Evidence and Legal Systems Flashcards

Which type of evidence is considered the most reliable in fraud investigations because it speaks for itself without requiring interpretation?

Answer: Real evidence

Real evidence (physical objects, documents, recordings) is considered highly reliable because it directly proves a fact without depending on witness credibility.

Under the Federal Rules of Evidence, which hearsay exception allows admission of business records made in the regular course of business?

Answer: Rule 803(6) — Records of a Regularly Conducted Activity

Rule 803(6) creates a hearsay exception for business records kept in the regular course of a regularly conducted activity, making them admissible without the declarant being unavailable.

What legal doctrine requires that evidence obtained through illegal means be excluded from trial proceedings?

Answer: The Exclusionary Rule

The Exclusionary Rule bars the use of evidence obtained in violation of a defendant's constitutional rights, serving as a deterrent against unlawful government conduct.

A fraud examiner discovers that a key witness has died before trial. Which hearsay exception would most likely allow admission of that witness's prior sworn deposition testimony?

Answer: Former testimony

Under FRE 804(b)(1), former testimony given under oath is admissible when the declarant is unavailable, provided the opposing party had an opportunity to cross-examine.

In civil litigation, what is the standard of proof required to prevail in a fraud case?

Answer: Preponderance of the evidence

In most civil fraud cases, the plaintiff must prove by a preponderance of the evidence (more likely than not) that fraud occurred, though some jurisdictions require clear and convincing evidence.

What is 'chain of custody' primarily designed to ensure in a fraud investigation?

Answer: That evidence has not been tampered with from collection to courtroom

Chain of custody is the documented, unbroken sequence of possession and control over evidence to prove it has not been altered, contaminated, or tampered with.

Which evidentiary concept holds that the original document must be produced when its content is at issue, rather than a copy or oral description?

Answer: Best Evidence Rule

The Best Evidence Rule (FRE 1002) requires the original document when proving its contents, though duplicates are generally admissible unless authenticity is genuinely questioned.