Legal, Ethical & Reporting Standards Flashcards
7 cards from real ACE practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 7 Legal, Ethical & Reporting Standards flashcards as text
Which standard best describes the level of certainty typically required for expert witness opinions in U.S. federal court under Daubert?
Answer: Reasonable degree of scientific or professional certainty
Under Daubert, expert opinions must be based on sufficient facts and reliable methodology, expressed to a reasonable degree of professional certainty.
An examiner is asked by a client to alter timestamps in a forensic report to make evidence appear collected earlier. The examiner should:
Answer: Refuse; altering report data constitutes evidence tampering and obstruction of justice
Altering forensic report data is evidence tampering and obstruction of justice, violating both criminal law and professional ethics.
The Electronic Communications Privacy Act (ECPA) extends Fourth Amendment-like protections to:
Answer: Wire, oral, and electronic communications in transit and stored by third parties
ECPA (including the Wiretap Act and SCA) protects electronic communications in transmission and storage from unauthorized interception and access.
Which section of a forensic report describes the specific tasks the examiner performed on the evidence?
Answer: Methodology / Examination Procedures
The methodology section documents the tools, techniques, and procedures used during examination, enabling reproducibility and peer review.
A forensic examiner discovers privileged attorney-client communications on a seized device. The most appropriate action is to:
Answer: Immediately flag the discovery and use a 'filter team' or taint protocol per court guidelines
Attorney-client privileged materials must be handled via a filter team or privilege review protocol to prevent exposure to the investigative team.
The 'business records exception' to the hearsay rule (FRE 803(6)) allows digital records to be admitted when:
Answer: They were kept in the course of a regularly conducted business activity and it was the regular practice to make such records
FRE 803(6) permits business records if made in the regular course of business, at or near the time of the event, by someone with knowledge.
When a forensic examiner uses a tool that produces unexpected or anomalous results, the ethical obligation is to:
Answer: Document and disclose the anomaly, investigate the cause, and note it in the report
Examiners must document anomalies, investigate potential tool errors, and disclose them transparently in the report to maintain integrity.