ACFE CFE Certifications CFE-LAW Questions & Answers

• Question 21:

  Which of the following statements is MOST ACCURATE regarding cross-examination of witnesses in adversarial systems?

  A. If an expert witness's opinion is at risk of being distorted during cross-examination, the expert should avoid answering the question.

  B. The general rule is for opposing counsel to cross-examine all witnesses to ensure that important details are not missed by the fact finder.

  C. If opposing counsel asks an overly complex question during cross-examination, witnesses should ask for the question to be rephrased.

  D. The primary purpose of cross-examination is for opposing counsel to discover information previously unknown to opposing counsel.

  Correct Answer: C

• Question 22:

  The Organisation for Economic Co-operation and Development's (OECD) Recommendation on Combating Bribery in International Business (Recommendation) urges member states to combat the bribery of foreign public officials by taking steps to improve which of the following primary areas within their respective infrastructures?

  A. Laws and regulations covering e-commerce

  B. Public health and safety regulations

  C. Laws and regulations related to public subsidies, licenses, and contract procurement

  D. Consumer data protection laws

  Correct Answer: C

• Question 23:

  Even if a government agent obtains consent to search by force, duress, or bribery, the consent will still constitute a valid waiver of the consenting party's right to be free from searches.

  A. True

  B. False

  Correct Answer: B

• Question 24:

  Which of the following describes the purpose of an expert witness's testimony at trial?

  A. To offer an opinion as to a party's guilt or innocence

  B. To give a firsthand account of the facts of the case on the record

  C. To give an opinion when the fact finder needs specialized knowledge

  D. None of the above

  Correct Answer: B

• Question 25:

  Which of the following, if available, would help an organization recover losses from an instance of internal fraud?

  A. Deposition

  B. Fidelity insurance

  C. Customer liability policy

  D. Privilege insurance

  Correct Answer: B

• Question 26:

  Which of the following is NOT an element generally required to establish a claim alleging the common law civil wrong for intentional infliction of emotional distress?

  A. The defendant acted intentionally or recklessly.

  B. The victim suffered distress as a result of the defendant's conduct.

  C. The victim was an employee of the defendant.

  D. The defendant engaged in extreme and outrageous conduct.

  Correct Answer: C

• Question 27:

  Which of the following statements concerning the appointment of expert witnesses at trial is accurate?

  A. Generally, the court selects the primary expert witnesses in adversarial jurisdictions.

  B. Generally, only the parties may select expert witnesses in inquisitorial jurisdictions.

  C. Generally, the court appoints the primary expert witnesses in inquisitorial jurisdictions.

  D. Generally, only the parties may select experts to introduce testimony in adversarial jurisdictions.

  Correct Answer: C

• Question 28:

  In most civil law systems, the burden of proof for the government to convict a defendant in a criminal case is beyond a reasonable doubt.

  A. True

  B. False

  Correct Answer: A

• Question 29:

  In jurisdictions that allow criminal bargaining agreements, the defendant's counsel generally has the discretion to determine whether a bargaining agreement is available to the defendant.

  A. True

  B. False

  Correct Answer: A

• Question 30:

  Which of the following statements is TRUE regarding criminal proceedings and discovery in adversarial jurisdictions?

  A. The judge is the primary driver of the discovery process in criminal proceedings.

  B. Parties typically cannot request evidence from each other until after the trial begins.

  C. The majority of criminal discovery usually occurs before the trial begins.

  D. Most criminal proceedings are divided into pretrial, investigative, and trial phases.

  Correct Answer: D