Free Access ACFE.CFE-Law.v2022-10-14.q33 Practice Test (Page 2)

Question 1

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 compel Ellis to provide the information despite Ellis's relationship to the business

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

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

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

Question 2

Which of the following would be direct evidence that the criminal defendant a former cashier for a home improvement store committed a cash larceny scheme that resulted n the theft of more than $5 000 from the store?

A.A witness testifies that they saw the defendant take the money

B.A witness testifies that the defendant was almost always the last cashier to leave the store

C.A diagram is used to display the location of the store's registers

D.A coworker testifies that the defendant was acting nervously the day the money was taken

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?

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

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

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

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.Debt adjustment bankruptcy

B.Reorganization bankruptcy

C.Liquidation bankruptcy

D.Debt dismissal bankruptcy

Question 5

All of the following are methods of pretrial civil discovery commonly found in common law jurisdictions EXCEPT:

A.Written examinations

B.Oral examinations

C.Affidavits of documents or records

D.Injunctions

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