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 deposition, opposing counsel presents the fraud examiner with a treatise that contradicts their opinion. Under FRE 803(18), the examiner should:
Answer: Acknowledge the treatise if authoritative, then distinguish it from the facts of the case
FRE 803(18) allows learned treatises as an exception to hearsay; an expert should acknowledge authoritative works but explain why the case facts warrant a different conclusion.
The term 'trier of fact' in the context of expert testimony refers to:
Answer: The jury in a jury trial, or the judge in a bench trial
The trier of fact is whoever determines the facts of the case — the jury in a jury trial or the judge in a bench trial.
A fraud examiner is asked to render an opinion on the 'ultimate issue' — specifically, whether the defendant committed fraud. Under FRE 704, this is:
Answer: Generally permitted, though courts may still exclude opinions that merely state a legal conclusion
FRE 704 abolished the ultimate issue rule, but courts still exclude testimony that simply recites a legal standard without factual analysis.
When preparing demonstrative exhibits for trial, the fraud examiner should ensure that:
Answer: All data underlying each exhibit is traceable to the evidentiary record
Every number and data point in a demonstrative exhibit must be traceable to admitted evidence, or the exhibit may be excluded and the expert's credibility damaged.
In a criminal fraud trial, the standard of proof required to convict is:
Answer: Beyond a reasonable doubt
Criminal convictions require proof beyond a reasonable doubt, the highest standard in law, which is significantly higher than the civil preponderance standard.
An expert witness who becomes 'an advocate for the client' rather than an objective analyst is said to suffer from:
Answer: Advocacy bias or 'hired gun' syndrome
'Hired gun' syndrome describes the loss of objectivity when an expert becomes psychologically aligned with the client's position rather than the evidence.
Which type of evidence is an expert witness most typically asked to interpret in a complex financial fraud case?
Answer: Documentary evidence such as financial statements, bank records, and emails
Fraud examiners are primarily engaged to analyze and explain documentary financial evidence — the paper (or digital) trail that proves or disproves the fraud.