CFE Evidence and Legal Systems 3

Question 1

When a fraud examiner testifies as an expert witness, which of the following standards does a federal court use to evaluate the admissibility of expert testimony?

Accepted Answer

Daubert Standard

Answer

Federal courts apply the Daubert standard (FRE 702), under which the judge acts as a gatekeeper to ensure expert testimony is based on sufficient facts, reliable methodology, and is relevant to the case.

Question 2

Which of the following describes a 'subpoena duces tecum'?

Accepted Answer

A court order requiring production of documents or other tangible evidence

Answer

A subpoena duces tecum commands the recipient to produce specified documents, records, or other tangible items for use in legal proceedings.

Question 3

In the U.S. legal system, which court has original jurisdiction over federal criminal fraud cases?

Accepted Answer

U.S. District Court

Answer

U.S. District Courts are the trial courts of the federal system and have original jurisdiction over federal criminal matters, including wire fraud, bank fraud, and securities fraud.

Question 4

What is the primary purpose of a grand jury in a federal fraud investigation?

Accepted Answer

To decide whether probable cause exists to indict a suspect

Answer

A grand jury reviews evidence presented by prosecutors and determines whether probable cause exists to formally charge (indict) a suspect with a crime.

Question 5

Which Fifth Amendment protection can a witness invoke to refuse answering questions that might incriminate themselves during a fraud investigation?

Accepted Answer

Privilege against self-incrimination

Answer

The Fifth Amendment privilege against self-incrimination allows individuals to refuse to answer questions when their responses could expose them to criminal liability.

Certified Fraud Examiner Exam Practice Test

Certified Fraud Examiner Exam Practice Test

CFE Evidence and Legal Systems 3