Deck 16: Ethics for the Investigator and Expert Witness

Question 1

​In what court case did the court summarize the process of determining whether an expert should be disqualified because of previous contact with an opposing party?

A)​Hewlett-Packard Co. v. EMC Corp
B)Tidemann v. Nadler Golf Car Sales, Inc.​
C)Wang Laboratories, Inc. v. Toshiba Corp
D)Tidemann v. Toshiba Corp

Answer 1

C

Question 2

In the United States, there's no state or national licensing body for computer forensics examiners.

Answer 2

True

Question 3

​Before allowing an attorney to describe any case details, determine who the parties are to reduce the possibility of a _______________.

A)​collaberation
B)​conflict
C)mistrial
D)contradiction

Answer 3

B

Question 4

FRE ____ describes whether the expert is qualified and whether the expert opinion can be helpful.

A)702
B)703
C) 704
D) 705

Question 5

On NTFS drives, Unicode values are how many bits in length?​

A)​8 bits
B)​16 bits
C)32 bits
D)64 bits

Question 6

What Unicode v​alue is used to identify the latin alphabet?

A)​0xF8
B)​0x00
C)0x01
D)0xAB

Question 7

A consultant who doesn't testify can earn a ____________________ for locating testifying experts or investigative leads.​

A)​contingency fee
B)​retainer
C)stake in a case
D)reprimand

Question 8

FRE ____ describes whether basis for the testimony is adequate.

A)700
B)701
C) 702
D) 703

Question 9

People need ethics to help maintain their balance, especially in difficult and contentious situations.

Question 10

​Currently, expert witnesses testify in more than __ percent of trials.

A)​76
B)​55
C)80
D)92

Question 11

Attorneys search ____ for information on expert witnesses.

A)disqualification banks
B)deposition banks
C) examination banks
D) cross-examination banks

Question 12

The American Bar Association (ABA) is a licensing body.

Question 13

Which of the following options would represent a valid retainer?​

A)​2 to 8 hours of your usual billable rate
B)​a verbal agreement
C)complete discussion of an ongoing case
D)dissemination of evidence

Question 14

____ offers the most comprehensive regulations of any professional organization and devote an entire section to forensics activities.

A)AMA's law
B)ABA's Model Rule
C) APA's Ethics Code
D) ABA's Model Codes

Question 15

Experts should be paid in full for all previous work and for the anticipated time required for testimony.

Question 16

What do the last 8 bits of a Unicode value represent?​

A)​character hexadecimal values
B)​language identification
C)font selection
D)file type identification

Question 17

​When converting plain text to hexadecimal for use with ProDiscover, you need to place ____________ between each character's hexadecimal values.

A)null (FF) values​
B)​blank (00) values
C)space (A0) values
D)null (00) values

Question 18

​What are the first 8 bits of a Unicode value used for?

A)​character hexidecimal values
B)​language identification
C)font selection
D)file type identification

Question 19

Expert opinions cannot be presented without stating the underlying factual basis.

Question 20

____ questions can give you the factual structure to support and defend your opinion.

A)Setup
B)Compound
C) Rapid-fire
D) Hypothetical

Question 21

For psychologists, the most broadly accepted set of guidelines governing their conduct as experts is the _____________________ (APA's) Ethical Principles of Psychologists and Code of Conduct.

Question 22

Match the terms with the correct definitions?.

-External rules that often have the effect of law in limiting professionals' actions; breach of these rules can result in discipline, including suspension or loss of a license to practice and civil and criminal liability.?

A)Authorized requester
B)Bit-stream image
C)Digital Evidence First Responder (DEFR)
D)Digital Evidence Specialist (DES)
E)Inculpatory evidence
F)Line of authority
G)Search and seizure
H)Single-evidence form
I)Verdict
J)Warning banner

Question 23

_____________________ are the rules you internalize and use to measure your performance.

Question 24

Match the terms with the correct definitions?.

-one of the effects of violating court rules or laws?

A)Authorized requester
B)Bit-stream image
C)Digital Evidence First Responder (DEFR)
D)Digital Evidence Specialist (DES)
E)Inculpatory evidence
F)Line of authority
G)Search and seizure
H)Single-evidence form
I)Verdict
J)Warning banner

Question 25

The ISFCE offers a ___________________ certification and includes ethical standards for examiners holding this certification.​Match each item with a statement below:
a.​Ethics

Question 26

Match the terms with the correct definitions?.

-help you maintain your self-respect and the respect of your profession?

A)Authorized requester
B)Bit-stream image
C)Digital Evidence First Responder (DEFR)
D)Digital Evidence Specialist (DES)
E)Inculpatory evidence
F)Line of authority
G)Search and seizure
H)Single-evidence form
I)Verdict
J)Warning banner

Question 27

The ____ has stated that, unlike attorneys, expert witnesses do not owe a duty of loyalty to their clients.

