ACFE CFE - Law (Certified Fraud Examiner - Law) Practice Test 34

Question 330

A party wants to introduce settlement offers solely to prove that its opponent was legally liable. Which U.S. restriction may apply?

  1. Compromise-negotiation evidence
  2. Liability-insurance evidence rule
  3. Subsequent-remedial-measures rule
  4. Cumulative evidence control

Explanation

Correct Answer

A:

Rule 408 limits use of compromise discussions for proving or disproving claim validity or amount, while preserving specified other purposes.

Incorrect Answers

B:

Rule 411 generally excludes liability insurance evidence offered to prove wrongful conduct, though it may be admissible for another proper purpose; the relevant step in this scenario is Compromise-negotiation evidence.

C:

Rule 407 restricts use of later safety or corrective measures to prove certain past culpable conduct, subject to exceptions; here the operative distinction is Compromise-negotiation evidence.

D:

Courts may restrict proof that needlessly repeats an established point under relevance and case-management principles; those prerequisites should not be confused with Compromise-negotiation evidence.

Question 331

A company's later corrective control is offered only to prove it was negligent before the incident. Which limitation is relevant?

  1. Subsequent-remedial-measures rule
  2. Cumulative evidence control
  3. Liability-insurance evidence rule
  4. Compromise-negotiation evidence

Explanation

Correct Answer

A:

Rule 407 restricts use of later safety or corrective measures to prove certain past culpable conduct, subject to exceptions.

Incorrect Answers

B:

Courts may restrict proof that needlessly repeats an established point under relevance and case-management principles; subsequent-remedial-measures rule raises a different threshold from this alternative.

C:

Rule 411 generally excludes liability insurance evidence offered to prove wrongful conduct, though it may be admissible for another proper purpose; that concept must be distinguished from Subsequent-remedial-measures rule here.

D:

Rule 408 limits use of compromise discussions for proving or disproving claim validity or amount, while preserving specified other purposes; the circumstances point to Subsequent-remedial-measures rule rather than that separate test.

Question 332

An attorney seeks to use liability-insurance coverage to prove the insured acted negligently. Which U.S. evidentiary limit applies?

  1. Liability-insurance evidence rule
  2. Cumulative evidence control
  3. Compromise-negotiation evidence
  4. Subsequent-remedial-measures rule

Explanation

Correct Answer

A:

Rule 411 generally excludes liability insurance evidence offered to prove wrongful conduct, though it may be admissible for another proper purpose.

Incorrect Answers

B:

Courts may restrict proof that needlessly repeats an established point under relevance and case-management principles; the inquiry instead concerns Liability-insurance evidence rule, with its own elements.

C:

Rule 408 limits use of compromise discussions for proving or disproving claim validity or amount, while preserving specified other purposes; the relevant step in this scenario is Liability-insurance evidence rule.

D:

Rule 407 restricts use of later safety or corrective measures to prove certain past culpable conduct, subject to exceptions; here the operative distinction is Liability-insurance evidence rule.

Question 333

An attorney wants to use a witness's prior inconsistent statement but has not given the witness an opportunity to address it. Which rule may matter?

  1. Prior consistent statement
  2. Habit or routine-practice evidence
  3. Rule 613 prior statements
  4. Propensity-evidence limitation

Explanation

Correct Answer

C:

Federal Rule 613 governs impeachment with prior statements and requirements for offering extrinsic inconsistency evidence, subject to its text.

Incorrect Answers

A:

Rule 801(d)(1)(B) may permit qualifying earlier consistent statements when the declarant testifies and is subject to cross-examination; rule 613 prior statements addresses the distinct legal requirement stated in the facts.

B:

Rule 406 permits evidence of a person's habit or organization's routine practice to support inference of conduct on a particular occasion; rule 613 prior statements raises a different threshold from this alternative.

D:

Rule 404 generally restricts using other conduct solely to prove character-based propensity, though certain proper nonpropensity purposes may be permitted; that concept must be distinguished from Rule 613 prior statements here.

Question 334

An employee testifies from personal knowledge, then counsel offers a prior consistent statement to answer a charge of recent fabrication. Which category may be relevant?

  1. Rule 613 prior statements
  2. Habit or routine-practice evidence
  3. Prior consistent statement
  4. Propensity-evidence limitation

Explanation

Correct Answer

C:

Rule 801(d)(1)(B) may permit qualifying earlier consistent statements when the declarant testifies and is subject to cross-examination.

Incorrect Answers

A:

Federal Rule 613 governs impeachment with prior statements and requirements for offering extrinsic inconsistency evidence, subject to its text; prior consistent statement is the issue raised by the described conduct.

B:

Rule 406 permits evidence of a person's habit or organization's routine practice to support inference of conduct on a particular occasion; the inquiry instead concerns Prior consistent statement, with its own elements.

D:

Rule 404 generally restricts using other conduct solely to prove character-based propensity, though certain proper nonpropensity purposes may be permitted; the relevant step in this scenario is Prior consistent statement.

Question 335

A party asks a witness to describe a routine procedure followed on each payment run. Which evidence category may apply?

  1. Propensity-evidence limitation
  2. Familiar handwriting recognition
  3. Habit or routine-practice evidence
  4. Rule 613 prior statements
  5. Prior consistent statement

Explanation

Correct Answer

C:

Rule 406 permits evidence of a person's habit or organization's routine practice to support inference of conduct on a particular occasion.

Incorrect Answers

A:

Rule 404 generally restricts using other conduct solely to prove character-based propensity, though certain proper nonpropensity purposes may be permitted; those prerequisites should not be confused with Habit or routine-practice evidence.

