Expert Testimony & Court Presentation Flashcards
7 cards from real CFS practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 7 Expert Testimony & Court Presentation flashcards as text
During cross-examination, opposing counsel asks the fraud examiner about a prior case where their methodology was criticized. The best response is to:
Answer: Acknowledge the criticism and explain how methodology was subsequently refined
Acknowledging past criticism and demonstrating improvement shows intellectual honesty and actually strengthens credibility with the jury.
A fraud examiner is asked to calculate lost profits in a civil fraud case. Which methodology is most defensible under Daubert standards?
Answer: A before-and-after method using the plaintiff's own historical financials with documented assumptions
The before-and-after method using the plaintiff's actual historical data with documented, testable assumptions best satisfies Daubert's reliability requirements.
When the judge asks an expert witness to clarify a technical term 'in plain English,' the witness should:
Answer: Provide a clear analogy or everyday comparison without sacrificing accuracy
Judges and juries are lay audiences; clear analogies that preserve accuracy are both professional and effective.
Which of the following would most likely cause an expert witness's opinion to be excluded under Federal Rule of Evidence 702?
Answer: The expert's methodology was not peer-reviewed and has no known error rate
FRE 702 requires reliable methodology; lack of peer review and an unknown error rate are core Daubert factors that can lead to exclusion.
An attorney asks the fraud examiner to include in their report a conclusion that goes beyond the data they reviewed. The examiner should:
Answer: Refuse and explain that opinions must be supported by the evidence reviewed
Expert opinions must be grounded in sufficient facts and data; an expert who exceeds their evidentiary basis risks Daubert exclusion and damages their credibility.
In a jury trial, the fraud examiner is presenting a chart showing a complex embezzlement scheme. The most effective presentation technique is to:
Answer: Build the chart incrementally, explaining each layer before adding the next
Incremental visual building helps jurors follow complex financial narratives without becoming overwhelmed.
A fraud examiner retained by the defense discovers evidence that actually supports the prosecution's case. The examiner's ethical obligation is to:
Answer: Disclose the evidence to retaining defense counsel only and let them decide
The examiner must disclose adverse findings to retaining counsel, who then bears the disclosure obligations; the examiner must not testify to opinions they know to be false.