Exam 2: The Forensic Accounting Legal Environment

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If a decision from a U.S. District Court is to be appealed, it will be heard in the:

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C

In most cases, the penalties of monetary damages or equitable relief are awarded in which type of case?

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A

Explain the construction of the United States Constitution and specifically describe the fourth article and the concepts it recognizes?

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The U.S. Constitution is consists of 7 articles and 27 amendments. The first 3 articles define the 3 major branches of government: the executive, judicial, and legislative branches. The fourth article defines the concepts of "full faith and credit" and "privileges and immunities". The full faith and credit concept requires that states "recognize" the public acts, records, and judicial proceedings of other states. The privileges and immunities concept more or less requires states to treat the citizens from other states the same as their own. For example, it would be unconstitutional for California to forbid citizens of New York from using its public beaches.

If issued a Citation, a person must:

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Civil crimes always involve police, prosecutors and courts.

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If a prosecutor and defense attorney are exchanging witness statements and other evidence, they are participating in:

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Attorney's may ask leading questions:

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A forensic accountant can become involved in financial crimes investigation by being:

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Explain the Personal Knowledge Rule and how expert witnesses are exempt from it.

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Burglary, Embezzlement, Larceny, Robbery, Fraud and Extortion are which types of crimes?

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Double Jeopardy is when:

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If a witness's testimony is damaged upon cross examination, the defense may ask for a re-direct examination.

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If evidence in a trial is deemed to be gained as a Fruit of a Poisonous Tree, it means that:

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The burden of proof must be met to satisfy the judge or jury in which of the following types of trials?

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State Constitutional laws are considered supreme laws unless:

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Compare and contrast 18 USC 96: Racketeer Influenced Corrupt Organizations (RICO), 15 USC 78dd: Foreign Corrupt Practices Act (FCPA) of 1977 and The Sarbanes-Oxley (SOX) Act of 2002.

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Describe some common law crimes. Larceny, Burglary, Conspiracy, Embezzlement, Fraud (False Pretenses), Robbery, Extortion, Arson, Solicitation, Aiding and Abetting (and the proper definitions of each of these)

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Whom does the burden of proof fall upon?

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Where are the Federal statutory laws set forth?

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Describe the differences between a bench trial and a trial by jury?

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