Chapter 18
1. Which of the following is a means of securing documents in the other party’s possession that are relevant to the issues
of the case?
a.
interrogatory
b.
request for admission
c.
subpoena
d.
production request
d
a.
b.
c.
d.
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2. Which amendment protects the defendant from “unreasonable searches and seizures by the government?”
a.
Fourth Amendment
b.
Fifth Amendment
c.
Sixth Amendment
d.
Seventh Amendment
a
a.
b.
c.
d.
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3. Which of the following is a protection offered to defendants by the Fifth Amendment?
a.
Protects against unreasonable searches.
b.
Precludes a person from being tried twice for the same crime.
c.
Grants the right to a speedy trial.
d.
Allows the state to take a private party’s property without just compensation.
b
a.
Incorrect. The Fourth Amendment protects against unreasonable searches.
b.
c.
Incorrect. The Sixth Amendment grants the right to a speedy trial.
d.
Incorrect. Forbids the state from taking a private party’s property without just compensation.
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4. The term “voir dire” refers to:
a.
the requirement to prove a case beyond reasonable doubt.
b.
the need for the recipient to produce documents pertinent to the case.
c.
the process of qualifying an expert witness to testify.
d.
a situation when a defendant does not contest the charges but does not admit guilt.
c
a.
5. What is the general order of occurrence for a civil trial?
a.
Discovery; investigation and pleadings; trial and appeals; motion practice and negotiation.
b.
Motion practice and negotiation; investigation and pleadings; discovery; trial and appeals.
c.
Trial and appeals; investigation and pleadings; discovery; motion practice and negotiation.
d.
Investigation and pleadings; discovery; motion practice and negotiation; trial and appeals.
d
a.
b.
c.
d.
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6. All of the following observations are true about a criminal case EXCEPT:
a.
guilt must be established “beyond a reasonable doubt.”
b.
the case is most often settled before it goes to trial.
c.
defendants have the right to “plead the fifth.”
d.
a jury’s decision must be unanimous.
b
Incorrect. In a criminal case the defendants have the right to “plead the fifth.”
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7. In the discovery stage of a civil litigation, attorneys obtain information about the other side’s case through all of the
following means EXCEPT:
a.
motion practice.
b.
subpoenas.
c.
depositions.
d.
requests for admission.
a
a.
Correct. This is one of the stage in a civil case.
b.
c.
d.
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b.
c.
d.
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8. The filing of motions for documents, filing of interrogatories, filing of requests for admissions, and obtaining
subpoenas are all part of which phase of the civil litigation process?
a.
Investigation and pleadings
b.
Discovery
c.
Motion practice and negotiation
d.
Trial and appeal
b
a.
Incorrect. This phase deals more with the initial collection of evidence.
b.
Correct. This is the phase where the majority of evidence is collected by both parties.
c.
Incorrect. This phase is where the parties often can end the case before going to court.
d.
Incorrect. This is the stage where court proceedings, if they occur, will take place.
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9. What most weakens an expert’s credibility?
a.
Bringing notes, work papers, or other material to the witness stand.
b.
Appearing pompous or aggressive.
c.
Being unprepared or not being familiar with the facts of the case.
d.
Boring the jury with long, overly detailed answers.
c
a.
b.
d.
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10. Which of the following rights is guaranteed by the Fifth Amendment?
a.
Receive a speedy and public trial.
b.
Be heard by an impartial jury.
c.
Be represented by legal counsel.
d.
Requires the state to apply due process of law.
d
a.
Incorrect. This is a right guaranteed by the Sixth Amendment.
b.
Incorrect. This is a right guaranteed by the Sixth Amendment.
c.
Incorrect. This is a right guaranteed by the Sixth Amendment.
d.
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11. Which of the following is NOT one of the common stages of a civil case?
a.
Investigation and pleadings
b.
Discovery
c.
Grand Jury
d.
Motion practice and negotiation
c
12. Which of the following observations is true concerning discovery?
a.
It is the last stage of the civil litigation process.
b.
