Testifying Flashcards
At a trial in an adversarial jurisdiction, an attorney calls an expert witness to the stand and asks, “Could you please tell us about the history of this case?” This question is MOST LIKELY being presented as part of direct examination of the expert witness.
A. True
B. False
True
The ACFE Code of Professional Ethics prohibits fraud examiners from expressing opinions regarding the guilt or innocence of any person or party. This means that a fraud examiner who serves as an expert witness may NOT answer questions about whether the defendant committed actions that are characteristic of fraud.
A. True
B. False
False
Which of the following BEST describes the differences between the appointment of expert witnesses in most adversarial and inquisitorial jurisdictions?
A. The court has the power to appoint expert witnesses in inquisitorial jurisdictions but not in adversarial jurisdictions.
B. Experts in inquisitorial jurisdictions are primarily appointed and presented by the court, whereas the parties usually select and present experts in adversarial jurisdictions.
C. Experts are usually selected and appointed by the court in adversarial jurisdictions, but the parties primarily select experts in inquisitorial jurisdictions.
D. Expert witnesses are allowed to be appointed in adversarial jurisdictions but not in inquisitorial jurisdictions.
B. Experts in inquisitorial jurisdictions are primarily appointed and presented by the court, whereas the parties usually select and present experts in adversarial jurisdictions.
Blake, a Certified Fraud Examiner (CFE), is testifying in court as a witness in an adversarial jurisdiction. During cross-examination, opposing counsel keeps getting extremely close to Blake, invading his body space. What should Blake do?
A. Move toward opposing counsel, decreasing body space.
B. Attempt to move away from opposing counsel.
C. Get through the questioning without complaining or arguing.
D. Ask the judge to intervene.
C. Get through the questioning without complaining or arguing.
In most inquisitorial jurisdictions, only the judge may question an expert witness’s analysis or methods used.
A. True
B. False
Submit
False
Which of the following would be an example of a narrative question that an attorney might ask an expert witness during direct examination in an adversarial jurisdiction?
A. “Could you please describe the steps you took during your examination?”
B. “At what point did you begin to suspect that the subject was lying?”
C. “You couldn’t find any direct evidence implicating the suspect, could you?”
D. “Weren’t there three inaccuracies on the financial statement?”
A. “Could you please describe the steps you took during your examination?”
Which of the following statements concerning expert witnesses in inquisitorial jurisdictions is MOST ACCURATE?
A. Generally, the court is primarily responsible for appointing expert witnesses.
B. Expert testimony is generally prohibited in inquisitorial jurisdictions.
C. Usually, the parties select a pool of expert witnesses, and the jury votes on which expert is most qualified to testify.
D. The court may appoint expert witnesses, but generally, the parties select the primary expert witnesses.
Generally, the court is primarily responsible for appointing expert witnesses.
In most inquisitorial jurisdictions, it is the judge who ultimately decides how much consideration should be given to an expert’s testimony.
A. True
B. False
True
Which of the following statements concerning the examinations of expert witnesses in most inquisitorial jurisdictions is accurate?
A. Both the judge and the parties may question the credibility of a court-appointed expert witness.
B. Neither the judge nor the parties may question the credibility of a court-appointed expert witness.
C. Only the judge may question the credibility of a court-appointed expert witness.
D. Only the parties may question the credibility of a court-appointed expert witness.
Both the judge and the parties may question the credibility of a court-appointed expert witness.
Maria, a fraud examiner employed by the Jones Corporation, is asked to testify at trial concerning firsthand observations that she made while investigating an embezzlement case. Maria can BEST be described as a:
A. Lay witness
B. Observational witness
C. Confirming witness
D. Expert witness
A. Lay witness
During cross-examination of an expert witness, the questioning party often uses the “Is it not true?” and “Would you agree with me?” approach. This technique of cross-examination is used to:
A. Confuse the witness in the hope that they might contradict themselves.
B. Ease the witness into a feeling of false security.
C. Make the witness appear to be a sounding board by generally agreeing with the questioning party’s position.
D. Show that the witness’s bias prevents them from objectively considering an issue or situation.
C. Make the witness appear to be a sounding board by generally agreeing with the questioning party’s position.
Which of the following statements regarding the qualifications of expert witnesses in most adversarial jurisdictions is INCORRECT?
