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CFE-Law Certified Fraud Examiner (CFE) - Law Question and Answers

Question # 4

Which of the following statements about the appeals process in cranial cases is MOST ACCURATE?

A.

In common law jurisdictions, appellate courts are generally not permitted to make their own factual determinations when reviewing a case

B.

In civil law jurisdictions appellate courts are generally not permitted to make their own legal conclusions when reviewing a case

C.

Appellate courts will usually hear an appeal even if the petition was not filed in a timely manner

D.

Appellate courts will usually reverse a conviction even if the trial court ' s error did not affect the outcome of the case

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Question # 5

Which of the following statements about the International Organization of Securities Commissions (IOSCO) s TRUE?

A.

IOSCO is a self-regulatory organization for companies that have securities traded on international securities markets

B.

IOSCO provides a forum for regular cooperation on banking supervisory matters affecting developing nations

C.

IOSCO is an oversight body responsible for issuing and enforcing regulations that govern all international securities markets

D.

IOSCO is recognized as the international standard-setter for securities markets

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Question # 6

Greta is convicted of white-collar crime. However, her sentence is suspended in return for her promise of good behavior. Which of the following BEST describes Greta ' s sentence?

A.

Determinate sentence

B.

Probation

C.

indeterminate sentence

D.

Deferred prosecution agreement

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Question # 7

Cory has been charged with lax evasion for filing a false tax return. As a defense, Cory claims that he made an honest mistake due to the tax law ' s complexity, and he did not intentionally submit an incorrect tax return If the court finds that his mistake was in good faith the most likely will NOT be found to have " willfully ' " engaged m fraudulent actions to avoid reporting or paying his taxes.

A.

True

B.

False

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Question # 8

Which of the following statements concerning judgments involving parties in multiple jurisdictions is MOST ACCURATE?

A.

Whether a foreign judgment is enforceable always depends on where the defendant ' s assets are located

B.

If a party obtains a judgment in one jurisdiction, that party will automatically be able to enforce the judgment in any jurisdiction

C.

If a party obtains a judgment in one jurisdiction, that party will automatically be able to enforce the judgment wherever the defendant resides

D.

Whether a foreign judgment is enforceable might depend on whether the two jurisdiction have an enforcement treaty

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Question # 9

A business files for bankruptcy with the goal of obtaining relief from creditors so that it can rearrange its financial affairs and continue as a going concern. Which of the following describes this type of bankruptcy proceeding?

A.

Reorganization bankruptcy

B.

Debt adjustment bankruptcy

C.

Debt dismissal bankruptcy

D.

Liquidation bankruptcy

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Question # 10

Which of the following choices is a method of pretrial civil discovery that is often found in common law jurisdictions?

A.

Injunctions

B.

Production writs

C.

Indictments

D.

Affidavits of documents

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Question # 11

Which of the following is NOT a legal element that must be shown to prove a claim for fraudulent misrepresentation of material facts?

A.

The victim relied on the misrepresentation

B.

The defendant acted negligently

C.

The defendant made a false statement (i, e., a misrepresentation of fact)

D.

The victim suffered damages as a result of the misrepresentation

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Question # 12

Ethan a U S resident, is running a Ponzi scheme As part of the scheme, he uses the U S mail system to send promotional materials to potential victims in France If the US government decides to prosecute Ethan, which of the following would provide the MOST LIKELY basis for the charges?

A.

Mail fraud

B.

Wire fraud

C.

Insider trading fraud

D.

Communications fraud

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Question # 13

Which of the following is a legal element that the government must show to prove a conspiracy claim?

A.

All of the conspirators knowingly committed an overt act in furtherance of the conspiracy.

B.

The defendant entered into an agreement to commit an illegal act with at least one other person.

C.

The conspirators accomplished the purpose of the conspiracy that was initially established.

D.

The defendant intentionally or unintentionally joined and participated in the illegal scheme.

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Question # 14

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?

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? "

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Question # 15

Each of the following is a common legal defense for tax evasion EXCEPT:

A.

The taxpayer relied on an attorney or accountant.

B.

The taxpayer has filed for bankruptcy.

C.

The taxpayer has a mental illness.

D.

There is no tax deficiency.

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Question # 16

According to the best practices regarding large cash transactions with customers as provided by the Financial Action Task Force (FATF) Recommendations, which of the following transactions would require a report to be filed with the government?

A.

A domestic cash deposit into a bank of a sum that is below the jurisdiction ' s designated threshold.

B.

A single cash purchase of restaurant supplies for a sum that is above the jurisdiction ' s designated threshold.

