Free ACFE CFE-Law Practice Test & Real Exam Questions, Page 8

Question #78

Which of the following statements is TRUE regarding criminal proceedings and discovery in adversarial jurisdictions?

A. Most criminal proceedings are divided into pretrial, investigative and trial phases

B. The judge is the primary driver of the discovery process in criminal proceedings.

C. The majority of criminal discovery usually occurs before the trial begins.

D. Parties typically cannot request evidence from each other until after the trial begins.

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Correct Answer: B Vote an answer

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Question #79

Which of the following statements concerning money services businesses MSBs is MOST ACCURATE?

A. A currency exchange is classified as an MSB.

B. A depository investment bank is classified as an MSB.

C. MSBs generally have stricter regulations than other financial institutions.

D. MSBs are generally at a lower risk of money laundering than consumer banks.

Discussion 0

Correct Answer: A Vote an answer

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Question #80

The Financial Action Task Force (FATF) Recommendations suggest that countries should do which of the following?

A. Use a risk-based approach when creating and establishing their anti-money laundering policies.

B. Require financial institutions to monitor their customers ' social media activity for signs of money laundering.

C. Only conduct business with other countries that comply with the anti-money laundering recommendations.

D. Impose a sentence of five years of imprisonment for all money laundering and terrorist financing convictions.

Discussion 0

Correct Answer: A Vote an answer

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Question #81

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

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

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

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

Discussion 0

Correct Answer: B Vote an answer

Question #82

Wilson, a Certified Fraud Examiner and Garcia both work for ABC Corp., a private company that operates in a jurisdiction with civil laws against privacy violations, defamation, and similar offenses. ABC's president tells Wilson to investigate and search Garcia's private tablet even though Garcia is not suspected of any wrongdoing. Assuming Wilson conducted the search without legitimate interest or authority and Garcia had a reasonable expectation of privacy, under which of the following claims would Garcia MOST LIKELY be able to recover damages from Wilson and ABC?

A. Intrusion into an individual's private matters

B. Defamation

C. Property damage

D. Public disclosure of private facts

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Correct Answer: A Vote an answer

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Question #83

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. Relevant evidence

B. Authentic evidence

C. Direct evidence

D. Real evidence

Discussion 0

Correct Answer: A Vote an answer

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Question #84

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

A. To allow prosecutors to resolve a corporate case while still punishing misconduct

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

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

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

Discussion 0

Correct Answer: A Vote an answer

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Question #85

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

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

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

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

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

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Correct Answer: D Vote an answer

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Question #86

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

A. Establish a contract between the entities exchanging the information

B. Use a third-party transferring service

C. Obtain a warrant granting permission to transfer the data

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

Discussion 0

Correct Answer: A Vote an answer

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Question #87

Which of the following statements concerning civil trials in civil law jurisdictions is most accurate?

A. The standard of proof in civil trials is lower than it is in criminal trials.

B. The standard of proof in civil trials is often described as the inner conviction of the judge.

C. Civil trials are typically a single event rather than a continual series of meetings and correspondences.

D. Neither side may appeal an adverse judgment in a civil case.

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Correct Answer: B Vote an answer

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Question #88

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

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

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

Discussion 0

Correct Answer: A Vote an answer

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