Question 1

What is the legal term for a written declaration given under oath?

Accepted Answer

A)  Deposition 
B)  Admission 
C)  Affidavit 
D)  Testimony 
A)  Deposition 
B)  Admission 
C)  Affidavit 
D)  Testimony C

Question 2

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?

Accepted Answer

A)  Investigation and pleadings 
B)  Discovery 
C)  Motion practice and negotiation 
D)  Trial and appeal 
A)  Investigation and pleadings 
B)  Discovery 
C)  Motion practice and negotiation 
D)  Trial and appeal B

Question 3

What is a "probable cause?"

Accepted Answer

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 
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

Question 4

All of the following observations are true about a criminal case EXCEPT:

Accepted Answer

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. 
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.

Question 5

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?

Accepted Answer

A)  An appeal 
B)  A probable cause 
C)  A deposition 
D)  An interrogatory 
A)  An appeal 
B)  A probable cause 
C)  A deposition 
D)  An interrogatory

Question 6

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?

Accepted Answer

A)  Discovery 
B)  Pretrial motions 
C)  Arraignment 
D)  Trial and appeal 
A)  Discovery 
B)  Pretrial motions 
C)  Arraignment 
D)  Trial and appeal

Question 7

What most weakens an expert's credibility?

Accepted Answer

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 
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

Question 8

Federal courts handle:

Accepted Answer

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. 
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.

Question 9

What is the meaning of a nolo contendere plea by a defendant?

Accepted Answer

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. 
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.

Question 10

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?

Accepted Answer

A)  Business insurance 
B)  Workmen's compensation 
C)  Group insurance 
D)  Fidelity bonding 
A)  Business insurance 
B)  Workmen's compensation 
C)  Group insurance 
D)  Fidelity bonding

Question 11

Which of the following should be avoided by an expert witness at a deposition or a trial?

Accepted Answer

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 than memorize answers to questions you expect to be asked. 
D)  Respond to statements, observations, and questions. 
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 than memorize answers to questions you expect to be asked. 
D)  Respond to statements, observations, and questions.

Question 12

All of the following are true with regards to civil law EXCEPT:

Accepted Answer

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." 
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."

Question 13

What is the term for a series of written questions that specifically identify information needed from the opposing party?

Accepted Answer

A)  Arraignment 
B)  Interrogatory 
C)  Discovery 
D)  Subpoena 
A)  Arraignment 
B)  Interrogatory 
C)  Discovery 
D)  Subpoena

Question 14

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?

Accepted Answer

A)  Pleading 
B)  Investigation 
C)  Discovery 
D)  Admission 
A)  Pleading 
B)  Investigation 
C)  Discovery 
D)  Admission

Question 15

Which of the following statements is NOT true of the civil litigation process?

Accepted Answer

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. 
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.

Question 16

Which of the following benefits arise by having a civil trial before a criminal trial?

Accepted Answer

A)  Defendants in civil trials are considered innocent until proven guilty. 
B)  A civil trial precludes a person from being tried twice for the same crime. 
C)  Defendants 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. 
A)  Defendants in civil trials are considered innocent until proven guilty. 
B)  A civil trial precludes a person from being tried twice for the same crime. 
C)  Defendants 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.

Question 17

Which of the following is the term for testimony taken before the trial begins?

Accepted Answer

A)  Subpoena 
B)  Motion 
C)  Deposition 
D)  Settlement 
A)  Subpoena 
B)  Motion 
C)  Deposition 
D)  Settlement

Question 18

Which of the following is a part of expert witness testimony during a trial?

Accepted Answer

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 
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

Question 19

In a civil trial, settlements may be negotiated:

Accepted Answer

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. 
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.

Question 20

Which of the following observations is true concerning discovery?

Accepted Answer

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 be time-consuming and expensive. 
D)  It is a series of written questions that specifically identify information needed from the opposing party. 
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 be time-consuming and expensive. 
D)  It is a series of written questions that specifically identify information needed from the opposing party.

What is the legal term for a written declaration given under oath?

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?

What is a "probable cause?"

All of the following observations are true about a criminal case EXCEPT:

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?

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?

What most weakens an expert's credibility?

Federal courts handle:

What is the meaning of a nolo contendere plea by a defendant?

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?

Which of the following should be avoided by an expert witness at a deposition or a trial?

All of the following are true with regards to civil law EXCEPT:

What is the term for a series of written questions that specifically identify information needed from the opposing party?

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?

Which of the following statements is NOT true of the civil litigation process?

Which of the following benefits arise by having a civil trial before a criminal trial?

Which of the following is the term for testimony taken before the trial begins?

Which of the following is a part of expert witness testimony during a trial?

In a civil trial, settlements may be negotiated:

Which of the following observations is true concerning discovery?

The Nature of Fraud

Who Commits Fraud and Why

Fighting Fraud: an Overview

Preventing Fraud

Recognizing the Symptoms of Fraud

Data-Driven Fraud Detection

Investigating Theft Acts

Investigating Concealment

Conversion Investigation Methods

Inquiry Methods and Fraud Reports

Financial Statement Fraud

Revenue- and Inventory-Related Financial Statement Frauds

Liability, Asset, and Inadequate Disclosure Frauds

Fraud Against Organizations

Consumer Fraud

Bankruptcy, Divorce, and Tax Fraud

E-Commerce Fraud

Filters

Exam 18: Legal Follow-Up

What is the legal term for a written declaration given under oath?

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?

What is a "probable cause?"

All of the following observations are true about a criminal case EXCEPT:

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?

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?

What most weakens an expert's credibility?

Federal courts handle:

What is the meaning of a nolo contendere plea by a defendant?

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?

Which of the following should be avoided by an expert witness at a deposition or a trial?

All of the following are true with regards to civil law EXCEPT:

What is the term for a series of written questions that specifically identify information needed from the opposing party?

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?

Which of the following statements is NOT true of the civil litigation process?

Which of the following benefits arise by having a civil trial before a criminal trial?

Which of the following is the term for testimony taken before the trial begins?

Which of the following is a part of expert witness testimony during a trial?

In a civil trial, settlements may be negotiated:

Which of the following observations is true concerning discovery?

The Nature of Fraud

Who Commits Fraud and Why

Fighting Fraud: an Overview

Preventing Fraud

Recognizing the Symptoms of Fraud

Data-Driven Fraud Detection

Investigating Theft Acts

Investigating Concealment

Conversion Investigation Methods

Inquiry Methods and Fraud Reports

Financial Statement Fraud

Revenue- and Inventory-Related Financial Statement Frauds

Liability, Asset, and Inadequate Disclosure Frauds

Fraud Against Organizations

Consumer Fraud

Bankruptcy, Divorce, and Tax Fraud

E-Commerce Fraud

Filters