It is one of the stages in a civil litigation but not in a criminal litigation.
c.
It is often the most challenging part of civil litigation because discovery can be
time-consuming and expensive.
d.
It is a series of written questions that specifically identify information needed from the
opposing party.
a.
b.
Incorrect. It is part of both the civil and criminal litigation process.
c.
d.
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13. Which is final court of appeal in the United States?
a.
U.S. Court of Appeals
b.
U.S. Supreme Court
c.
U.S. District Courts
d.
U.S. Claims Courts
b
a.
Incorrect. This court is below the U.S. Supreme Court.
b.
c.
Incorrect. This court is below the U.S. Court of Appeals.
d.
Incorrect. This court is one of the lowest in the U.S.
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14. During a trial or deposition, expert witnesses should do all of the following EXCEPT:
a.
listen carefully to the questions to make sure they hear exactly what is being asked.
b.
memorize well-crafted answers to say what they think sounds effective.
c.
before answering, pause to give the attorneys for their side of the case an opportunity to object to the question.
d.
restrict the answer to the question asked.
b
a.
d.
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a.
b.
c.
Correct. The grand jury is only used in criminal trials.
d.
15. Which of the following should be avoided by an expert witness at a deposition or a trial?
a.
Try to “read messages” intended by objections to questions by lawyers with whom you are working.
b.
Correct any errors you make as soon as you can as not doing so will undermine anything you said before.
c.
Phrase your answer in your own words rather memorize answers to questions you expect to be asked.
d.
Respond to statements, observations, and questions.
d
a.
Incorrect. This is something you should be sure to do when testifying as an expert witness.
b.
Incorrect. This is something you should be sure to do when testifying as an expert witness.
c.
Incorrect. This is something you should be sure to do when testifying as an expert witness.
d.
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16. All of the following are true with regards to civil law EXCEPT:
a.
to be successful, the plaintiff in a civil case must prove his or her case only by the “preponderance of the
evidence.”
b.
litigating a civil fraud case usually begins when a client in a case of alleged fraud approaches an attorney.
c.
it begins when one party files a claim for restitution from another, usually for the purpose of gaining financial
restitution.
d.
before a perpetrator is convicted civilly, he or she must be proven guilty “beyond a reasonable doubt.”
d
a.
b.
c.
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17. Carolyn Laney has just been convicted of mail fraud in a U.S. District Court. She is not satisfied with the judgment
rendered by the court. What can she do next?
a.
Appeal to the Supreme Court
b.
Appeal the findings in one of 12 circuit courts of appeals
c.
Appeal to a Probate Court
d.
Nothing, as verdicts from the district courts cannot be appealed.
b
a.
c.
d.
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18. Fraud cases that involve federal laws or statutes are tried in which of the following courts?
a.
Criminal courts.
b.
U.S. claims courts.
Chapter 18
c.
U.S. bankruptcy courts.
d.
U.S. district courts.
d
a.
Incorrect. Criminal courts are state courts.
b.
Incorrect. U.S. claims courts do not try fraud cases.
d.
Correct. These courts try criminal and civil cases under federal laws.
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19. Which of the following is true regarding civil lawsuits against perpetrators of fraud?
a.
Jury must consist of 12 members.
b.
The jury’s verdict must be unanimous.
c.
The perpetrator must be proven guilty beyond a reasonable doubt.
d.
The purpose of the lawsuit is for the defrauded party to gain financial restitution.
d
a.
b.
c.
d.
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20. At which stage in a criminal case are the charges against the defendant read and the defendant may plead
guilty, not guilty, or nolo contendere?
a.
Discovery
b.
Pretrial motions
c.
Arraignment
d.
Trial and appeal
c
a.
b.
c.
d.
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21. What is the term for the motion when counsel requests the court to rule that all or a part of the claim should be
dismissed because no genuine issue of a material fact is present?
a.
motion for summary judgment
b.
motion for settlement
c.
motion for trial and appeal
d.
motion for evidence suppression
a
a.
b.
