ACFE CFE - Law (Certified Fraud Examiner - Law) Practice Test 26

Question 250

A forensic analyst records a cryptographic digest when imaging a suspect's disk. Which integrity mechanism is used?

  1. Cryptographic hash verification
  2. Chain of custody
  3. Preservation of original condition
  4. Hearsay rule
  5. Collection-method documentation

Explanation

Correct Answer

A:

Matching acquisition and later hashes can support that a forensic copy has not changed, although it does not alone prove who created every file.

Incorrect Answers

B:

A custody log records possession and handling so the source and integrity of an item can be traced through collection, storage and presentation; cryptographic hash verification raises a different threshold from this alternative.

C:

Original evidence should be protected from avoidable alteration; marked copies or annotations should be kept separately to preserve later verification; that concept must be distinguished from Cryptographic hash verification here.

D:

An out-of-court statement offered for the truth of its asserted content is generally hearsay unless an exclusion or exception applies; the circumstances point to Cryptographic hash verification rather than that separate test.

E:

A credible record should explain how, when, where and with what tools evidence was acquired, beyond simply listing successive custodians; cryptographic hash verification is the issue raised by the described conduct.

Question 251

Investigators alter the original document to highlight entries before photographing it. Which preservation principle has been breached?

  1. Preservation of original condition
  2. Cryptographic hash verification
  3. Collection-method documentation
  4. Chain of custody

Explanation

Correct Answer

A:

Original evidence should be protected from avoidable alteration; marked copies or annotations should be kept separately to preserve later verification.

Incorrect Answers

B:

Matching acquisition and later hashes can support that a forensic copy has not changed, although it does not alone prove who created every file; the inquiry instead concerns Preservation of original condition, with its own elements.

C:

A credible record should explain how, when, where and with what tools evidence was acquired, beyond simply listing successive custodians; the relevant step in this scenario is Preservation of original condition.

D:

A custody log records possession and handling so the source and integrity of an item can be traced through collection, storage and presentation; here the operative distinction is Preservation of original condition.

Question 252

A laboratory identifies who handled each evidence transfer but never describes the acquisition method. Which gap remains?

  1. Chain of custody
  2. Cryptographic hash verification
  3. Collection-method documentation
  4. Preservation of original condition

Explanation

Correct Answer

C:

A credible record should explain how, when, where and with what tools evidence was acquired, beyond simply listing successive custodians.

Incorrect Answers

A:

A custody log records possession and handling so the source and integrity of an item can be traced through collection, storage and presentation; collection-method documentation addresses the distinct legal requirement stated in the facts.

B:

Matching acquisition and later hashes can support that a forensic copy has not changed, although it does not alone prove who created every file; collection-method documentation raises a different threshold from this alternative.

D:

Original evidence should be protected from avoidable alteration; marked copies or annotations should be kept separately to preserve later verification; that concept must be distinguished from Collection-method documentation here.

Question 253

A witness attempts to repeat an absent colleague's assertion to prove that the assertion is true. Which exclusionary framework may apply in U.S. court?

  1. Present-sense impression
  2. Opposing-party statement
  3. Hearsay rule
  4. Excited utterance

Explanation

Correct Answer

C:

An out-of-court statement offered for the truth of its asserted content is generally hearsay unless an exclusion or exception applies.

Incorrect Answers

A:

Rule 803(1) allows certain near-contemporaneous descriptions of an event or condition, subject to foundational requirements; hearsay rule is the issue raised by the described conduct.

B:

Under U.S. federal evidence law a qualifying statement offered against the opposing party is treated as nonhearsay under Rule 801(d)(2); the inquiry instead concerns Hearsay rule, with its own elements.

D:

Rule 803(2) may permit statements relating to a startling event made while the declarant was still under stress caused by it; the relevant step in this scenario is Hearsay rule.

Question 254

A manager's earlier statement is offered against that manager as a party in litigation. Which rule category could allow the statement?

  1. Opposing-party statement
  2. Hearsay rule
  3. Business-records exception
  4. Excited utterance
  5. Present-sense impression

Explanation

Correct Answer

A:

Under U.S. federal evidence law a qualifying statement offered against the opposing party is treated as nonhearsay under Rule 801(d)(2).

Incorrect Answers

B:

An out-of-court statement offered for the truth of its asserted content is generally hearsay unless an exclusion or exception applies; those prerequisites should not be confused with Opposing-party statement.

C:

Rule 803(6) permits qualifying routine records supported by a custodian or other foundation, unless circumstances indicate untrustworthiness; opposing-party statement addresses the distinct legal requirement stated in the facts.

D:

Rule 803(2) may permit statements relating to a startling event made while the declarant was still under stress caused by it; opposing-party statement raises a different threshold from this alternative.

E:

Rule 803(1) allows certain near-contemporaneous descriptions of an event or condition, subject to foundational requirements; that concept must be distinguished from Opposing-party statement here.

Question 255

A contemporaneous note describes a startling event while the speaker was perceiving it. Which exception may be investigated?

  1. Opposing-party statement
  2. Business-records exception
  3. Present-sense impression
  4. Hearsay rule
  5. Excited utterance

Explanation

Correct Answer

C:

Rule 803(1) allows certain near-contemporaneous descriptions of an event or condition, subject to foundational requirements.

Incorrect Answers

A:

Under U.S. federal evidence law a qualifying statement offered against the opposing party is treated as nonhearsay under Rule 801(d)(2); the circumstances point to Present-sense impression rather than that separate test.

