Question

In: Accounting

1) The Code of Professional Ethics prohibits CFEs from expressing opinions regarding the guilt or innocence...

1) The Code of Professional Ethics prohibits CFEs from expressing opinions regarding the guilt or innocence of any person or party. This means that a CFE who serves as an expert witness may NOT answer questions about whether the defendant committed the offense.

True

False

2) Anything that is perceptible by the five senses legally presented at trial to prove a contention and induce a belief in the mind of the jury is called:

Point of Law

Evidence

Testimony

None of the above

3) Black, a Certified Fraud Examiner, obtained a document in 2001 in connection with a fraud examination. In 2002, the document was introduced at trial. The defense objected because Black had not dated or initialed the document when it was obtained. The defense is objecting on the basis of:

Hearsay Evidence

Chain of custody

Secondary Evidence

None of the above

4) When testifying in court, the use of notes by expert witnesses should be limited as much as possible so that the witness can maintain eye contact with the jury.

True

False

5)

The notes and materials of an expert, hired to testify on behalf of a client, are generally privileged from discovery.

True

False

6)

Able, a Certified Fraud Examiner, has just finished testifying on direct examination. During cross-examination, the opposing counsel tries to imply that Able has examined only one area of the case and that his investigation was limited in extent or scope. The technique that the opposing counsel is using is called:

Contradiction

Sounding board

Voire Dire

Myopic Vision

Solutions

Expert Solution

1) The Code of Professional Ethics prohibits CFEs from expressing opinions regarding the guilt or innocence of any person or party. This means that a CFE who serves as an expert witness may NOT answer questions about whether the defendant committed the offense.

Answer-False

Standard III.C.2 permits CFEs to draw reasonable conclusions in a fraud examination if those conclusions are supported by evidence that is relevant, competent and sufficient. However, this Standard, which is taken directly from Article Five of the ACFE Code of Professional Ethics, makes clear that those conclusions may not include the CFE’s opinion regarding the legal guilt or innocence of any person or party. The reason for this rule is to prevent the CFE from inserting himself into the role of the judge or jury.

But When a CFE is served as an expert witness before the cort he has to answer the quiestions about the committed offences.

---------------------------

(2)Anything that is perceptible by the five senses legally presented at trial to prove a contention and induce a belief in the mind of the jury is called:

Correct Answer-Evidence

---------------

(3) Black, a Certified Fraud Examiner, obtained a document in 2001 in connection with a fraud examination. In 2002, the document was introduced at trial. The defense objected because Black had not dated or initialed the document when it was obtained. The defense is objecting on the basis of:

Correct Answer-Chain of custody

Reason- In criminal and civil law, the term"Chain of custody' refers to the order in which items of evidences should have been handeled during the investigation to be legally considered as an evidence. CFE should dated and initialed the evidence when obtained.

------------------------------

4) When testifying in court, the use of notes by expert witnesses should be limited as much as possible so that the witness can maintain eye contact with the jury.

Correct Answer-True

-Ingiving testimony, your answer should be directed towards'triers of the fact'. in jury trial. while answering , you should make eye contact with them while answering.

----------------------

5)

The notes and materials of an expert, hired to testify on behalf of a client, are generally privileged from discovery.

Correct Answer-True

------------------

(6)

Able, a Certified Fraud Examiner, has just finished testifying on direct examination. During cross-examination, the opposing counsel tries to imply that Able has examined only one area of the case and that his investigation was limited in extent or scope. The technique that the opposing counsel is using is called:

Correct answer-Voire Dire

-Voire Dire is s preliminary examination to determine the competency of a witness


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