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NEW QUESTION 53
Which of the following statements is MOST ACCURATE regarding cross-examination of witnesses in adversarial systems?
- A. The general rule is for opposing counsel to cross-examine all witnesses to ensure that important details are not missed by the fact finder
- B. If opposing counsel asks an overly complex question during cross-examination, witnesses should ask for the question to be rephrased
- C. If an expert witness's opinion is at risk of being distorted during cross-examination, the expert should avoid answering the question
- D. The primary purpose of cross-examination is for opposing counsel to discover information previously unknown to opposing counsel.
Answer: B
NEW QUESTION 54
One of the purposes of securities regulation is to maintain market confidence.
- A. False
- B. True
Answer: B
NEW QUESTION 55
All of the following are methods of pretrial civil discovery commonly found in common law jurisdictions EXCEPT:
- A. Oral examinations
- B. Injunctions
- C. Affidavits of documents or records
- D. Written examinations
Answer: B
NEW QUESTION 56
The Financial Action Task Force (FATF) Recommendations slate that a financial institution s customer due diligence (COD) procedures should include continued monitoring of a customer's business relationships and transactions.
- A. False
- B. True
Answer: B
NEW QUESTION 57
Ramona is investigating Eugene for misconduct Ramona and Eugene both work for Elek-Tek, which operates in a jurisdiction with evil laws for defamation, invasion of privacy and conflict of interest During the investigation Ramona obtained ^formation that Eugene is cheating on his spouse Ramona to a large group of Elek-Tek employees that Eugene was committing adultery, which turned out to be true Which cause of action would give Eugene the BEST chance for success m a civil suit against Ramona?
- A. Conflict of interest
- B. Slander
- C. Public disclosure of private facts
- D. Defamation
Answer: C
NEW QUESTION 58
Greg is serving as an expert witness and is being cross-examined at trial. The questioning party gets Greg to state that he spent considerable time working on a certain issue in the case. Then the questioning party asks many questions on a tangential issue in the case that Greg knows little about. Which of the following describes the questioning party's method?
- A. Bias
- B. Sounding board
- C. Myopic vision
- D. Personal attack
Answer: C
NEW QUESTION 59
A prosecutor died criminal charges against Rosa calming that she stole Juan's personal information and sold his identity on the dark web Juan wants to file a civil lawsuit against Rosa to recover damages arising from the identity theft Can Juan file the civil action before the criminal action against Rosa is completed?
- A. No, the civil action cannot be filed if the jurisdiction prohibits double jeopardy.
- B. Yes, the evil action can be filed if the jurisdiction permits analogous cairns.
- C. No, the civil action cannot be filed if the jurisdiction prohibits counterclaims.
- D. Yes, the evil action can be filed if the jurisdiction permits parallel proceedings.
Answer: D
NEW QUESTION 60
Which of the following is a legal element that must be shown to prove a claim for commercial bribery?
- A. The principal suffered damages as a result of the bribe
- B. The defendant gave or received a thing of value.
- C. The defendant failed to exercise due care.
- D. The defendant acted negligently.
Answer: B
NEW QUESTION 61
Raj is an employee who works in a jurisdiction that prohibits unreasonable workplace searches and surveillance in areas or items where employees have a reasonable expectation of privacy. In which of the following is Raj MOST LIKELY to have a reasonable expectation of privacy?
- A. A waste bin m the employee's office
- B. A company-issued tablet computer
- C. A backpack brought from home
- D. A filing cabinet in the office lobby
Answer: C
NEW QUESTION 62
Ethan a U S resident, is running a Ponzi scheme As part of the scheme, he uses the U S mail system to send promotional materials to potential victims in France If the US government decides to prosecute Ethan, which of the following would provide the MOST LIKELY basis for the charges?
- A. Mail fraud
- B. Insider trading fraud
- C. Wire fraud
- D. Communications fraud
Answer: A
NEW QUESTION 63
Which of the following statements concerning judgments involving parties in multiple jurisdictions is MOST ACCURATE?
- A. Whether a foreign judgment is enforceable might depend on whether the two jurisdiction have an enforcement treaty
- B. If a party obtains a judgment in one jurisdiction, that party will automatically be able to enforce the judgment wherever the defendant resides
- C. If a party obtains a judgment in one jurisdiction, that party will automatically be able to enforce the judgment in any jurisdiction
- D. Whether a foreign judgment is enforceable always depends on where the defendant's assets are located
Answer: A
NEW QUESTION 64
Which of the following scenarios is an example of the criminal sanction known as criminal forfeiture?
- A. As part of his sentence for tax evasion, a Defendant is ordered to pay a fine of $10,000 to the government
- B. As part of his sentence for embezzlement, a defendant is ordered to pay back his employer for the money he stole.