B:

A witness familiar with the writing from ordinary prelitigation experience may help authenticate handwriting under Rule 901; habit or routine-practice evidence addresses the distinct legal requirement stated in the facts.

D:

Federal Rule 613 governs impeachment with prior statements and requirements for offering extrinsic inconsistency evidence, subject to its text; habit or routine-practice evidence raises a different threshold from this alternative.

E:

Rule 801(d)(1)(B) may permit qualifying earlier consistent statements when the declarant testifies and is subject to cross-examination; that concept must be distinguished from Habit or routine-practice evidence here.

Question 336

An investigator offers a person’s prior misconduct only to argue the person has a bad character and therefore committed the current fraud. Which restriction applies?

  1. Rule 613 prior statements
  2. Propensity-evidence limitation
  3. Prior consistent statement
  4. Habit or routine-practice evidence

Explanation

Correct Answer

B:

Rule 404 generally restricts using other conduct solely to prove character-based propensity, though certain proper nonpropensity purposes may be permitted.

Incorrect Answers

A:

Federal Rule 613 governs impeachment with prior statements and requirements for offering extrinsic inconsistency evidence, subject to its text; the circumstances point to Propensity-evidence limitation rather than that separate test.

C:

Rule 801(d)(1)(B) may permit qualifying earlier consistent statements when the declarant testifies and is subject to cross-examination; propensity-evidence limitation is the issue raised by the described conduct.

D:

Rule 406 permits evidence of a person's habit or organization's routine practice to support inference of conduct on a particular occasion; the inquiry instead concerns Propensity-evidence limitation, with its own elements.

Question 337

A witness says a handwritten ledger is genuine because they routinely saw its author prepare entries. What authentication foundation is offered?

  1. Opinion work product
  2. Logo is not conclusive authentication
  3. Specimen comparison
  4. Work-product waiver
  5. Record-version provenance
  6. Familiar handwriting recognition

Explanation

Correct Answer

F:

A witness familiar with the writing from ordinary prelitigation experience may help authenticate handwriting under Rule 901.

Incorrect Answers

A:

Mental impressions, conclusions and legal theories prepared for litigation receive stronger discovery protection than many ordinary factual materials; here the operative distinction is Familiar handwriting recognition.

B:

Appearance can contribute to authentication, but its significance must be judged with provenance and circumstances rather than treating a logo as proof; those prerequisites should not be confused with Familiar handwriting recognition.

C:

A qualified expert or the trier of fact may compare handwriting with genuine exemplars under the federal authentication rules; familiar handwriting recognition addresses the distinct legal requirement stated in the facts.

D:

Disclosure inconsistent with protection against an adversary can waive work-product protection, with standards differing from attorney-client privilege; familiar handwriting recognition raises a different threshold from this alternative.

E:

A collector should identify which version was captured and how updates operate before claiming the record reflects a specific historical state; that concept must be distinguished from Familiar handwriting recognition here.

Question 338

A party compares a disputed signature with a specimen already authenticated in court. Which method is used?

  1. Logo is not conclusive authentication
  2. Familiar handwriting recognition
  3. Record-version provenance
  4. Specimen comparison

Explanation

Correct Answer

D:

A qualified expert or the trier of fact may compare handwriting with genuine exemplars under the federal authentication rules.

Incorrect Answers

A:

Appearance can contribute to authentication, but its significance must be judged with provenance and circumstances rather than treating a logo as proof; that concept must be distinguished from Specimen comparison here.

B:

A witness familiar with the writing from ordinary prelitigation experience may help authenticate handwriting under Rule 901; the circumstances point to Specimen comparison rather than that separate test.

C:

A collector should identify which version was captured and how updates operate before claiming the record reflects a specific historical state; specimen comparison is the issue raised by the described conduct.

Question 339

An investigator claims an old invoice is an official record merely because it has a company logo. Which caution is relevant?

  1. Familiar handwriting recognition
  2. Specimen comparison
  3. Logo is not conclusive authentication
  4. Record-version provenance

Explanation

Correct Answer

C:

Appearance can contribute to authentication, but its significance must be judged with provenance and circumstances rather than treating a logo as proof.

Incorrect Answers

A:

A witness familiar with the writing from ordinary prelitigation experience may help authenticate handwriting under Rule 901; the relevant step in this scenario is Logo is not conclusive authentication.

B:

A qualified expert or the trier of fact may compare handwriting with genuine exemplars under the federal authentication rules; here the operative distinction is Logo is not conclusive authentication.

D:

A collector should identify which version was captured and how updates operate before claiming the record reflects a specific historical state; those prerequisites should not be confused with Logo is not conclusive authentication.

Question 340

A digital invoice is produced from a database that periodically overwrites historical versions. Which foundation is important?

  1. Logo is not conclusive authentication
  2. Work-product waiver
  3. Familiar handwriting recognition
  4. Specimen comparison
  5. Record-version provenance

Explanation

Correct Answer

E:

A collector should identify which version was captured and how updates operate before claiming the record reflects a specific historical state.

Incorrect Answers

A:

Appearance can contribute to authentication, but its significance must be judged with provenance and circumstances rather than treating a logo as proof; record-version provenance raises a different threshold from this alternative.

B:

Disclosure inconsistent with protection against an adversary can waive work-product protection, with standards differing from attorney-client privilege; that concept must be distinguished from Record-version provenance here.

C:

A witness familiar with the writing from ordinary prelitigation experience may help authenticate handwriting under Rule 901; the circumstances point to Record-version provenance rather than that separate test.

D:

A qualified expert or the trier of fact may compare handwriting with genuine exemplars under the federal authentication rules; record-version provenance is the issue raised by the described conduct.

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