22. What is the legal process by which each party’s attorneys try to gain information about the other side’s case before the
trial begins called?
a.
pleading
b.
investigation
c.
discovery
d.
admission
c
a.
Incorrect. A pleading is the complaint filed by the plaintiff.
b.
Incorrect. Investigation occurs before the pleading or complaint.
d.
Incorrect. Admission is a request to “agree upon certain pertinent facts” relevant to the case.
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23. Which of the following is a written order in the name of the court, requiring a witness to submit to a deposition, give
testimony at trial, or report to an administrative body?
a.
Deposition
b.
Subpoena
c.
Production request
d.
Discovery
b
a.
Incorrect. This is testimony taken before trial.
b.
c.
Incorrect. This is securing documents in the other party’s possession.
d.
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24. What is the meaning of a nolo contendere plea by a defendant?
a.
The defendant can choose to have his or her case tried in either a state lower court or a state higher court.
b.
The defendant asserts that he/she is justified in the crime for which he/she is being tried.
c.
The defendant does not contest the charges, but does not admit guilt.
d.
The defendant may file a motion for summary judgment before a case even goes to trial.
c
a.
b.
c.
d.
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25. Which is often the most challenging stage of the civil litigation process?
c.
d.
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Chapter 18
a.
Investigation and Pleadings
b.
Discovery
c.
Trial and Appeal
d.
Motion practice and Negotiation
b
a.
b.
c.
d.
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26. Collection under which type of fidelity bond hinges on absolute proof that an employee stole from the company?
a.
Name schedule fidelity bond.
b.
Blanket position bond.
c.
Primary commercial blanket bond.
d.
Wall Street bond.
a
a.
Correct. This is only required under a name schedule fidelity bond.
b.
c.
d.
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27. Which of the following statements is NOT true of the civil litigation process?
a.
Most large civil cases are ultimately settled rather than going to trial.
b.
Settlement discussions and negotiations are often introduced at trial.
c.
Either of the parties may negotiate a settlement at any time during the litigation.
d.
Civil cases are often heard by judges instead of juries.
b
a.
b.
c.
d.
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28. During cross-examination, an expert witnesses should:
a.
respond in general terms to questions that are difficult.
b.
resist responding with simple yes or no answers that may be misleading without some qualification or
explanation.
c.
take your client’s side by effectively playing an advocacy role.
d.
not raise his/her voice to emphasize an important point.
b
a.
29. Which of the following observations is true with reference to criminal law?
a.
Perpetrators who are convicted criminally serve jail sentences and pay fines.
b.
Criminal cases are often heard by judges instead of juries.
c.
Criminal law deals with rights and duties between individuals or organizations.
d.
When a defrauded company pursues criminal remedies in court, the case is most often settled before it goes to
trial.
a
a.
b.
c.
d.
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30. What is the legal term for a written declaration given under oath?
a.
a deposition.
b.
an admission.
c.
an affidavit.
d.
a testimony.
c
a.
b.
c.
d.
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31. Which of the following benefits arise by having a civil trial before a criminal trial?
a.
Defendants in civil trials are considered innocent until proven guilty.
b.
Civil trial precludes a person from being tried twice for the same crime.
c.
Defendant may make admissions during the civil trial that can be used in the criminal trial.
d.
In a civil trial, settlements may be negotiated at any time during the litigation.
c
a.
b.
c.
d.
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32. The common stages through which criminal cases progress includes all of the following, EXCEPT which of the
following?
b.
c.
d.
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Chapter 18
a.
arresting and charging the defendant
b.
preliminary hearings
c.
trial and appeal
d.
motion practice and negotiation
d
a.
b.
c.
d.
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33. Identify the factor that distinguishes lower-level and higher-level trial courts.
a.
the number of judges available
b.
the seriousness of the crime(s)
c.
the availability of the court
d.
the case is an initial action.
b
a.
b.
c.
d.
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34. Which of the following are part of the organization of federal courts?
a.
Probate courts
b.
Bankruptcy courts
c.
