ACFE CFE - Law (Certified Fraud Examiner - Law) Practice Test 27

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.

Question 261

A witness's prior inconsistent statement is used to undermine confidence in their current version. Which evidentiary purpose is central?

  1. Bias or interest
  2. Attorney-client privilege
  3. Perception and opportunity
  4. Impeachment by inconsistency
  5. Impeachment by criminal conviction

Explanation

Correct Answer

D:

Material inconsistencies may challenge a witness's credibility even when the previous statement is not admissible as substantive truth.

Incorrect Answers

A:

Showing a witness's relationship or incentive can help the finder of fact evaluate credibility independently of whether the account is directly contradicted; impeachment by inconsistency addresses the distinct legal requirement stated in the facts.

B:

Qualifying confidential communications for obtaining or providing legal advice are protected from disclosure, subject to holder, waiver and exceptions; impeachment by inconsistency raises a different threshold from this alternative.

C:

A witness's actual opportunity to observe matters to reliability and is analytically different from truthfulness or motive; that concept must be distinguished from Impeachment by inconsistency here.

E:

Rule 609 regulates when certain prior convictions may be introduced for credibility, using offense, age and balancing requirements; the circumstances point to Impeachment by inconsistency rather than that separate test.

Question 262

A witness acknowledges an earlier conviction that is admissible under the applicable rule. Which credibility technique may be used?

  1. Impeachment by criminal conviction
  2. Bias or interest
  3. Impeachment by inconsistency
  4. Perception and opportunity

Explanation

Correct Answer

A:

Rule 609 regulates when certain prior convictions may be introduced for credibility, using offense, age and balancing requirements.

Incorrect Answers

B:

Showing a witness's relationship or incentive can help the finder of fact evaluate credibility independently of whether the account is directly contradicted; impeachment by criminal conviction is the issue raised by the described conduct.

C:

Material inconsistencies may challenge a witness's credibility even when the previous statement is not admissible as substantive truth; the inquiry instead concerns Impeachment by criminal conviction, with its own elements.

D:

A witness's actual opportunity to observe matters to reliability and is analytically different from truthfulness or motive; the relevant step in this scenario is Impeachment by criminal conviction.

Question 263

An interviewer explores whether a witness has a financial stake in the outcome. Which impeachment ground is addressed?

  1. Impeachment by criminal conviction
  2. Perception and opportunity
  3. Bias or interest
  4. Impeachment by inconsistency

Explanation

Correct Answer

C:

Showing a witness's relationship or incentive can help the finder of fact evaluate credibility independently of whether the account is directly contradicted.

Incorrect Answers

A:

Rule 609 regulates when certain prior convictions may be introduced for credibility, using offense, age and balancing requirements; those prerequisites should not be confused with Bias or interest.

B:

A witness's actual opportunity to observe matters to reliability and is analytically different from truthfulness or motive; bias or interest addresses the distinct legal requirement stated in the facts.

D:

Material inconsistencies may challenge a witness's credibility even when the previous statement is not admissible as substantive truth; bias or interest raises a different threshold from this alternative.

Question 264

A witness cannot perceive events because the room was dark and they were distant. What ability is challenged?

  1. Perception and opportunity
  2. Impeachment by inconsistency
  3. Impeachment by criminal conviction
  4. Bias or interest

Explanation

Correct Answer

A:

A witness's actual opportunity to observe matters to reliability and is analytically different from truthfulness or motive.

Incorrect Answers

B:

Material inconsistencies may challenge a witness's credibility even when the previous statement is not admissible as substantive truth; the circumstances point to Perception and opportunity rather than that separate test.

C:

Rule 609 regulates when certain prior convictions may be introduced for credibility, using offense, age and balancing requirements; perception and opportunity is the issue raised by the described conduct.

D:

Showing a witness's relationship or incentive can help the finder of fact evaluate credibility independently of whether the account is directly contradicted; the inquiry instead concerns Perception and opportunity, with its own elements.

Question 265

A lawyer asks a consultant for confidential legal advice and later resists compelled production of those communications. Which protection may apply?

  1. Privilege waiver by disclosure
  2. Attorney work-product protection
  3. Legal-advice purpose requirement
  4. Attorney-client privilege
  5. Crime-fraud exception

Explanation

Correct Answer

D:

Qualifying confidential communications for obtaining or providing legal advice are protected from disclosure, subject to holder, waiver and exceptions.

Incorrect Answers

A:

Disclosing protected communications outside a legally preserved confidential relationship can surrender protection, depending on governing waiver rules; here the operative distinction is Attorney-client privilege.

B:

Work-product doctrine shields certain litigation-prepared material from ordinary discovery, with distinctions for fact and opinion work product; those prerequisites should not be confused with Attorney-client privilege.

C:

Copying counsel on an ordinary business communication does not necessarily turn it into a confidential request for legal advice; attorney-client privilege addresses the distinct legal requirement stated in the facts.

