CFE Legal Frameworks & Regulatory Standards 3

Question 1

Under the Federal Rules of Evidence Rule 702, a forensic expert witness must demonstrate that their testimony is based on:

Accepted Answer

Sufficient facts or data and reliable principles and methods

Answer

FRE 702 requires expert testimony to rest on sufficient facts or data, reliable principles/methods, and reliable application of those methods to the facts.

Question 2

Which doctrine holds that evidence derived from an illegal search is inadmissible in court?

Accepted Answer

Fruit of the poisonous tree

Answer

The 'fruit of the poisonous tree' doctrine excludes evidence obtained as a result of an unlawful search or seizure under the Fourth Amendment.

Question 3

The Health Insurance Portability and Accountability Act (HIPAA) Security Rule requires covered entities to implement which category of safeguards for electronic PHI?

Accepted Answer

Physical, administrative, and technical safeguards only

Answer

HIPAA Security Rule mandates physical, administrative, and technical safeguards to protect electronic protected health information (ePHI).

Question 4

A forensic examiner is asked to testify about findings in a state court case. Which standard for expert testimony most commonly applies in state courts that have NOT adopted the Daubert standard?

Accepted Answer

Frye general acceptance standard

Answer

The Frye standard, requiring scientific evidence to be 'generally accepted' in the relevant scientific community, is still used by some states that have not adopted Daubert.

Question 5

Under 18 U.S.C. § 1030 (Computer Fraud and Abuse Act), accessing a protected computer without authorization to obtain information carries criminal liability. What makes a computer 'protected' under this statute?

Accepted Answer

It is used in or affects interstate or foreign commerce or communication

Answer

Under the CFAA, a 'protected computer' is one used in or affecting interstate or foreign commerce or communication, which broadly covers virtually all internet-connected systems.

(CFE) Certified Forensic Examiner Practice Test

(CFE) Certified Forensic Examiner Practice Test

CFE Legal Frameworks & Regulatory Standards 3