All of the following are true with regard to textual analytics EXCEPT:
Correct Answer: C
Textual analytics is described as: "a method of using software to extract usable information from unstructured text data... to reveal patterns, sentiments, and relationships indicative of fraud... Textual analytics provides the ability to uncover additional warning signs of rogue employee behavior". Its purpose is not to find direct admissions but to identify indicators and patterns.
Question 92
Which of the following statements concerning civil trials in civil law jurisdictions is MOST ACCURATE?
Correct Answer: D
Civil trials in civil law jurisdictions differ substantially from common law civil trials. They are often conducted as a continuing series of meetings and written communications rather than one single trial event. The common law division between pretrial and trial stages usually does not apply in the same way. Judges play a more active role in managing and evaluating evidence, and it is common for the judge to select an expert witness to address technical matters. The purpose is to obtain a court- appointed expert who is considered less biased than experts hired by the parties. Therefore, options A, B, and C reflect common law or inaccurate assumptions, while option D accurately describes a common feature of civil law proceedings.
Question 93
Which of the following is most likely to affect the rights that an employee may have during an internal investigation?
Correct Answer: C
The correct answer is C. Whether an employee is covered by a union contract can significantly affect the employee's rights during an internal investigation because unionized employees may have representation rights during investigatory interviews. In the United States, the National Labor Relations Board explains that employees in unionized workplaces can have Weingarten rights, meaning they may request union representation during an interview the employee reasonably believes could lead to discipline. That makes a union or collective bargaining agreement far more relevant to investigation rights than the other choices. Option A, the employee's length of service, might matter in some human-resources settings but does not usually determine the employee's legal investigation rights. Option B, a noncompetition agreement, concerns post-employment competition restrictions rather than representation, questioning, or procedural protections during an internal inquiry. Option D, the likelihood of guilt or innocence, is likewise not what determines the employee's rights; legal protections apply based on the governing employment relationship and applicable labor law, not the employer's suspicion level. For fraud examiners, this distinction matters because interview procedures can change depending on whether the employee is unionized or otherwise contractually protected. Therefore, the factor most likely to affect the employee's rights is whether the employee has signed a union contract.
Question 94
All of the following are methods of pretrial civil discovery commonly found in common law jurisdictions EXCEPT:
Correct Answer: C
This question tests your knowledge of Domain 1. In the context of Overview of the Legal System, specifically relating to civil, common law, the question asks about EXCEPT. The correct answer is C: Injunctions. This question relates to the legal system framework. Understanding the distinction between different legal systems and processes is crucial for fraud examiners. The correct answer accurately describes the relationship between different legal entities and their jurisdictions. References: - CFE Exam Content Outline: Domain 1: Overview of the Legal System - civil - common law - Fraud Examiners Manual, Law Section
Question 95
Which of the following is TRUE in regard to authenticating evidence in most common law systems?
Correct Answer: D
This question tests your knowledge of Domain 1. In the context of Overview of the Legal System, specifically relating to common law, the question asks about TRUE. The correct answer is D: The purpose of authentication is to ensure that hearsay is not admitted into evidence. This question relates to the legal system framework. Understanding the distinction between different legal systems and processes is crucial for fraud examiners. The correct answer accurately describes the relationship between different legal entities and their jurisdictions. References: - CFE Exam Content Outline: Domain 1: Overview of the Legal System - common law - Fraud Examiners Manual, Law Section