E:

Attorney-client privilege does not ordinarily protect qualifying communications used to further a future or ongoing crime or fraud, subject to proof and procedure; attorney-client privilege raises a different threshold from this alternative.

Question 266

A lawyer prepares legal theories and interview notes because adversarial litigation is reasonably anticipated. Which doctrine may protect the material?

  1. Crime-fraud exception
  2. Attorney work-product protection
  3. Attorney-client privilege
  4. Privilege waiver by disclosure

Explanation

Correct Answer

B:

Work-product doctrine shields certain litigation-prepared material from ordinary discovery, with distinctions for fact and opinion work product.

Incorrect Answers

A:

Attorney-client privilege does not ordinarily protect qualifying communications used to further a future or ongoing crime or fraud, subject to proof and procedure; that concept must be distinguished from Attorney work-product protection here.

C:

Qualifying confidential communications for obtaining or providing legal advice are protected from disclosure, subject to holder, waiver and exceptions; the circumstances point to Attorney work-product protection rather than that separate test.

D:

Disclosing protected communications outside a legally preserved confidential relationship can surrender protection, depending on governing waiver rules; attorney work-product protection is the issue raised by the described conduct.

Question 267

A manager forwards legal advice to an unrestricted external mailing list. Which risk is greatest?

  1. Crime-fraud exception
  2. Attorney work-product protection
  3. Privilege waiver by disclosure
  4. Attorney-client privilege

Explanation

Correct Answer

C:

Disclosing protected communications outside a legally preserved confidential relationship can surrender protection, depending on governing waiver rules.

Incorrect Answers

A:

Attorney-client privilege does not ordinarily protect qualifying communications used to further a future or ongoing crime or fraud, subject to proof and procedure; the relevant step in this scenario is Privilege waiver by disclosure.

B:

Work-product doctrine shields certain litigation-prepared material from ordinary discovery, with distinctions for fact and opinion work product; here the operative distinction is Privilege waiver by disclosure.

D:

Qualifying confidential communications for obtaining or providing legal advice are protected from disclosure, subject to holder, waiver and exceptions; those prerequisites should not be confused with Privilege waiver by disclosure.

Question 268

A client communicates with counsel to further an ongoing deception rather than seek lawful advice. Which privilege boundary matters?

  1. Crime-fraud exception
  2. Attorney-client privilege
  3. Attorney work-product protection
  4. Privilege waiver by disclosure

Explanation

Correct Answer

A:

Attorney-client privilege does not ordinarily protect qualifying communications used to further a future or ongoing crime or fraud, subject to proof and procedure.

Incorrect Answers

B:

Qualifying confidential communications for obtaining or providing legal advice are protected from disclosure, subject to holder, waiver and exceptions; crime-fraud exception raises a different threshold from this alternative.

C:

Work-product doctrine shields certain litigation-prepared material from ordinary discovery, with distinctions for fact and opinion work product; that concept must be distinguished from Crime-fraud exception here.

D:

Disclosing protected communications outside a legally preserved confidential relationship can surrender protection, depending on governing waiver rules; the circumstances point to Crime-fraud exception rather than that separate test.

Question 269

A company treats every email copied to a lawyer as privileged without reviewing its purpose. What error is made?

  1. Organizational privilege holder
  2. Legal-advice purpose requirement
  3. Selective-waiver uncertainty
  4. Ordinary-course records and work product

Explanation

Correct Answer

B:

Copying counsel on an ordinary business communication does not necessarily turn it into a confidential request for legal advice.

Incorrect Answers

A:

In corporate matters the client is generally the organization rather than every individual employee; notice and applicable law matter; the inquiry instead concerns Legal-advice purpose requirement, with its own elements.

C:

Selective waiver is not generally guaranteed by voluntary disclosure to an adversary; counsel must evaluate controlling jurisdictional rules; the relevant step in this scenario is Legal-advice purpose requirement.

D:

Documents created for routine business purposes are not automatically work product merely because lawyers later review them; here the operative distinction is Legal-advice purpose requirement.

Question 270

An internal audit memo existed years before litigation was anticipated. What protection cannot simply be assumed?

  1. Legal-advice purpose requirement
  2. Selective-waiver uncertainty
  3. Organizational privilege holder
  4. Ordinary-course records and work product

Explanation

Correct Answer

D:

Documents created for routine business purposes are not automatically work product merely because lawyers later review them.

Incorrect Answers

A:

Copying counsel on an ordinary business communication does not necessarily turn it into a confidential request for legal advice; ordinary-course records and work product addresses the distinct legal requirement stated in the facts.

B:

Selective waiver is not generally guaranteed by voluntary disclosure to an adversary; counsel must evaluate controlling jurisdictional rules; ordinary-course records and work product raises a different threshold from this alternative.

C:

In corporate matters the client is generally the organization rather than every individual employee; notice and applicable law matter; that concept must be distinguished from Ordinary-course records and work product here.

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