Take the Quiz Again Score for this attempt: 6 out of 35 Submitted Jun 17 at 7:17pm This attempt took about 2 hours. Question 1: 1 pts Which would not be a type of evidence? Testimony of a lay witness. 0% of points Testimony of an expert witness. 0% of points A particular document. 0% of points All of above are types of evidence. 100% of points A computer. 0% of points 1/1 Question 2: 1 pts Which statement is false? The burden of proof in a civil trial is the preponderance of the evidence. 0% of points None of the above is false. 0% of points Direct evidence is always more compelling than circumstantial. 100% of points Circumstantial evidence does not prove an issue directly. 0% of points A party who has the burden of proof also has the burden of producing evidence. 0% of points 1/1 Question 3: 1 pts Which statement is false? None of the above is false. 0% of points Circumstantial evidence is evidence from which a fact at issue may be proved directly. 100% of points Under the concept of judicial notice, a court can take as proven certain matters that are considered indisputable. 0% of points A motion in limine may be used to exclude the testimony of an expert. 0% of points The most common form of direct evidence is testimony based on a witness's personal knowledge or observation of facts. 0% of points 1/1 Question 4: 1 pts Which statement is false? Evidence of liability insurance is admissible in federal court. 0% of points None of the above is false. 0% of points
Once it has been determined that a privilege applies, this information may be used in discovery. 100% of points Evidence does not have to prove an issue directly. 0% of points Evidence of habit may be admissible. 0% of points 0/1 Question 5: 1 pts Taxpayer communications made to federally authorized tax practitioners are privileged, including: The amount of charitable contributions. 100% of points Investigations by regulatory agencies. 0% of points None of the above. 0% of points Tax advice regarding the promotion of tax shelters. 0% of points Matters involving criminal matters. 0% of points 0/1 Question 6: 1 pts Which would not be considered privileged evidence? All of the above are privileged. 0% of points Attorney/expert witness. 100% of points Attorney/litigation consultant. 0% of points Attorney/client. 0% of points Physician/patient. 0% of points 0/1 Question 7: 1 pts Which answer makes the following statement false? If an expert reads a statement or document, opposing counsel may: Cross-examine in regard to it. 0% of points Subject it to redaction for prejudicial material. 0% of points Have it admitted into evidence. 0% of points All of the above are true. 100% of points Examine it in advance. 0% of points 0/1 Question 8: 1 pts Which statement is true? None of the above is true. 0% of points Generally, non-expert witnesses are not permitted to give opinions. 100% of points Custom and practice may not be used to authenticate business records. 0% of points Evidence of liability insurance may not be admissible in federal court. 0% of points An expert has to testify from personal knowledge. 0% of points 0/1 Question 9: 1 pts
Which statement is false? All of the above are true. 0% of points Criminal cases require a higher standard of proof. 0% of points Generally, non-expert witnesses are not permitted to give opinions. 0% of points A person may qualify as an expert without formal training. 0% of points An expert must testify from personal knowledge. 100% of points 0/1 Question 10: 1 pts Which item would not be demonstrative evidence? Video of a robbery. 0% of points Loss profit calculation exhibit. 0% of points Diagram drawn on a chalk board. 0% of points All of these are demonstrative-type evidence. 0% of points Testimony of the accounting expert. 100% of points Testimony evidence. 0/1 Question 11: 1 pts In a criminal case, the burden of proof is normally: None of the above. 0% of points Beyond a reasonable doubt. 100% of points Preponderance of the evidence. 0% of points Presumption of guilt. 0% of points More likely than not. 0% of points 0/1 Question 12: 1 pts Which statement is false? Usually the technical rules of evidence do not apply in administrative proceedings. 0% of points None of the above. 0% of points The burden of proof in a criminal trial is normally beyond a reasonable doubt. 0% of points In a criminal trial, the prosecutor's discovery is not limited. 100% of points The Fourth Amendment rights apply in a criminal trial. 0% of points 0/1 Question 13: 1 pts Which statement is false? All of the above are true. 0% of points Photocopies are not admissible in the courtroom. 100% of points Computer print-outs are admissible in the courtroom. 0% of points In criminal disputes, the Fourth Amendment protection applies.