C.

A single cash purchase of casino credits for a sum that is above the jurisdiction ' s designated threshold.

D.

All of the above.

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Question # 17

Management at XYZ Org suspects that Raul, an employee in charge of selecting venues for company events, has a conflict of interest. For XYZ Org ' s conflict-of-interest claim to be actionable, which of the following scenarios must be true?

A.

Raul must have informed the organization that he had a personal or economic connection to one or more of the venues.

B.

Raul must have failed to disclose that he had a personal or economic interest in a matter that could influence his professional role.

C.

Raul must have breached the duty of fidelity that he owed to XYZ Org.

D.

Raul must have received a direct financial benefit due to the alleged conflict.

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Question # 18

Leslie, a business owner, submits tax information regarding her company ' s finances to her country ' s taxing authority. The taxing authority allows companies to subtract the cost of production from their gross sales to determine the taxable income. To reduce her tax liability, Leslie inflates the costs of production on her tax forms. Which of the following schemes has Leslie MOST LIKELY committed?

A.

A value-added tax evasion scheme

B.

A falsified tax deduction scheme

C.

A sales tax scheme

D.

A tax credit evasion scheme

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Question # 19

Which of the following is a legal element that must be shown to prove a claim for commercial bribery?

A.

The defendant acted negligently.

B.

The defendant gave or received a thing of value.

C.

The principal suffered damages as a result of the bribe

D.

The defendant failed to exercise due care.

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Question # 20

Davis is an employee at Waccamaw Homeplace a publicly traded corporation Davis knows that Waccamaw is about to publicly announce a new joint venture project in China, so he buys shares of Waccamaw stock Assuming that his conduct was illegal m the jurisdiction in which he works and resides, what type of crime did Davis MOST LIKELY commit?

A.

Churning

B.

Futures fraud

C.

Insider trading

D.

Trading on margin

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Question # 21

Samson Inc. operates in a jurisdiction that prohibits unreasonable workplace searches and surveillance in areas or items where employees have a reasonable expectation of privacy. In which of the following areas or items can an employee at Samson Inc. most likely have a reasonable expectation of privacy during a workplace search?

A.

A personal mobile phone brought to the office from home

B.

A laptop computer that was issued by Samson Inc.

C.

A desk drawer in a communal workspace

D.

A recycling bin in the employee’s office

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Question # 22

Freya, a government contractor, has been convicted of colluding with other contractors to manipulate the competitive bidding process. After her conviction, Freya’s name is added to a list of individuals who are prohibited from bidding on government contracts for a period of five years. The administrative penalty that Freya received is BEST described as:

A.

License revocation

B.

Disenfranchisement

C.

Debarment

D.

License suspension

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Question # 23

The concealment of assets occurs most commonly in which of the following types of fraud schemes?

A.

Bankruptcy fraud

B.

Fictitious revenues

C.

Payroll fraud

D.

Income smoothing

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Question # 24

Which of the following would be direct evidence that an employee committed a cash larceny 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.

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Question # 25

Which of the following statements is MOST ACCURATE regarding cross-examination of witnesses in adversarial systems?

A.

If opposing counsel asks an overly complex question during cross-examination, witnesses should ask for the question to be rephrased

B.

If an expert witness ' s opinion is at risk of being distorted during cross-examination, the expert should avoid answering the question

C.

The primary purpose of cross-examination is for opposing counsel to discover information previously unknown to opposing counsel.

D.

The general rule is for opposing counsel to cross-examine all witnesses to ensure that important details are not missed by the fact finder

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Question # 26

Which of the following scenarios MOST ACCURATELY represents a suitability violation in a jurisdiction that imposes a suitability requirement on broker-dealers?

A.

A broker-dealer is unfamiliar with their client ' s risk appetite, so they refuse to make any investments on the client ' s behalf without additional information.

B.

A broker-dealer learns about a promising investment and recommends it to their new client without knowing the client ' s relevant personal and financial information.

C.

A broker-dealer makes an extremely conservative recommendation to a client that aligns with their risk profile and financial information.

D.

A broker-dealer makes an investment for a client without first obtaining the client ' s approval to make that specific transaction on their behalf.

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Question # 27

Antonio is investigating Sam on behalf of their employer, XYZ Company. During the investigation, Antonio tells a group of their coworkers who are not involved in the investigation that he discovered Sam has a serious gambling addiction, which is true. Assuming that their jurisdiction has civil laws for all of the following causes of action, which one would give Sam the BEST chance for success if he decides to bring a civil action against Antonio?

