Deck 18: Legal Follow-Up

Question 1

What most weakens an expert witness' credibility?

A) Bringing notes, work papers, or other material to the witness stand.
B) Appearing pompous or aggressive.
C) Lack of preparation.
D) Boring the jury with windy explanations and technical jargon.

Answer 1

C
A: While this is definitely a "don't," it's not as damaging to credibility as lack of preparation.
B: While this is definitely a "don't," it's not as damaging to credibility as lack of preparation.
C: No matter how extensive an expert's personal qualifications, credibility is weakened if he/she is not familiar with the facts of the case.
D: While this is definitely a "don't," it's not as damaging to credibility as lack of preparation.

Question 2

Which of the following motions are frequently made during the pretrial phase?

A) A motion to dismiss charges as a matter of law
B) A motion to suppress certain evidence because it was illegally obtained
C) A motion to dismiss charges as a matter of principle
D) Both C and A
E) Both A and B

Answer 2

E
A: B is also correct
B: A is also correct
C: This is a fabricated statement.

Question 3

The term "voir dire" refers to

A) The requirement to prove a case beyond reasonable doubt (not correct purely by definition)
B) Requiring the recipient to produce documents pertinent to the case (subpoena duces tecum)
C) The process of qualifying an expert witness to testify
D) When a defendant does not contest the charges but does not admit guilt ("nolo contendere")

Answer 3

C
C: Correct

Question 4

Which of the following rights is guaranteed by the 5th amendment?

A) Receive a speedy and public trial
B) Be heard by an impartial jury
C) Be represented by legal counsel
D) Cannot be tried twice for the same crime

Question 5

All of the following characteristics exist in a criminal case except:

A) Guilt must be established "beyond a reasonable doubt"
B) Any items can be seized "at will" from the defendant and used against him or her
C) Defendants have the right to "plead the fifth"
D) A jury's decision must be unanimous

Question 6

What is the general order of occurrence for a civil trial?

A) Discovery, Investigation and Pleadings, Trial and appeals, Motion practice and negotiation
B) Investigation and Pleadings, Motion practice and negotiation, Discovery, Trial and appeals
C) Investigation and Pleadings, Trial and appeals, Discovery, Motion practice and negotiation
D) Investigation and Pleadings, Discovery, Motion practice and negotiation, Trial and appeals

Question 7

The Fifth Amendment:

A) Protects against unreasonable searches.
B) Disallows being tried twice for the same crime.
C) Grants the right to a speedy trial.
D) None of the above.

Question 8

In the discovery stage of a civil litigation, attorneys obtain information about the other side's case through all of the following except?

A) Motion practice.
B) Subpoenas.
C) Depositions.
D) Requests for admission.

Question 9

Which of the following protect the defendant from 'unreasonable searches and seizures by the government'?

A) 4th amendment
B) 5th amendment
C) 6th amendment
D) 7th amendment

Question 10

The following are all stages in civil litigation except:

A) Trial and appeal.
B) Discovery.
C) Investigation and pleadings.
D) All are stages in civil litigation.

Question 11

Which is not an advantage of a civil trial over a criminal trial?

A) Jury may have as few as 6 members
B) Unanimous verdict not required
C) Conviction based on "preponderance of evidence"
D) Civil charges carry stricter penalties

Question 12

_________ is the body of law that provides remedies for violations of private rights.

A) Civil Law
B) Criminal Law
C) Judicial Law
D) Constitutional Law
E) Personal Injury Law

Question 13

The filing of motions for documents, filing of interrogatories, filing of requests for admissions, and obtaining subpoenas are all part of which general phase of the civil litigation process?

A) Investigation and pleadings
B) Discovery
C) Motion practice and negotiation
D) Trial and appeal

Question 14

To be an effective witness during a deposition, the witness should:

A) Not reveal any information relating to the case directly
B) Try to create holes in the opposing party's case
C) Try to be a "defensive" rather than an "offensive" witness
D) Reveal all the information known about a case

Question 15

The concept of probable cause comes from which amendment?

A) The Fourth Amendment
B) The Fifth Amendment
C) The Seventh Amendment
D) The Ninth Amendment

Question 16

Each of the following is a stage in the civil litigation process EXCEPT:

A) Investigation and Pleadings
B) Discovery
C) Grand Jury
D) Motion practice and negotiation
E) Trial and Appeal

Question 17

If you were being (unjustly) prosecuted for fraud, which prosecution offers the best possibility of being exonerated?

A) Being charged civilly
B) Being charged criminally
C) Being charged criminally and civilly
D) Settling out of court

Question 18

Which of the following is true concerning discovery?