0% of points Because demonstrative evidence has no probative value, there is no need to authenticate it in a technical sense. 0% of points 0/1 Question 14: 1 pts Which statement is false? Workplace searches are not legal under the Fourth Amendment of the U.S. Constitution. 0% of points E-mails are low on the list of valuable evidence in a trial. 0% of points E-mails are fairly easy to eliminate as evidence in a business. 100% of points E-mails are subject to subpoena. 0% of points All of the above are true. 0% of points 0/1 Question 15: 1 pts Which statement is true? A forensic auditor may safely use the software on a seized system being examined to boot a system. 0% of points There is an approximately 41.3% chance that the first digit in a number will be 1. 0% of points Electronic evidence for criminal action is sought through discovery requests (e.g., interrogatories and depositions). 0% of points None of the above is true. 0% of points A technique called drill-down functionality allows financial managers to make reports interactive and multidimensional. 100% of points 0/1 Question 16: 1 pts Which is an inductive approach? Custom data mining. 100% of points All of the above are inductive. 0% of points Generic data mining. 0% of points Digital analysis. 0% of points Discovery sampling. 0% of points 0/1 Question 17: 1 pts Which is an inductive approach? Generic software. 0% of points Generic data mining. 0% of points Digital Analysis Tests and Statistics. 0% of points All of the above are deductive. 100% of points Discovery sampling. 0% of points 0/1 Question 18: 1 pts Which statement is false? Discovery sampling involves the use of a random-number-generating software to select the checks that an auditor is auditing. 0% of points
Custom data mining is an inductive approach. 0% of points Generic mining packages have given disappointing results. 0% of points Discovery sampling is an inductive approach. 100% of points None of the above is false. 0% of points 0/1 Question 19: 1 pts The approximate percentage chance that the first digit in a random number will be 9 is: 7%. 0% of points None of the above. 0% of points 4.6%. 100% of points 9.7% 0% of points 19%. 0% of points 0/1 Question 20: 1 pts Federal Rules of Evidence Section 803(18): All of the above. 0% of points Allows a motion of limine. 0% of points Allows a Frye challenge. 0% of points Allows written sources to get around the hearsay rule. 100% of points Allows a Daubert challenge. 0% of points 0/1 Question 21: 1 pts What is not direct evidence? None of the above. 0% of points An expert witness testifies. 0% of points Hearsay testimony by a lay witness. 100% of points A lay witness testifies. 0% of points The gun used in the murder. 0% of points 0/1 Question 22: 1 pts What would not be considered a document? A private letter. 0% of points Calendar. 0% of points None of the above. 100% of points Address book. 0% of points A photograph. 0% of points 0/1
Question 23: 1 pts Which statement is false? An expert witness can testify as to hearsay. 0% of points Some states follow the Frye rules. 0% of points A motion of limine is used to eliminate an expert. 0% of points None of the above. 100% of points The U.S. District Court follows the Daubert rule. 0% of points 0/1 Question 24: 1 pts Which statement is false? An expert is not needed for common knowledge. 0% of points On cross-examination a lawyer cannot lead a witness. 100% of points A credit card purchase can provide the proof that clinches a case for a party. 0% of points None of the above. 0% of points FRE 803(18) allows relevant material from written sources to get around the hearsay rule. 0% of points 0/1 Question 25: 1 pts A pleading which is filed by the plaintiff describes which of the following? Answer. 0% of points None of the above. 0% of points Service of process. 0% of points Demurrer. 0% of points Complaint. 100% of points 0/1 Question 26: 1 pts The third major phase of litigation is which of the following? Outcome. 0% of points Possible appeal. 0% of points Discovery. 0% of points Trial. 100% of points Pleadings. 0% of points 0/1 Question 27: 1 pts A ____________ is a written argument supported by citations of court decisions, statutes, and other authorities. Brief. 100% of points Dissenting opinion. 0% of points Covenant. 0% of points
Habeas corpus. 0% of points Concurring opinion. 0% of points 0/1 Question 28: 1 pts A written statement of a witness under oath, often in a question/answer format is a ____________. Deposition. 100% of points Dicta. 0% of points Remand. 0% of points Stare decisis. 0% of points Limine. 0% of points 0/1 Question 29: 1 pts Which of the following does not describe a simple Daubert challenge? Live witness. 100% of points Motion of limine. 0% of points Documents filed. 0% of points Hearing with judges and lawyers. 0% of points All of the above describe a simple Daubert challenge. 0% of points 0/1 Question 30: 1 pts Which of these is not one of the five major phrases of litigation? Pleadings. 0% of points Trial. 0% of points Discovery. 0% of points Outcome. 0% of points Cross examination. 100% of points 0/1 Question 31: 1 pts What is the term used for a party representing himself or herself? Res judicata. 0% of points Per curium. 0% of points En banc. 0% of points Ad hoc. 0% of points Pro se. 100% of points 0/1 Question 32: 1 pts Per curium refers to: Decision by only half the court.
0% of points Decision of the whole court. 100% of points Opinion that agrees with, but... 0% of points Decision rendered by full court. 0% of points Opinion that disagrees with majority. 0% of points 1/1 Question 33: 1 pts Which of these does not have privilege? Physician-patient. 0% of points Clergyman-parishioner. 0% of points Expert witness-client. 100% of points Attorney-client. 0% of points Husband-wife. 0% of points 1/1 Question 34: 1 pts Which of these is considered a complex Daubert challenge? Motion of limine. 0% of points Documents filed. 0% of points Hearing with a judge and lawyers. 0% of points Motion of summary judgment. 0% of points Live witnesses. 100% of points 0/1 Question 35: 1 pts Which one of the four phases of interrogation at trial is not required? Redirect examination. 0% of points All of the above are required. 0% of points Direct examination. 0% of points Re-cross examination. 100% of points Cross examination. 0% of points 1/1
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