parties select the expert witnesses in both inquisitorial and adversarial jurisdictions..

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. Expert witnesses provide specialized knowledge to help the fact finder understand complex issues. Their testimony must be relevant, reliable, and based on sufficient facts or data.

The correct answer is A. The CFE Manual explains that to recover for intentional infliction of emotional distress, the plaintiff must prove that the defendant engaged in extreme and outrageous conduct, that the defendant acted intentionally or recklessly, and that the victim actually suffered emotional or mental distress as a result of the defendant’s conduct. These core elements match options B, C, and D.

There is no general requirement that the distress must have lasted for at least two years. That time-based condition is not one of the recognized elements listed in the CFE Law section. The Manual instead focuses on the nature of the conduct and the causal connection between that conduct and the victim’s injury. It also notes that the conduct must be sufficiently outrageous to exceed the bounds tolerated by civilized society and that mere insults or ordinary upset are not enough. Additionally, the Manual emphasizes that actionable claims require proof of serious, visible, and provable harm. Still, none of those requirements impose a fixed minimum duration such as two years. Accordingly, A is the only choice that is not a required element of this common law tort.

This question tests your knowledge of Domain 7.

In the context of Individual Rights During Examinations, specifically relating to GDPR, the question asks about EU, GDPR, NOT.

The correct answer is B: An organization must have a documented lawful basis for collecting or processing personal data..

This question relates to individual rights during examinations. The correct answer accurately describes the legal protections, obligations, or privacy considerations that apply in workplace investigations. Fraud examiners must balance investigative needs with legal protections for individuals.