A) It occurs in the last stages of trial
B) It is part of the civil litigation process, but not part of the criminal litigation process
C) It is the legal process where attorneys try to find out information about the other party involved.
D) It is the term used when someone confesses during a trial
E) Two of the above

Question 19

A(n) _____________ 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

Question 20

As an expert witness, you should guard your answers most carefully when

A) You are being deposed
B) During interrogatories
C) During trial
D) During cross-examination

Question 21

The legal process used by attorneys to find all information before a trial begins is known as:

A) Pleadings
B) Investigation
C) Discovery
D) Admission

Question 22

What is the meaning of a Nolo contendere plea by a defendant?

A) Nolo contendere is synonymous with a plea of guilty
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) Nolo contendere is synonymous with a plea of not guilty

Question 23

When acting as an expert witness you should be careful never to do the following:

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 such will undermine anything you said before
C) Phrase your answer in your own words rather than memorize answers to questions you expect to be asked
D) Respond to statements or observations

Question 24

The amendments play important parts in federal court proceedings. The concept of probable cause comes from which amendment?

A) The Fourth Amendment
B) The Fifth Amendment
C) The Seventh Amendment
D) The Ninth Amendment

Question 25

The Fifth Amendment to the U.S. Constitution provides defendants certain protections including all of the following except:

A) An indictment by a grand jury before being held for a capital crime
B) Not being tried twice for the same crime
C) The right to refuse to incriminate oneself
D) Application of due process of law
E) Speedy and public trial

Question 26

In a civil trial ________ is the term used to describe the stage of a trial where opposing parties seek rulings from the trial judge on a variety of questions.

A) Investigation and pleadings
B) Discovery
C) Motion practice and negotiations
D) Trial and appeal

Question 27

All of the following are true with regards to civil law except:

A) It provides remedies for violations of private rights
B) It deals with rights and duties between individuals
C) It begins when one party files a claim for restitution from another
D) Court proceedings are heard by a grand jury
E) All of the above are true concerning civil law

Question 28

In every civil case there are four basic stages. Which of the following is not one of the basic stages?

A) Investigation and pleadings
B) Discovery
C) Motion practice and negotiation
D) All are correct

Question 29

Fraud cases that involve federal laws or statutes (such as mail fraud, Racketeer Influenced and Corrupt Organization, banking, and securities regulations) are tried in:

A) Criminal courts
B) U.S. claims courts
C) U.S. bankruptcy courts
D) U.S. district courts

Question 30

A grand jury:

A) Is allowed to hear evidence not admissible in court
B) Can issue and enforce a subpoena
C) Consists of 16 to 23 citizens
D) Two of the above
E) All of the above

Question 31

Which of the following is a written order in the name of the court that requires a witness to submit to give testimony at trial?

A) A deposition
B) A subpoena
C) A production request
D) None of the above

Question 32

Which of the following is true regarding civil lawsuits against perpetrators of fraud?

A) Juries must consist of 12 members as in criminal law
B) The jury's verdict must be unanimous
C) The perpetrator must be proven guilty beyond a reasonable doubt
D) The purpose of filing a civil lawsuit is for the defrauded party to gain financial restitution
E) All of the above

Question 33

Which court is the highest appeal court in the U.S.

A) U.S. Court of Appeals
B) U.S. Supreme Court
C) U.S. Administrative Agency
D) U.S. Claims Court

Question 34

Arturo Martinez, an accountant for ABC company in Houston TX, is suspected of fraud. Information already gathered points the finger at Arturo as the most likely perpetrator. Due to the magnitude of the fraud, Mikey Monus, the president and CEO (who really embezzled the money), wants to lay all blame on innocent Arturo by prosecuting him both civilly and criminally. Which of the following will not happen to Arturo during the civil litigation process?

A) Interrogatories
B) Arraignment
C) Subpoenas
D) depositions

Question 35

Expert witnesses testify about all of the following except:

A) Nature of the fraud
B) Damages suffered due to the fraud
C) Negligence of the victim in allowing the fraud to happen
D) Standards that were violated
E) An expert witness can testify about all of the following

Question 36

When would a not guilty plea be given for a criminal proceeding?

A) During the preliminary hearing
B) During the pretrial motions
C) At arraignment
D) During the trial
E) None of the above

Question 37

The process of qualifying an "expert witness" to testify is known as ____________.

A) Bon appetite
B) Voir dire
C) Caveat emptor
D) A strenuous process

Question 38

Which type of trial uses pre-trial depositions?

A) Criminal
B) Civil

Question 39

Carolyn Laney has just been convicted of mail fraud in a U.S. District Court. She is not satisfied with the ruling. What can she do next?

A) Appeal to the Supreme Court
B) Appeal to the 12 U.S. Courts of Appeals
C) Appeal to a state appellate court
D) Nothing; verdicts from the district courts cannot be appealed

Question 40

During the deposition, good 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) Voluntarily talk about something that is important but the attorney didn't ask
C) Before answering, experts pause to give the attorneys for their side an opportunity to object to the question.
D) Not to answer specific questions if instructed by their attorneys.

Question 41

Which of the following classifications fits a probate court?

