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CFE-Law Sample Questions Answers

Questions 4

Which of the following statements concerning judgments involving parties in multiple jurisdictions is MOST ACCURATE?

Options:

A.

Whether a foreign judgment is enforceable always depends on where the defendant's assets are located

B.

If a party obtains a judgment in one jurisdiction, that party will automatically be able to enforce the judgment in any jurisdiction

C.

If a party obtains a judgment in one jurisdiction, that party will automatically be able to enforce the judgment wherever the defendant resides

D.

Whether a foreign judgment is enforceable might depend on whether the two jurisdiction have an enforcement treaty

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Questions 5

In most civil law jurisdictions which of the following BEST describes when a party is required to begin taking steps to preserve and produce relevant evidence?

Options:

A.

When the court orders such steps to be taken

B.

When litigation has started

C.

When the party receives a service of process

D.

When the charging documents are filed

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Questions 6

Which of the following is the MOST ACCURATE statement about the different types of alternative dispute resolution'?

Options:

A.

The agreements reached in mediations are generally nonbinding.

B.

In a mediation session, the mediator decides who should win the dispute at issue

C.

The decisions reached in all arbitrations are always binding

D.

In an arbitration proceeding the arbitrator acts as a judge or jury by deciding the dispute at issue on its merits

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Questions 7

Claude stole a large amount of cash from his employer and then deposited the funds into a domestic bank account Next, he wired the illicit funds to a foreign bank account and engaged m several other transactions using foreign accounts to make them difficult to trace Finally, he transferred the funds back to a domestic account and then spent the money. Which of the following actions was the layering stage of Claude's money laundering scheme?

Options:

A.

When he first deposited the funds into a domestic account

B.

When he first stole the cash from his employer

C.

When he moved the funds through several transactions using foreign accounts

D.

When he spent the money

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Questions 8

Jackson believes he has a legal cause of action against Alice, who lives in a foreign country. The fact that Jackson is the plaintiff allows him to bring the lawsuit against Alice in any court in the country where he lives.

Options:

A.

True

B.

False

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Questions 9

Which of the following is TRUE in regard to authenticating evidence in most common law systems?

Options:

A.

Digital records cannot be authenticated by testimony from a witness with personal knowledge

B.

For evidence to be authenticated it must be reviewed and voted on by a jury

C.

Exhibits that cannot be authenticated will not be admitted regardless of relevance

D.

The purpose of authentication is to ensure that hearsay is not admitted into evidence

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Questions 10

Which of the following is a legal element that must be shown to prove a claim for commercial bribery?

Options:

A.

The defendant acted negligently.

B.

The defendant gave or received a thing of value.

C.

The principal suffered damages as a result of the bribe

D.

The defendant failed to exercise due care.

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Questions 11

Which of the following examples of judicial systems would BEST be described as a civil law system?

Options:

A.

The courts are allowed to consider both codified statutes and previous court decisions but are bound by neither

B.

The courts are bound by both previous court decisions and codified principles or statutes

C.

The courts are bound primarily by previous court decisions to reserve legal issues

D.

The courts are bound by codified principles or statures but are not bound by previous court decisions

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Questions 12

During an internal investigation Todd a Certified Fraud Examiner (CFE) interviewed Janessa a fraud suspect Although Janessa wanted to leave in the middle of the interview, Todd blocked the exit and prevented her from leaving Janessa subsequently confessed to committing fraud If under these facts Janessa files a lawsuit (or false imprisonment against Todd, Todd will likely

Options:

A.

Win the case because he is protected under the qualified business privilege

B.

Lose the case if a trier of fact concludes that he restrained Janessa without consent or legal justification

C.

Lose the case because janessa did not leave the interview

D.

Win the case if he did not know the conduct was illegal

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Questions 13

The same customer comes into a casino each day and deposits a large amount of cash into an account but after very little gambling the customer withdraws the funds The casino employees suspect that the customer may be engaged in money laundering activity Assuming that the anti-money laundering (AML) regulations that govern the casino’s activities correspond to the Financial Action Task Force (FATF) Recommendations the casino:

Options:

A.

May, but is not required to file a report of suspicious transactions related to possible money laundering with appropriate authorities

B.

May not file a report of suspicious transactions related to potential criminal activity with appropriate authorities

C.

Is required to file a report of suspicious transactions with appropriate authorities because the employees suspect money laundering violations

D.

Is required to file a cash transaction report for possible criminal activity with appropriate authorities because cash was involved

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Questions 14

Which of the following is NOT a legal element that must be shown to prove a claim for fraudulent misrepresentation of material facts?

Options:

A.

The victim relied on the misrepresentation

B.

The defendant acted negligently

C.

The defendant made a false statement (i, e., a misrepresentation of fact)

D.

The victim suffered damages as a result of the misrepresentation

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Questions 15

Which of the following is the MOST ACCURATE statement about the litigation privilege in common law jurisdictions?

Options:

A.

The primary purpose of the litigation privilege is to protect confidential communications between a client and the client's legal representative

B.

The litigation privilege only protects documents and materials prepared by an attorney

C.

The litigation privilege applies only while a trial is underway

D.

The litigation privilege applies only to documents and materials prepared in anticipation of litigation

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Questions 16

Bob receives a memorandum from his attorney that is protected by a legal professional privilege Bob emails the memorandum to a third party who has no need to know the information in the memorandum Which of the following statements is MOST ACCURATE?

Options:

A.

