Which of the following can affect the rights that employees may have during an internal investigation?
Correct Answer: B
Question 77
In systems using adversarial processes, an attorney may impeach an opposing party ' s witness by showing that the witness:
Correct Answer: C
The correct answer is C. The CFE Manual explains that in adversarial systems, one of the most common methods of impeachment is to show that the witness made prior inconsistent statements. Impeachment is used to attack a witness's credibility, reliability, or truthfulness. If a witness previously said something materially different from what the witness now says at trial, opposing counsel can use that inconsistency to suggest that the testimony is unreliable or false. The other options do not describe impeachment. Option A, testifying from personal knowledge, generally supports credibility rather than undermines it. Option B, having a reputation for truthfulness, also strengthens credibility and is the opposite of impeachment. Option D, possessing a strong ability to observe, similarly suggests reliability rather than weakness. The Manual lists several common impeachment methods, including showing bias, impaired ability to observe, felony convictions, a reputation for untruthfulness, and prior inconsistent statements. Among the choices provided, only C matches one of those recognized impeachment techniques. Therefore, in an adversarial process, an attorney may impeach an opposing witness by proving that the witness previously made inconsistent statements, making C the correct answer.
Question 78
Which of the following statements concerning the appointment of expert witnesses during trial is most accurate?
Correct Answer: B
The correct answer is B. The CFE Manual explains that in adversarial proceedings, expert witnesses are usually chosen by the parties to the litigation, although the court may also appoint an independent expert in some circumstances. By contrast, in inquisitorial jurisdictions, judges typically appoint their own experts to evaluate technical matters. That makes option B the most accurate statement. Option A is incorrect because it reverses the usual adversarial rule. Courts in adversarial systems may appoint experts, but they are not generally the only ones allowed to do so. Option C is incorrect because juries do not generally select expert witnesses in inquisitorial jurisdictions; the judge typically performs that function. Option D is also inaccurate because the parties are not primarily responsible for selecting experts in inquisitorial systems; again, that role usually belongs to the court or judge. The Manual further notes that in inquisitorial systems, expert selection is often viewed as an extension of the court's authority and discretion. Therefore, the best statement is that parties usually choose experts in adversarial cases, while the court may also appoint experts when appropriate.
Question 79
Smith, a Certified Fraud Examiner (CFE). works for the ABC Company, a private entity that operates w\ a jurisdiction with civil laws for defamation, invasion of privacy. and conflict of interest Smith seizes and searches the personal smartphone of Green an employee of ABC even though Green was not suspected of any wrongdong Assuming that Green had a reasonable expectation of privacy in the smartphone and Smith conducted the search without a legitmate interest or authority, under which of the following claims would Green MOST LIKELY be able to recover damages against Smith?
Correct Answer: D
Question 80
Under the World Bank Principles for Effective Insolvency and Credit/Debtor Regimes (World Bank Principles), which of the following parties should administer the debtor ' s estate in liquidation bankruptcy proceedings?
Correct Answer: D
This question tests your knowledge of Domain 3. In the context of Bankruptcy Fraud, specifically relating to bankruptcy, the question asks about the core concepts in this area. The correct answer is D: An independent insolvency representative. This question focuses on bankruptcy fraud concepts. The correct answer correctly identifies the relevant bankruptcy process, filing type, or fraud scheme. Understanding bankruptcy proceedings and the roles of various parties is essential for fraud examiners investigating these cases. References: - CFE Exam Content Outline: Domain 3: Bankruptcy Fraud - bankruptcy - Fraud Examiners Manual, Law Section