A) County Court
B) Intermediate Appellate Court
C) Circuit Court
D) Lower-level Trial Court
E) Highest-level appellate court

Question 42

Which of the following statements is NOT true?

A) Most civil cases are settled and do not go to trial
B) Settlement negotiations are often introduced during the trial.
C) Either party may negotiate a settlement during litigation
D) All of the above are true statements

Question 43

As an expert witness one should never:

A) Develop an opinion as to who is innocent and who is guilty
B) Giving all information necessary to convey the point, even if not asked directly
C) Reveal all information related to his/her expert credentials and experience.
D) Explain assumptions on which your conclusions are based, and prepare for opposing council to attack them.

Question 44

Which of the following protections does the Fifth Amendment provide for defendants?

A) The right to receive a speedy and public trial.
B) Requires that a probable cause exist before a defendant is arrested.
C) Protects defendants against unreasonable searches and seizures by the government.
D) Precludes a person from being tried twice for the same crime.

Question 45

For which type of fidelity bond must a company show absolute proof that an insured individual stole from the company?

A) Name schedule fidelity bond
B) Blanket position bond
C) Primary commercial blanket bond
D) Two of the above
E) All of the above

Question 46

Which of the following is not a difference between civil and criminal law?

A) Juries in civil cases may have as many as 6 jurors compared to the 12 required by criminal cases.
B) Civil cases are often heard by judges instead of jurors.
C) Criminal law deals with offences of a public nature whereas civil law deals with offences against society as a whole.
D) A unanimous jury decision is required in criminal cases but not in civil cases.

Question 47

Under which body of law must juries rule unanimously on guilt for the perpetrator to be convicted?

A) Civil Law
B) Martial Law
C) Murphy's Law
D) Criminal Law
E) Case Law

Question 48

Depositions are part of the _________ in the litigation process.

A) Investigation and pleadings phase
B) Discovery phase
C) Motion practice and negotiation phase
D) Trial and appeal phase

Question 49

What does the Fourth Amendment protect against?

A) Unreasonable searches and seizures by the government
B) Trying a person twice for the same crime
C) The government taking a private party's property without just compensation
D) Arrests without a warrant

Question 50

Which of the following not a stage of the criminal litigation process?

A) Preliminary hearing
B) Arraignment
C) Pretrial motions
D) Discovery
E) All of the above are stages of the criminal litigation process

Question 51

Identify which answer describes an effective expert witness in a fraud trial.

A) Remember that you are an advocate and should support your client's position.
B) If opposing council attempts to bully you during cross examination, it is OK to become hostile. Jurors respect you if you stand your ground.
C) Jurors will understand your answer better if you volunteer information and editorialize your answer.
D) Take whatever time is necessary to review exhibits before responding to questions about those exhibits.

Question 52

When comparing civil cases vs. criminal cases:

A) Unlike criminal cases, juries in civil cases need not consist of 12 jurors, but may have as few as 6 jurors. The jury's verdict need not be unanimous.
B) Like criminal cases, juries in civil cases need not consist of 12 jurors, but may have as few as 6 jurors. The jury's verdict need not be unanimous.
C) Unlike criminal cases, juries in civil cases need to consist of 12 jurors. The jury's verdict need be unanimous.
D) Like criminal cases, juries in civil cases may have as few as 6 jurors. The jury's verdict need be unanimous

Question 53

Considering the difference between Criminal and Civil law, which of the following statements is not true?

A) Criminal law deals with offenses against society as a whole, whereas civil law deals with rights and duties between individuals
B) Plaintiffs in criminal cases must only prove their case by the "preponderance of evidence."
C) In civil trials, the jury's decision need not be unanimous.
D) All of the above statements are true.

Question 54

Which of the following is true of criminal fraud trials?

A) When convicted usually serve jail sentences or pay fines
B) Law that provides remedies for violations of private rights
C) Heard by judges instead of juries.
D) Must only prove their case through a "preponderance of the evidence."

Question 55

A written declaration given under oath is known as:

A) an affidavit
B) an admission
C) a deposition
D) a testimony

Question 56

Which of the stages of the civil litigation process tends to be the most difficult, time consuming, and expensive part of the litigation?

A) Investigation and Pleadings
B) Discovery
C) Trial and Appeal
D) Motion practice and Negotiation

Question 57

Which amendment precludes a person from being tried twice for the same crime?

A) 1st Amendment
B) 4th Amendment
C) 5th Amendment
D) 19th Amendment

Question 58

Which of the following is true of a good expert witness in a deposition?

A) They are not defensive in their posture.
B) They do not need to be accompanied by a lawyer
C) They should be open and offer as much information as possible. After all, they are the expert
D) They should pause after each question and listen carefully
E) B and D

Question 59

During which basic stage of a civil case does each party's attorney try to find all information about the other side's case before the trial begins?

A) Arraignment
B) Discovery
C) Motion practice and negotiation
D) Interrogatories