Criminal courts
d.
Traffic courts
b
a.
b.
c.
d.
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35. Which of the following is a request to a higher court to overturn the verdict or order a retrial due to some legal defect
in the trial proceedings?
a.
An appeal
b.
A probable cause
c.
A deposition
d.
An interrogatory
a.
36. Federal courts handle:
a.
civil cases that are above some dollar amount, usually $10,000.
b.
nearly every type of case in the United States, including most fraud cases.
c.
cases relating to the U.S. Constitution or federal laws only.
d.
criminal cases that are below some dollar amount, usually $20,000.
a.
b.
c.
Correct. Cases that involve federal laws or include several states.
d.
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37. Which of the following is true about a motion?
a.
After the jury has returned a verdict, the defendant cannot file motions to have the verdict set aside.
b.
The motion is usually an objection to the plaintiff’s complaint that points out defects of the case and asks for a
specific remedy.
c.
A defendant may file a motion for summary judgment only after a case goes to trial.
d.
The motion explains the alleged violation of the law and the monetary expenses or damages sought in the case.
b
a.
b.
c.
d.
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38. Which of the following describes an insurance contract that guarantees payment to an employer looking for protection
in the event of unforeseen financial loss through the dishonest actions of an employee?
a.
Business insurance
b.
Workmen’s compensation
c.
Group insurance
d.
Fidelity bonding
d
a.
b.
c.
d.
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39. In a civil trial, settlements may be negotiated:
b.
c.
d.
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Chapter 18
a.
only after the judge orders negotiation between parties.
b.
after a decision has been reached.
c.
only before a trial begins.
d.
at any time during the litigation.
d
a.
b.
c.
d.
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40. What is the term for a series of written questions that specifically identify information needed from the opposing
party?
a.
An arraignment
b.
An interrogatory
c.
A discovery
d.
A subpoena
b
a.
b.
c.
d.
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41. Which of the following is the term for testimony taken before the trial begins?
a.
subpoena
b.
motion
c.
deposition
d.
settlement
c
a.
b.
c.
d.
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42. What is the purpose of a preliminary hearing in the criminal litigation process?
a.
To file motions to have the earlier verdict set aside.
b.
To have a fraud investigator or another expert witness provide testimony in a trial.
c.
To determine whether “probable cause” exists to charge the defendant with a crime.
d.
To negotiate a settlement.
c
a.
43. What is a “probable cause?”
a.
The level of evidence usually required by a jury to arrive at a unanimous verdict in a criminal case.
b.
Series of written questions that specifically identify information needed from the opposing party.
c.
A written order in the name of the court, requiring a witness to submit to a deposition,
give testimony at trial, or report to an administrative body.
d.
The level of evidence required for a reasonable person to believe that a crime has been committed and the
accused committed it.
d
a.
b.
c.
d.
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44. The opposing attorneys try to achieve all of the following goals when deposing an expert witness, EXCEPT which of
the following?
a.
convincing the opposing party of the weakness of their case.
b.
understanding the credentials and experience of the expert.
c.
understanding what the expert’s opinions are.
d.
obtaining an assessment of how difficult the expert will be in the case.
a.
b.
c.
d.
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45. Who decides whether or no an expert witness is qualified to testify in a specific case?
a.
the judge
b.
the jury
c.
the attorney who hires the expert
d.
the opposing attorney during the deposition
a.
b.
Incorrect, the jury makes a decision on the testimony.
b.
c.
d.
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46. Which of the following is a part of expert witness testimony during a trial?
a.
presenting visuals to convey issues more completely regarding complex fraud issues
b.
responding to direct-questioning by the attorney representing the opposing side
c.
responding to questions for clarification from the jury
d.
responding to cross examination by the attorney who hired the expert witness
a.
b.
Incorrect, the opposing attorney asks questions during cross-examination.
c.
Incorrect, the jury does not usually ask direct questions in a trial.
d.
Incorrect, the attorney who hired the expect conducts direct questioning, not cross examination.
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