- C. As part of her sentence for bribery a defendant is ordered to transfer a car she received as a bribe to the government
- D. As part of her sentence for money laundering a defendant is sentenced to a three- to five-year term of incarceration
Answer: C
NEW QUESTION 65
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 the defendant was almost always the last cashier to leave the store
- B. A witness testifies that they saw the defendant take the money
- 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
Answer: B
NEW QUESTION 66
Under the best practices listed in the Financial Action Task Force (FATF) Recommendations concerning large cash transactions with customers which of the following transactions would require a report to be Wed with the government?
- A. An international purchase of a small boat with a lump-sum cash payment below the jurisdiction's designated threshold
- B. A lump-sum cash deposit to a bank above the jurisdiction's designated threshold
- C. A domestic credit card purchase of a piece of jewelry above the jurisdiction's designated threshold
- D. A cash payment to a restaurant supplier for restaurant supplies above the jurisdiction's designated threshold
Answer: B
NEW QUESTION 67
Which of the following is the MOST ACCURATE statement about the litigation privilege in common law jurisdictions?
- A. The litigation privilege applies only to documents and materials prepared in anticipation of litigation
- B. The primary purpose of the litigation privilege is to protect confidential communications between a client and the client's legal representative
- C. The litigation privilege only protects documents and materials prepared by an attorney
- D. The litigation privilege applies only while a trial is underway
Answer: B
NEW QUESTION 68
Which of the following is the MOST ACCURATE statement about the UK Bribery Act?
- A. The UK Bribery Act only exercises jurisdiction over individuals and corporate entities for acts of corruption when the offense occurs outside the United Kingdom
- B. Even if an organization's anti-corruption program complies with the FCPA, it might not be sufficient for the purpose of complying with the UK Bribery Act
- C. Unlike the FCPA. the UK Bribery Act makes it a crime to bribe a foreign public official in connection with international business transactions
- D. Like the FCPA the UK Bribery Act contains an explicit exception for facilitating payments
Answer: B
NEW QUESTION 69
Nora, a health care provider b convicted of health care fraud in criminal court After her conviction, the national health agency begins a proceeding to prohibit Nora from seeking reimbursement from government health care programs for five years Which type of administrative penalty is the national health agency seeking?
- A. Disenfranchisement
- B. Debarment
- C. License revocation
- D. License suspension
Answer: D
NEW QUESTION 70
At the end of a civil proceeding, the court finds the defendant, a company, liable and orders it to pay a large sum of money to compensate for the plaintiffs losses. Which of the following BEST describes this type of remedy?
- A. Carnages
- B. Declaratory relief
- C. Injunction
- D. Equitable relief
Answer: A
NEW QUESTION 71
Dodd is a Certified Fraud Examiner (CFE) who works for Weathervane, a private company Dodd suspects that Burton a Weathervane employee has embezzled money from the company Dodd plans to conduct an internal investigation into the missing funds Based on these facts which of the following is the MOST ACCURATE statement?
- A. Burton can refuse to cooperate with the investigation because he has a fundamental right to privacy
- B. Burton can refuse to cooperate with the investigation because he has a fundamental right to remain silent
- C. Burton has a duty to cooperate with the investigation even if what is requested from him is not reasonable
- D. Burton likely has a duty to cooperate with the investigation as part of the employer-employee relationship
Answer: D
NEW QUESTION 72
Claude stole a large amount of cash from his employer and then deposited the funds into a domestic bank account Next, he wired the illicit funds to a foreign bank account and engaged m several other transactions using foreign accounts to make them difficult to trace Finally, he transferred the funds back to a domestic account and then spent the money. Which of the following actions was the layering stage of Claude's money laundering scheme?
- A. When he spent the money
- B. When he first stole the cash from his employer
- C. When he moved the funds through several transactions using foreign accounts
- D. When he first deposited the funds into a domestic account
Answer: C
NEW QUESTION 73
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?
- A. Conflict of interest
- B. Slander
- C. Intrusion into Green's private matters
- D. Public disclosure of private facts
Answer: C
NEW QUESTION 74
Which of the following can affect the rights that employees may have during an internal investigation?
- A. Existence of interstate compacts
- B. Existence of an employment contract
- C. Existence of fraud risk factors
- D. Existence of violation red flags
Answer: B
NEW QUESTION 75
Which of the following statements concerning fact finders in criminal trials in common law jurisdictions is MOST ACCURATE?
- A. A panel of a professional judge and lay judges usually serves as the fact finder in serious cases
- B. Juries usually serve as the fact finder in serious cases
- C. The presence of a jury is always required to make factual findings in a common law criminal trial
- D. A judge is typically responsible for factual findings
Answer: D
NEW QUESTION 76
Which of the following is NOT a requirement of the European Union's (EU) General Data Protection Regulation (GDPR)?
- A. An organization must confirm or deny that it possesses a data subject's personal data upon that individual's request
- B. An organization must delete a data subject's personal data automatically when the data are no longer m use.
- C. An organization must have a documented lawful basis for collecting or processing personal data.
- D. An organization generally must notify all affected data subjects without undue delay when a high-risk data breach occurs
Answer: C
NEW QUESTION 77
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