Bob did not walve the privilege because the legal professional privilege belongs to the attorney, not the client

B.

Bob might have waived the privilege because he transmitted the protected information to a third party who has no need to know the information

C.

Bob might have waived the privilege because he used email to transmit the protected information.

D.

Bob did not waive the privilege because the legal professional privilege cannot be waived by transmitting protected information to a third party

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Questions 17

Which of the following is NOT a right of the accused under the United Nations' (UN) International Covenant on Civil and Political Rights (ICCPR)?

Options:

A.

Right of the accused to be informed of criminal charges

B.

Right to be presumed innocent until proven guilty

C.

Right to a trial by jury

D.

Freedom from arbitrary arrests

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Questions 18

The MOST COMMON bankruptcy fraud scheme is:

Options:

A.

Forged filing

B.

A planned bustcut

C.

A credit card bustout

D.

Concealment of assets

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Questions 19

Which of the following is NOT required for a contract transaction or scheme to be classified as an investment contract?

Options:

A.

The expectation of making a profit

B.

Profits derived solely from the investor's management activity

C.

investment m a common enterprise

D.

An investment of money or other asset

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Questions 20

The MAIN PURPOSE for maintaining the chain of custody on an item of evidence is to

Options:

A.

Establish that the evidence has not been altered or changed from the time it was collected through its production in court

B.

Verify that the item of evidence has only been handled by court officials prior to its production m court.

C.

event opposing parties from accessing evidence without a court order

D.

Eliminate re need to authenticate the item of evidence in court

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Questions 21

Which of the following situations would constitute a violation of the US Foreign Corrupt Practices Act (FCPA)

Options:

A.

A private U.S company pays a S2.000 foreign corporation fee that is required in order to do business within the country

B.

A private UK company transfers $25,000 to a Chilean public official to influence the award of lucrative overseas contracts.

C.

A private U S company transfers $45,000 to a foreign official to influence the award of a public construction contract.

D.

A private U.S company transfers $100,000 to the sole proprietor of a Brazilian company to influence the award of a commercial imports contract.

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Questions 22

To determine if a misrepresentation in the offer or sale of any securities is material a fraud examiner should answer which of the following questions?

Options:

A.

"Did the person who made the representation believe that it was suitable for potential investors?"

B.

"Was the misrepresentation made by an authorized individual?"

C.

"Would a reasonable investor wish to know the information to make an informed decision?"

D.

''Did the person who made the representation intend to mislead potential investors?

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Questions 23

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

Options:

A.

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

B.

Generally, only the parties may select expert witnesses in inquisitor jurisdictions

C.

Generally the court selects the primary expert witnesses in adversarial jurisdictions

D.

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

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Questions 24

Which of the following is the MOST ACCURATE statement about serf-regulatory organizations (SROs) in the securities industry?

Options:

A.

An SRO generally has sole regulatory authority over the securities industry in the jurisdiction in which it operates

B.

In most jurisdictions. SROs are prohibited from participating in the resolution of disputes related to securities transactions

C.

An SRO is a governmental entity that exercises regulatory authority over the securities industry in its jurisdiction

D.

In some jurisdictions SROs establish the standards and rules under which members of the securities industry operate

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Questions 25

Which of the following statements concerning digital currencies, such as bitcoin, is MOST ACCURATE?

Options:

A.

Digital currencies are subject to all of the same regulations as payments made through traditional financial institutions

B.

Digital currencies are attractive to money launderers because payments often cross jurisdictional boundaries, making it difficult for authorities to pursue enforcement

C.

Digital currencies are attractive to money launderers because they are a payment method that provides complete anonymity

D.

Digital currencies are not typically used to launder money due to strict customer identification or recordkeeping requirements enforced in all jurisdictions

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Questions 26

Which of the following statements about the appeals process in cranial cases is MOST ACCURATE?

Options:

A.

In common law jurisdictions, appellate courts are generally not permitted to make their own factual determinations when reviewing a case

B.

In civil law jurisdictions appellate courts are generally not permitted to make their own legal conclusions when reviewing a case

C.

Appellate courts will usually hear an appeal even if the petition was not filed in a timely manner

D.

Appellate courts will usually reverse a conviction even if the trial court's error did not affect the outcome of the case

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Questions 27

In jurisdictions that allow for corporate criminal liability which of the following is typically required for the corporation to be vicariously liable for the acts of one of its employees?

Options:

A.

Management was directly involved with the offense

B.

Management knew of the underlying offense but did not correct it

C.

The corporation had previous violations of a similar nature

D.

The employee was acting within the scope of their employment

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Questions 28

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

Options:

A.

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

B.

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

C.

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

D.

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

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Questions 29

Which of the following statements concerning civil trials in common law jurisdictions is MOST ACCURATE?

Options:

A.

Civil jury trials must have the same number of jurors as in criminal jury trials.

B.

Neither side may appeal an adverse judgment in a civil case

C.

Jury verdicts m civil trials must always be unanimous

D.

in most civil cases, the standard of proof is the preponderance of the evidence

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Questions 30

At the end of a civil proceeding, the court finds the defendant, a company, liable and orders it to pay a large sum of money to compensate for the plaintiffs losses. Which of the following BEST describes this type of remedy?

Options:

A.

Declaratory relief

B.

Carnages

C.

Equitable relief

D.

Injunction

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Exam Code: CFE-Law
Exam Name: Certified Fraud Examiner (CFE) - Law
Last Update: Nov 15, 2024
Questions: 103
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