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ACFE CFE-Law Certified Fraud Examiner (CFE) - Law Exam Practice Test

Demo: 15 questions
Total 103 questions

Certified Fraud Examiner (CFE) - Law Questions and Answers

Question 1

Which of the following is the MOST ACCURATE statement about the litigation privilege in common law jurisdictions?

Options:

A.

The primary purpose of the litigation privilege is to protect confidential communications between a client and the client's legal representative

B.

The litigation privilege only protects documents and materials prepared by an attorney

C.

The litigation privilege applies only while a trial is underway

D.

The litigation privilege applies only to documents and materials prepared in anticipation of litigation

Question 2

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

Options:

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

Question 3

Bob receives a memorandum from his attorney that is protected by a legal professional privilege Bob emails the memorandum to a third party who has no need to know the information in the memorandum Which of the following statements is MOST ACCURATE?

Options:

A.

Bob did not walve the privilege because the legal professional privilege belongs to the attorney, not the client

B.

Bob might have waived the privilege because he transmitted the protected information to a third party who has no need to know the information

C.

Bob might have waived the privilege because he used email to transmit the protected information.

D.

Bob did not waive the privilege because the legal professional privilege cannot be waived by transmitting protected information to a third party

Question 4

Frederick has multiple high-volume foreign bank accounts. The country he lives in requires him to report such accounts annually for tax purposes but he regularly and intentionally fails to report his accounts in order to reduce the amount of taxes he must pay. Which of the following schemes has Frederick MOST LIKELY committed?

Options:

A.

A tax credit evasion scheme

B.

A value-added tax evasion scheme

C.

An excise tax evasion scheme

D.

An income and wealth tax evasion scheme

Question 5

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

Options:

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

Question 6

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

Options:

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

Question 7

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

Options:

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

Question 8

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

Question 9

In a particular country's judicial process, the judge oversees the investigation of a case is primarily responsible for questioning witnesses and generally plays a larger role in the evidence-gathering process than the parties' legal counsel Which of the following BEST describes this type of judicial process'?

Options:

A.

Adversarial process

B.

Substantive law process

C.

Inquisitorial process

D.

Common law process

Question 10

During an internal investigation Todd a Certified Fraud Examiner (CFE) interviewed Janessa a fraud suspect Although Janessa wanted to leave in the middle of the interview, Todd blocked the exit and prevented her from leaving Janessa subsequently confessed to committing fraud If under these facts Janessa files a lawsuit (or false imprisonment against Todd, Todd will likely

Options:

A.

Win the case because he is protected under the qualified business privilege

B.

Lose the case if a trier of fact concludes that he restrained Janessa without consent or legal justification

C.

Lose the case because janessa did not leave the interview

D.

Win the case if he did not know the conduct was illegal

Question 11

Which of the following typically does NOT have to be present for communications between an attorney and the attorney's client to be protected by a legal professional privilege?

Options:

A.

Purpose of the communications was to seek or provide legal advice

B.

A lawsuit has been filed

C.

Intent to keep the communications confidential

D.

Communication between a legal advisor and a client

Question 12

In systems using adversarial processes, an attorney may impeach an opposing party's witness by showing that the witness:

Options:

A.

Has a keen ability to observe

B.

Made poor consistent statements

C.

Testified from personal knowledge

D.

Is influenced by bias or self-interest

Question 13

The________________requires that an employee act solely in the best interest of their employer, free of any serf-dealing, conflicts of interest, or other abuse that results in a personal advantage

Options:

A.

Duty of care

B.

Duty of responsibility

C.

Duty of employee trust

D.

Duty of loyalty

Question 14

The Organisation for Economic Co-operation and Developments (OECD) Recommendation on Combating Bribery m International Business (Recommendation) urges member states to combat the bribery of foreign public officials by taking steps to improve which of the following primary areas within their respective infrastructures?

Options:

A.

Public health and safety regulations

B.

Laws and regulations related to public subsidies licenses, and contract procurement

C.

Laws and regulations covering e-commerce

D.

Consumer data protection laws

Question 15

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

Options:

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

Demo: 15 questions
Total 103 questions