B:

Rule 803(6) permits qualifying routine records supported by a custodian or other foundation, unless circumstances indicate untrustworthiness; present-sense impression is the issue raised by the described conduct.

D:

An out-of-court statement offered for the truth of its asserted content is generally hearsay unless an exclusion or exception applies; the inquiry instead concerns Present-sense impression, with its own elements.

E:

Rule 803(2) may permit statements relating to a startling event made while the declarant was still under stress caused by it; the relevant step in this scenario is Present-sense impression.

Question 256

A person describes a frightening event while still under its immediate stress. Which hearsay exception may apply?

  1. Opposing-party statement
  2. Present-sense impression
  3. Hearsay rule
  4. Excited utterance

Explanation

Correct Answer

D:

Rule 803(2) may permit statements relating to a startling event made while the declarant was still under stress caused by it.

Incorrect Answers

A:

Under U.S. federal evidence law a qualifying statement offered against the opposing party is treated as nonhearsay under Rule 801(d)(2); here the operative distinction is Excited utterance.

B:

Rule 803(1) allows certain near-contemporaneous descriptions of an event or condition, subject to foundational requirements; those prerequisites should not be confused with Excited utterance.

C:

An out-of-court statement offered for the truth of its asserted content is generally hearsay unless an exclusion or exception applies; excited utterance addresses the distinct legal requirement stated in the facts.

Question 257

A hospital has regularly maintained payroll files made near each payment by personnel with knowledge. Which evidentiary exception may apply?

  1. Public-records exception
  2. Recorded recollection
  3. Impeachment by inconsistency
  4. Refreshing recollection
  5. Business-records exception

Explanation

Correct Answer

E:

Rule 803(6) permits qualifying routine records supported by a custodian or other foundation, unless circumstances indicate untrustworthiness.

Incorrect Answers

A:

Rule 803(8) provides a framework for admissibility of specified public office activities or observations, subject to exclusions and trustworthiness limits; that concept must be distinguished from Business-records exception here.

B:

Rule 803(5) allows qualifying recorded recollections when the witness cannot now recall well enough and the past record meets reliability requirements; the circumstances point to Business-records exception rather than that separate test.

C:

Material inconsistencies may challenge a witness's credibility even when the previous statement is not admissible as substantive truth; business-records exception is the issue raised by the described conduct.

D:

Rule 612 deals with using material to refresh a witness's memory; the resulting testimony is different from offering the note itself for its truth; the inquiry instead concerns Business-records exception, with its own elements.

Question 258

A tax officer certifies an official filing record as a qualifying public-office record. Which exception might fit?

  1. Public-records exception
  2. Refreshing recollection
  3. Business-records exception
  4. Recorded recollection

Explanation

Correct Answer

A:

Rule 803(8) provides a framework for admissibility of specified public office activities or observations, subject to exclusions and trustworthiness limits.

Incorrect Answers

B:

Rule 612 deals with using material to refresh a witness's memory; the resulting testimony is different from offering the note itself for its truth; the relevant step in this scenario is Public-records exception.

C:

Rule 803(6) permits qualifying routine records supported by a custodian or other foundation, unless circumstances indicate untrustworthiness; here the operative distinction is Public-records exception.

D:

Rule 803(5) allows qualifying recorded recollections when the witness cannot now recall well enough and the past record meets reliability requirements; those prerequisites should not be confused with Public-records exception.

Question 259

A person with incomplete recollection reads a record they previously made accurately while the events were fresh. Which exception may be relevant?

  1. Business-records exception
  2. Recorded recollection
  3. Public-records exception
  4. Refreshing recollection

Explanation

Correct Answer

B:

Rule 803(5) allows qualifying recorded recollections when the witness cannot now recall well enough and the past record meets reliability requirements.

Incorrect Answers

A:

Rule 803(6) permits qualifying routine records supported by a custodian or other foundation, unless circumstances indicate untrustworthiness; recorded recollection raises a different threshold from this alternative.

C:

Rule 803(8) provides a framework for admissibility of specified public office activities or observations, subject to exclusions and trustworthiness limits; that concept must be distinguished from Recorded recollection here.

D:

Rule 612 deals with using material to refresh a witness's memory; the resulting testimony is different from offering the note itself for its truth; the circumstances point to Recorded recollection rather than that separate test.

Question 260

A witness uses a prior signed note merely to jog memory and then testifies from refreshed memory. Which distinct technique applies?

  1. Business-records exception
  2. Public-records exception
  3. Recorded recollection
  4. Refreshing recollection

Explanation

Correct Answer

D:

Rule 612 deals with using material to refresh a witness's memory; the resulting testimony is different from offering the note itself for its truth.

Incorrect Answers

A:

Rule 803(6) permits qualifying routine records supported by a custodian or other foundation, unless circumstances indicate untrustworthiness; the inquiry instead concerns Refreshing recollection, with its own elements.

B:

Rule 803(8) provides a framework for admissibility of specified public office activities or observations, subject to exclusions and trustworthiness limits; the relevant step in this scenario is Refreshing recollection.

C:

Rule 803(5) allows qualifying recorded recollections when the witness cannot now recall well enough and the past record meets reliability requirements; here the operative distinction is Refreshing recollection.

Certified Fraud Examiner - Law (CFE - Law) Practice Tests