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

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Viewing questions 31-40 out of questions
Questions # 31:

Which of the following is a right of individuals accused of crimes under the United Nations ' (UN) International Covenant on Civil and Political Rights (ICCPR)?

Options:

A.

Right of the accused to be released from custody pending trial


B.

Right of the accused to a trial without public disclosure of the results


C.

Right of the accused to unlimited appeals in criminal trials


D.

Right of the accused to be informed of criminal charges


Expert Solution
Questions # 32:

In jurisdictions that allow for corporate criminal liability which of the following is typically required for the corporation to be vicariously liable for the acts of one of its employees?

Options:

A.

Management was directly involved with the offense


B.

Management knew of the underlying offense but did not correct it


C.

The corporation had previous violations of a similar nature


D.

The employee was acting within the scope of their employment


Expert Solution
Questions # 33:

Consents to searches by government agents that are obtained by force, duress, or bribery are NOT effective under the law and do NOT eliminate the need for a search warrant.

Options:

A.

True


B.

False


Expert Solution
Questions # 34:

The MAIN PURPOSE for maintaining the chain of custody on an item of evidence is to

Options:

A.

Establish that the evidence has not been altered or changed from the time it was collected through its production in court


B.

Verify that the item of evidence has only been handled by court officials prior to its production m court.


C.

event opposing parties from accessing evidence without a court order


D.

Eliminate re need to authenticate the item of evidence in court


Expert Solution
Questions # 35:

Which of the following statements about civil actions in most jurisdictions is CORRECT?

Options:

A.

The plaintiff ' s complaint must typically contain a copy of all documents that might be relevant to the case.


B.

Civil actions begin with the filing of a pleading, usually in the jurisdiction where the defendant resides or where the claim originated.


C.

The plaintiff ' s complaint does not need to state the grounds for legal relief.


D.

All of the above are correct.


Expert Solution
Questions # 36:

Which of the following statements regarding civil lawsuits in most jurisdictions is CORRECT?

Options:

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


Expert Solution
Questions # 37:

Clara is a fraud examiner investigating a potentially fraudulent misrepresentation made in the sale of a security. Which of the following questions should Clara ask to determine if the misrepresentation was material?

Options:

A.

" Would a reasonable investor want to know the information to make an informed decision? "


B.

" Is the person who made the misrepresentation registered as a broker-dealer? "


C.

" Were potential investors promised guaranteed returns in the misrepresentation? "


D.

" Did the person who made the representation have authorization to make the statements that are in dispute? "


Expert Solution
Questions # 38:

Evidence that tends to make some fact that is in dispute more or less likely than it would be without the evidence is called:

Options:

A.

Circumstantial evidence


B.

Relevant evidence


C.

Testamentary evidence


D.

Demonstrative evidence


Expert Solution
Questions # 39:

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?

Options:

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


Expert Solution
Questions # 40:

Which of the following situations would constitute a violation of the US Foreign Corrupt Practices Act (FCPA)

Options:

A.

A private U.S company pays a S2.000 foreign corporation fee that is required in order to do business within the country


B.

A private UK company transfers $25,000 to a Chilean public official to influence the award of lucrative overseas contracts.


C.

A private U S company transfers $45,000 to a foreign official to influence the award of a public construction contract.


D.

A private U.S company transfers $100,000 to the sole proprietor of a Brazilian company to influence the award of a commercial imports contract.


Expert Solution
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