CFE Evidence and Legal Systems 2

Question 1

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

Accepted Answer

Real evidence

Answer

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

Question 2

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

Accepted Answer

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

Answer

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.

Question 3

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

Accepted Answer

The Exclusionary Rule

Answer

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.

Question 4

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?

Accepted Answer

Former testimony

Answer

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.

Question 5

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

Accepted Answer

Preponderance of the evidence

Answer

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.

Certified Fraud Examiner Exam Practice Test

Certified Fraud Examiner Exam Practice Test

CFE Evidence and Legal Systems 2