A.

Public disclosure of private facts

B.

Negligent misrepresentation

C.

Slander

D.

Defamation

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Question # 28

Samson Inc. operates in a jurisdiction that prohibits unreasonable workplace searches and surveillance in areas or items where employees have a reasonable expectation of privacy. In which of the following areas or items can an employee at Samson Inc. MOST LIKELY have a reasonable expectation of privacy during a workplace search?

A.

A laptop computer that was issued by Samson Inc.

B.

A desk drawer in a communal workspace.

C.

A recycling bin in the employee ' s office.

D.

A personal mobile phone brought to the office from home.

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Question # 29

Mary and Keith live in different countries. Mary believes she has a legal cause of action against Keith. Because Keith is the defendant, he may file the lawsuit in any court, in either of the countries where he or Mary lives.

A.

True

B.

False

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Question # 30

Bob owns a struggling business called Luxury Rentals that has ten luxury vehicles. A week before Luxury Rentals files for bankruptcy, Bob transfers ownership of one of the vehicles to his wife. Which type of fraud scheme has Bob most likely committed?

A.

A fraudulent conveyance

B.

A fraudulent bankruptcy

C.

A concealed transfer

D.

A planned bustout

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Question # 31

Which of the following is MOST LIKELY to affect the rights that an employee may have during an internal investigation?

A.

The likelihood that the case will eventually go to trial.

B.

The existence of a collective bargaining agreement.

C.

The amount of evidence that the employer possesses.

D.

The length of the employee ' s tenure at the organization.

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Question # 32

The same customer goes into a bank each day and purchases bearer instruments with cash in amounts just under the mandatory reporting requirements in the jurisdiction. The bank employees suspect that the customer is attempting to violate the jurisdiction’s money laundering regulations. If the jurisdiction’s anti-money laundering AML regulations follow the Financial Action Task Force FATF Recommendations, then the bank:

A.

May not file a report of suspicious transactions related to potential criminal activity with the appropriate authorities

B.

Is required to file a cash transaction report for possible criminal activity with the appropriate authorities because the purchases involved cash

C.

Is required to file a report of suspicious transactions with the appropriate authorities because the employees suspect money laundering violations

D.

May, but is not required to, file a report of suspicious transactions related to possible money laundering with the appropriate authorities

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Question # 33

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)?

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

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Question # 34

Which of the following statements concerning front businesses as a method of laundering money is the LEAST ACCURATE?

A.

A red flag of a front business is the observation of a large number of customers during peak operating hours

B.

Front businesses provide cover for delivery and transportation related to illegal activity

C.

From criminals ' perspective a disadvantage to front businesses is that they generally must pay taxes on the illicit income

D.

Front businesses benefit launderers by providing a safe place to manage criminal activities

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Question # 35

Which of the following is NOT required for a contract transaction or scheme to be classified as an investment contract?

A.

The expectation of making a profit

B.

Profits derived solely from the investor ' s management activity

C.

investment m a common enterprise

D.

An investment of money or other asset

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Question # 36

In a judicial proceeding, the parties in the proceeding are primarily responsible for gathering evidence for trial. Additionally, the parties or their legal counsel conduct the questioning of witnesses. Which of the following best describes this type of judicial process?

A.

Adversarial process

B.

Inquisitorial process

C.

Civil law process

D.

Unitary process

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Question # 37

Countries A and B both follow the Financial Action Task Force (FATF) Recommendations concerning cross-border transfers of currency Trevor is traveling from Country A to Country B while carrying $16,000 in cash which exceeds Country B ' s reporting threshold Trevor is required to disclose the amount of currency he is carrying to authorities in Country B.

A.

True

B.

False

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Question # 38

Which of the following is generally one of the goals of deferred prosecution agreements?

A.

To help reduce the risk of future illegal practices by an organization accused of misconduct.

B.

To save trial resources by getting the defendant to plead guilty to a less serious offense.

C.

To postpone prosecution until a company conducts an adequate internal investigation.

D.

To increase the likelihood of conviction if a company is accused of subsequent misconduct.

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Question # 39

Which of the following is a legal element that the government must show to prove a cnminal conspiracy?

A.

One of the conspirators knowingly committed an oven act in furtherance of the conspiracy

B.

The conspirators accomplished the purpose of the conspiracy that was initially established

C.

The defendant knew all the details or objectives of the conspiracy

D.

The defendant knew the identity of all the participants in the conspiracy

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Question # 40

Which of the following is one of the three basic options by which organizations can legitimize cross-border transfers of personal information?

