Question 1

Burglary, Embezzlement, Larceny, Robbery, Fraud and Extortion are which types of crimes?

Accepted Answer

Burglary, Embezzlement, Larceny, Robbery, Fraud and Extortion are all common law crimes, which have been developed through judicial decisions and not by statute.

Question 2

The difference between civil and criminal law violations is that criminal cases will involve:

Accepted Answer

Civil cases may involve violations of contracts, property disputes, personal injury claims, and other non-criminal matters while criminal cases involves the violation of laws established by the government or state. In criminal cases, the accused may face imprisonment, monetary fines, and other penalties if found guilty of violating statuary laws. Civil cases, on the other hand, usually result in financial damages being paid by the losing party. Hence, the violation of a Statute distinguishes criminal cases from civil cases.

Question 3

In most cases, the penalties of monetary damages or equitable relief are awarded in which type of case?

Accepted Answer

Monetary damages or equitable relief are typically awarded in civil cases, which involve disputes between individuals, organizations, or entities. Criminal cases involve violations of criminal law and can result in penalties such as imprisonment or fines. Grand jury proceedings and dispositions do not typically involve the awarding of damages or equitable relief.

Question 4

If a decision from a U.S. District Court is to be appealed, it will be heard in the:

Accepted Answer

When a decision from a U.S. District Court is appealed, it is heard in the U.S. Circuit Courts of Appeal. The U.S. Supreme Court is only available as an option for appeals after the Circuit Courts have made a decision. State Supreme Courts and State Circuit Courts of Appeal do not have jurisdiction over federal cases heard in U.S. District Courts.

Question 5

If a client turns over evidence to their attorney with the purpose of attempting to make it a privileged communication, a judge may:

Accepted Answer

The judge may not automatically allow the evidence to become privileged just because the client turned it over to their attorney. However, the judge may review the evidence and make a decision on whether or not it qualifies for privilege. If the judge determines that the evidence does meet the requirements for attorney-client privilege, it may be excluded from the case. However, if the judge determines that the evidence is not privileged, it may be allowed into the case. Therefore, choice A is the best option.

Question 6

If evidence in a trial is deemed to be gained as a Fruit of a Poisonous Tree, it means that:

Accepted Answer

Fruit of the Poisonous Tree refers to evidence that was obtained illegally or through a violation of the defendant's rights, such as an illegal search or seizure. If evidence is obtained through a defective search warrant, it would be considered fruit of the poisonous tree and would not be admissible in court.

Question 7

The Bill of Rights are:

Accepted Answer

The Bill of Rights refers to the first 10 Amendments to the U.S. Constitution, which outline the individual liberties and rights that are protected by the government.

Question 8

Hearsay evidence may be used during:

Accepted Answer

The answer of Hearsay evidence may be used during:
...

Question 9

During arraignment, the accused must be presented with a written copy of:

Accepted Answer

During arraignment, the accused must be presented with a written copy of the charges against them. This is a fundamental right of the accused and is required to ensure they understand what they are being charged with. The accused will have the opportunity to enter a plea based on the charges, so it is essential that they have a clear understanding of what they are facing.

Answer: C
 The accused must also be presented with information regarding bail, including the amount required and any conditions that may be attached. This is important because it will allow the accused to make arrangements for bail if they are able to do so, or to seek legal representation to assist them in obtaining a release on bail. The amount of bail may vary based on the severity of the charges and the circumstances of the case, so it is vital that the accused is aware of this information.

Question 10

If a motion in limine is made, the judge may:

Accepted Answer

A motion in limine is a request made by one of the parties to exclude certain evidence from being presented at trial. If the motion is granted, the evidence will be excluded and cannot be used during the trial.

Question 11

Where are the Federal statutory laws set forth?

Accepted Answer

The United States Code (U.S.C.) is a compilation of federal laws. It organizes and codifies the general and permanent federal laws of the United States. The U.S.C. is divided into 54 titles, with each title covering a broad area of law. It is the primary source of federal statutory law.

Question 12

If you are chosen to serve on a Grand Jury, you will serve:

Accepted Answer

If selected to serve on a Grand Jury, you will serve for a specific period of time, typically ranging from a few weeks to several months, depending on the jurisdiction. During this time, you will typically hear multiple cases and will be required to regularly attend court.

Question 13

Who has the sole discretion to bring charges in any case?

Accepted Answer

The District Attorney, also known as the prosecutor, has the sole discretion to bring charges in any case. They are responsible for determining whether there is sufficient evidence to prosecute a case and pursuing criminal charges in court.

Question 14

The U.S. Constitution contains how many amendments?

Accepted Answer

The U.S. Constitution contains 27 amendments.

Question 15

District Attorneys are also known as:

Accepted Answer

District Attorneys are also commonly called prosecutors, as they are responsible for bringing criminal cases against defendants on behalf of the state or federal government. They are responsible for deciding whether or not to file charges, negotiating plea deals with defendants, and representing the government in trial.

Question 16

If an employee is determined to have been under pressure to commit the crime, had the opportunity to commit the crime and has complete rationalization for committing the crime, then the employee is caught in a(n):

Accepted Answer

The situation described in the question is known as the "fraud triangle," which consists of three elements: opportunity, pressure, and rationalization. This model is commonly used in the field of fraud examination to analyze the factors that may have led an individual to commit fraud. Option A, evidentiary motion, refers to a legal procedure to obtain evidence, and is not applicable in this context. Option B, sworn statement, is a statement made under oath and is also not relevant in this situation. Option D, fruit of the poisonous tree, is a legal doctrine that excludes evidence obtained illegally from being used in court, but is not applicable to this scenario.

Question 17

The burden of proof must be met to satisfy the judge or jury in which of the following types of trials?

Accepted Answer

The burden of proof is required in criminal trials to prove the guilt of the defendant. In civil trials, the standard goes beyond a reasonable doubt to a preponderance of evidence. The burden of proof is not required in trials involving just monetary damages as the dispute is generally settled out of court.

Question 18

Whom does the burden of proof fall upon?

Accepted Answer

The burden of proof typically falls upon the plaintiff in civil cases, as they are the party bringing a claim or lawsuit against another party and must prove their case.

Question 19

State Constitutional laws are considered supreme laws unless:

Accepted Answer

State Constitutional laws are considered supreme laws unless they conflict with the U.S. Constitution. In such cases, the U.S. Constitution takes precedence over State laws. Therefore, option D is the correct answer. The other options are not relevant in deciding the supremacy of State Constitutional laws.

Question 20

A forensic accountant can become involved in financial crimes investigation by being:

Accepted Answer

A forensic accountant can become involved in financial crimes investigation in multiple ways, such as being an in-house accountant within a company, an external auditor working for an auditing or accounting firm, or an external consultant hired on a case-by-case basis. Therefore, the best choice is D (All of the above).

Quiz 2: The Forensic Accounting Legal Environment