A)ISFCE
B)IACIS
C) ABA
D) HTCIA

Question 28

Match the terms with the correct definitions?.

-A type of witness that is expected to present unbiased, specialized, and technical evidence to a jury.?

A)Authorized requester
B)Bit-stream image
C)Digital Evidence First Responder (DEFR)
D)Digital Evidence Specialist (DES)
E)Inculpatory evidence
F)Line of authority
G)Search and seizure
H)Single-evidence form
I)Verdict
J)Warning banner

Question 29

Some attorneys contact many experts as a ploy to disqualify them or prevent opposing counsel from hiring them; this practice is called "____________________."

Question 30

Computer forensics examiners have two roles: fact witness and ____ witness.

A)expert
B)direct
C) discovery
D) professional

Question 31

The most important laws applying to attorneys and witnesses are the ____.

A)professional codes of conduct
B)rules of ethics
C) rules of evidence
D) professional ethics

Question 32

Match the terms with the correct definitions?.

-An organization that provides guidelines for its members in the form of a Code of Ethics on how they are expected to perform their duties as forensics examiners.?

A)Authorized requester
B)Bit-stream image
C)Digital Evidence First Responder (DEFR)
D)Digital Evidence Specialist (DES)
E)Inculpatory evidence
F)Line of authority
G)Search and seizure
H)Single-evidence form
I)Verdict
J)Warning banner

Question 33

Match the terms with the correct definitions?.

-prescribe the methods by which experts appear at trial?

A)Authorized requester
B)Bit-stream image
C)Digital Evidence First Responder (DEFR)
D)Digital Evidence Specialist (DES)
E)Inculpatory evidence
F)Line of authority
G)Search and seizure
H)Single-evidence form
I)Verdict
J)Warning banner

Question 34

Match the terms with the correct definitions?.

-On NTFS, a 16 value, the first 8 bits of which are the character values, and the remaining 8 bits identify the language.?

A)Authorized requester
B)Bit-stream image
C)Digital Evidence First Responder (DEFR)
D)Digital Evidence Specialist (DES)
E)Inculpatory evidence
F)Line of authority
G)Search and seizure
H)Single-evidence form
I)Verdict
J)Warning banner

Question 35

Match the terms with the correct definitions?.

-provides a well-defined, simple guide for expected behavior of computer forensics examiners?

A)Authorized requester
B)Bit-stream image
C)Digital Evidence First Responder (DEFR)
D)Digital Evidence Specialist (DES)
E)Inculpatory evidence
F)Line of authority
G)Search and seizure
H)Single-evidence form
I)Verdict
J)Warning banner

Question 36

?People who fear having their ______________ acts revealed feel as though they must protest the ________________ acts of others being revealed.

A)legal?
B)?improper
C)secret
D)public

Question 37

​The purpose of requesting the ________________ is to deter attorneys from communicating with you solely for the purpose of disqualifying you.

A)​case
B)​retainer
C)juror list
D)evidence

Question 38

Match the terms with the correct definitions?.

-An organization that provides a detailed Code of Ethics of Professional Standards Conduct for its members.?

A)Authorized requester
B)Bit-stream image
C)Digital Evidence First Responder (DEFR)
D)Digital Evidence Specialist (DES)
E)Inculpatory evidence
F)Line of authority
G)Search and seizure
H)Single-evidence form
I)Verdict
J)Warning banner

Question 39

_____________________ are standards that others apply to you or that you are compelled to adhere to by external forces, such as licensing bodies.

Question 40

Match the terms with the correct definitions?.

-?Payments that depend on the content of the expert's testimony or the outcome of the case.

A)Authorized requester
B)Bit-stream image
C)Digital Evidence First Responder (DEFR)
D)Digital Evidence Specialist (DES)
E)Inculpatory evidence
F)Line of authority
G)Search and seizure
H)Single-evidence form
I)Verdict
J)Warning banner

Question 41

What are some of the factors courts have used in determining whether to disqualify an expert?

Question 42

What are some of the guidelines included in the ISFCE code of ethics?

Question 43

Why would the use of standard tools, such as those that are commercially created, be preferable over personally created tools?

Question 44

What are some of standards for IACIS members that apply to testifying?

Question 45

Why is it difficult to enforce any professional organization's ethical guidelines?

Question 46

What are some of the most obvious ethical errors?

Question 47

What are some of the requirements included in the HTCIA core values?

Question 48

What are the ethical responsibilities owed to you by your attorney?

Question 49

Describe some of the traps for unwary experts.

Question 50

Briefly describe the issues related to an attorney's "opinion shopping."