A.

Use a third-party transferring service

B.

Obtain approval from a Certified Information Privacy Professional (C PP)

C.

Establish a contract between the entities exchanging the information

D.

Obtain a warrant granting permission to transfer the data

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Question # 41

Cora, a Certified Fraud Examiner (CFE), wants to ensure that the authenticity of the evidence she collected during her investigation is not compromised. Her main objective should 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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Question # 42

Ramona is investigating Eugene for misconduct Ramona and Eugene both work for Elek-Tek, which operates in a jurisdiction with evil laws for defamation, invasion of privacy and conflict of interest During the investigation Ramona obtained ^formation that Eugene is cheating on his spouse Ramona to a large group of Elek-Tek employees that Eugene was committing adultery, which turned out to be true Which cause of action would give Eugene the BEST chance for success m a civil suit against Ramona?

A.

Conflict of interest

B.

Defamation

C.

Public disclosure of private facts

D.

Slander

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Question # 43

Lana is a Certified Fraud Examiner (CFE) who works for Penn National, a private company. Lana suspects that Payne, an employee for Penn National, has stolen numerous products from the company. Lana plans to conduct an internal investigation into the missing products. Based on these facts, which of the following is the most accurate statement?

A.

Payne has a duty to cooperate with the investigation even if what is requested from him is not reasonable.

B.

Payne can refuse to cooperate with the investigation because he has a legal right to privacy.

C.

Payne likely has a duty to cooperate with the investigation as part of the employer-employee relationship.

D.

Payne can refuse to cooperate with the investigation because he has the right to remain silent.

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Question # 44

Lance stole cash from his employer and then deposited the funds into a domestic bank account. Next, he wired the funds to a foreign bank account and engaged in several other transactions using foreign accounts to make them difficult to trace. Finally, he transferred the funds back to a domestic account and then spent the money on some home improvements. In which of the following stages of money laundering did Lance engage when he spent the money on home improvements?

A.

Implementation

B.

Layering

C.

Integration

D.

Placement

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Question # 45

Ellis works for a business that filed for bankruptcy. The administrator presiding over the bankruptcy contacts Ellis and requests information regarding his employer ' s financial affairs Assuming the administrator has all of the powers recommended in the World Bank Principles for Effective Insolvency and Creditor/Debtor Regimes (World Bank Principles) which of the following is TRUE?

A.

The administrator may only seek information regarding the bus ness that filed bankruptcy if Ellis consents to providing it.

B.

The administrator has no power to obtain the information under any circumstances

C.

The administrator may compel Ellis to provide the information despite Ellis ' s relationship to the business

D.

The administrator may not obtain the information unless the business agrees in writing

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Question # 46

Claude stole a large amount of cash from his employer and then deposited the funds into a domestic bank account Next, he wired the illicit funds to a foreign bank account and engaged m several other transactions using foreign accounts to make them difficult to trace Finally, he transferred the funds back to a domestic account and then spent the money. Which of the following actions was the layering stage of Claude ' s money laundering scheme?

A.

When he first deposited the funds into a domestic account

B.

When he first stole the cash from his employer

C.

When he moved the funds through several transactions using foreign accounts

D.

When he spent the money

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Question # 47

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.

A.

True

B.

False

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Question # 48

Which of the following is the most accurate statement about the UK Bribery Act?

A.

Like the FCPA, the UK Bribery Act contains an explicit exception for facilitating payments.

B.

If an organization ' s anti-corruption program complies with the FCPA, then it will also comply with the UK Bribery Act.

C.

The UK Bribery Act has a broader application than the FCPA because it makes commercial bribery a crime.

D.

Unlike the FCPA, the UK Bribery Act makes it a crime to bribe a foreign public official in connection with international business transactions.

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Question # 49

In an inquisitorial judicial proceeding, which of the following parties is primarily responsible for questioning witnesses and generally has a larger role in the evidence-gathering process?

A.

The defendant ' s counsel

B.

The grand jury

C.

The prosecution

D.

The judge

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Question # 50

Which of the following is the MOST ACCURATE statement about rules prohibiting securities broker-dealers from making unsuitable recommendations on investments or investment strategies?

A.

A suitability violation occurs when a broker does not carry out a trade requested by or promised to a customer

B.

A suitability violation occurs when a broker recommends an investment or investment strategy that is inconsistent with the client ' s objectives

C.

A suitability violation occurs when a broker trades in a client ' s account without obtaining prior approval for making the transaction(s).

D.

A suitability violation occurs when a broker enters into transactions and manages a client ' s account for the purpose of generating excessive commissions

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Question # 51

While performing due diligence on a potential vendor, a company finds the vendor’s name on a government list. The list states that the vendor is prohibited from bidding on government contracts for three years. Which type of administrative penalty was imposed against the vendor?

A.

Delisting

B.

License suspension

C.

Debarment

D.

License revocation

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Question # 52

Which of the following statements regarding the qualifications of expert witnesses in most adversarial jurisdictions is correct?

A.

The qualification of an expert is primarily based on educational accomplishments.

B.

An expert is not qualified to testify unless all parties involved in the litigation approve.

C.

Certification in a specific field is not usually a factor that would help qualify an expert.

D.

A person can be qualified to testify based on special training or experience.

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Question # 53

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

A.

Authentic evidence

B.

Relevant evidence

C.

Direct evidence

D.

Real evidence

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Question # 54

Kamala is conducting a fraud examination in a country where courts apply laws from codified statutes to each case. When deciding legal issues, the courts are not bound by similar court decisions from previous cases. The country where Kamala is working MOST LIKELY has a __________ judicial system.

A.

Common law

B.

Civil law

C.

Substantive law

D.

Statutory law

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Question # 55

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

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

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Question # 56

Regarding the litigation privilege in common law jurisdictions, which of the following is the MOST ACCURATE statement?

A.

The litigation privilege prevents disclosure of documents prepared in anticipation of litigation.

B.

The litigation privilege does not protect communications made by third-party agents, such as consultants.

C.

The litigation privilege prevents disclosure of documents entered as evidence during the course of litigation.

D.

The litigation privilege protects all communications related to a case, regardless of when they occurred.

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Question # 57

Which of the following would be circumstantial evidence that a cashier at a retail store committed a cash larceny scheme that resulted in the theft of $900 from the store?

A.

A witness testifies that they saw the cashier take money out of a cash register on the day that the theft occurred.

B.

A diagram is used to display the location of the retail store’s cash registers.

C.

A witness testifies that the cashier made a $900 deposit to their personal bank account the day after the theft occurred.

D.

A coworker explains the ethics policy that the retail store’s employees must follow.

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Question # 58

Which of the following is NOT a right of the accused under the United Nations ' (UN) International Covenant on Civil and Political Rights (ICCPR)?

A.

Right of the accused to be informed of criminal charges

B.

Right to be presumed innocent until proven guilty

C.

Right to a trial by jury

D.

Freedom from arbitrary arrests

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Question # 59

Which of the following is NOT a requirement of the European Union ' s (EU) General Data Protection Regulation (GDPR)?

A.

An organization must delete a data subject ' s personal data automatically when the data are no longer m use.

B.

An organization must have a documented lawful basis for collecting or processing personal data.

C.

An organization generally must notify all affected data subjects without undue delay when a high-risk data breach occurs

D.

An organization must confirm or deny that it possesses a data subject ' s personal data upon that individual ' s request

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Question # 60

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

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.

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Question # 61

Which of the following is most likely to affect the rights that an employee may have during an internal investigation?

A.

The length of the employee ' s tenure at the organization

B.

Whether the employee has signed a noncompetition agreement

C.

Whether the employee has signed a union contract

D.

The likelihood of the employee ' s guilt or innocence

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Question # 62

Each day, Rachel purchases $14 500 in bearer instruments with cash from a bank where all currency transactions above 515,000 must be reported to the government Rachets actions are a red flag of which of the following schemes ' ?

A.

Channel stuffing

B.

Alternative remittance system

C.

Structuring

D.

Real estate laundering

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Question # 63

Which of the following is NOT an element that is generally required to establish a claim alleging the common law civil wrong for intentional infliction of emotional distress?

A.

The victim ' s distress occurred for at least two years.

B.

The victim suffered distress due to the defendant ' s conduct.

C.

The defendant engaged in extreme and outrageous conduct.

D.

The defendant acted intentionally or recklessly.

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Question # 64

Tatiana is the chief executive officer (CEO) of Mattress World Warehouse, a retail mattress store that has been struggling financially A week before Mattress World Warehouse files for bankruptcy Tatiana sets ten mattresses to her husband at 80% below market value Which type of fraud scheme has Tatiana MOST LIKELY committed?

A.

A fraudulent bankruptcy

B.

A fraudulent conveyance

C.

A planned bustout

D.

A concealed transfer

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Question # 65

In common law jurisdictions failing to suspend routine destruction of electronic data can result in sanctions for failure to preserve relevant evidence

A.

True

B.

False

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