A. A candidate’s licenses, certifications, awards, and honors are factors that may be considered.
B. The judge makes the final determination of whether an expert is qualified to testify.
C. Special training, experience, and formal education can all contribute to an expert’s eligibility.
D. There is a standard educational requirement for expert testimony that applies to all candidates.
D. There is a standard educational requirement for expert testimony that applies to all candidates.
Expert witnesses may NOT express opinions or draw conclusions in their testimony during a legal proceeding.
A. True
B. False
False
In most inquisitorial jurisdictions, the judge has the sole discretion to raise objections regarding an expert witness’s biases.
A. True
B. False
False
Which of the following BEST describes the purpose of expert testimony in judicial proceedings?
A. To assist the trier of fact to understand the evidence or determine the fact in issue
B. To provide evidence based on personal knowledge and perceptions of the events at issue
C. To assist in proving and establishing one essential circumstance among many others
D. None of the above
A. To assist the trier of fact to understand the evidence or determine the fact in issue
While the parties in adversarial jurisdictions may sometimes choose expert witnesses, normally the court chooses them.
A. True
B. False
False
During cross-examination in adversarial proceedings, it is a general rule for opposing counsel to cross-examine a witness only if it would benefit the case.
A. True
B. False
True
In an adversarial system, the testimony of an expert witness will be admitted if the testimony is informative, at least to some extent, to any issue.
False
Which of the following types of questions is an expert witness MOST LIKELY to be asked during direct examination in an adversarial jurisdiction?
A. A two-part question
B. A narrative question
C. A leading question
D. A hostile question
B. A narrative question
Bailey, a Certified Fraud Examiner (CFE) in an adversarial jurisdiction, is being cross-examined in court regarding his expert opinion relating to a fraud matter. Darwin, a defense attorney, asks Bailey a question that is phrased in an overly and unnecessarily complex manner. Which of the following is the BEST way for Bailey to respond?
A. Request that the question be rephrased.
B. Avoid answering the question by talking about something else.
C. Ask the judge for a recess.
D. Object to the question’s phrasing.
A. Request that the question be rephrased.
Most inquisitorial judicial jurisdictions have more standardized requirements for expert witnesses than adversarial jurisdictions, such as the use of national standards to qualify experts.
A. True
B. False
True
Harris is retained to provide an opinion involving specialized knowledge in the accounting field for a trial. Which of the following BEST describes his role?
A. Fact witness
B. Expert witness
C. Informal expert
D. Consulting expert
B. Expert witness
Which of the following statements concerning expert witnesses in most inquisitorial jurisdictions is FALSE?
A. Expert witnesses are often selected from a list maintained by courts, chambers of commerce, or other organizations.
B. Experts are often allowed to serve as expert witnesses in multiple cases.
C. The judge makes the final determination of whether an expert is qualified.
D. An expert who is certified in a specific field is always qualified to testify as an expert witness.
D. An expert who is certified in a specific field is always qualified to testify as an expert witness.
In adversarial judicial jurisdictions, which of the following determinations is NOT a question that must typically be asked when determining whether an expert may testify before the jury?
A. Is the person qualified as an expert?
B. Is the person biased?
C. Is the testimony reliable?
D. Is the testimony relevant to the facts of the case?
B. Is the person biased?
Under the ACFE Code of Professional Ethics, fraud examiners who testify as witnesses are prohibited from:
A. Testifying to opinions that the trier of fact cannot test empirically
B. Testifying to opinions regarding the quality of other witnesses’ expert testimony
C. Testifying that, according to the evidence, they believe the accused committed the offense
D. Testifying to opinions concerning the defendant’s innocence
D. Testifying to opinions concerning the defendant’s innocence
In adversarial jurisdictions, which of the following is generally NOT a purpose of opposing counsel during the cross-examination of a witness?
A. To make the witness contradict former statements they made during the litigation process
B. To discredit the witness’s testimony itself
C. To obtain information about the witness’s testimony that was previously unknown to opposing counsel
D. To diminish the importance of the witness’s testimony
C. To obtain information about the witness’s testimony that was previously unknown to opposing counsel
Which of the following parties decides the scope of the examinations and breadth of authority of a court-appointed expert witness in an inquisitorial court?
A. A panel of the expert’s professional peers
B. The judge
C. The parties to the litigation
D. The expert witness
B. The judge
Because the Certified Fraud Examiner (CFE) credential denotes proven expertise in fraud prevention, detection, and deterrence, CFEs are automatically qualified to give testimony as to their opinion about fraud-related issues involved in a case.
A. True
B. False
False
If the evidence clearly shows that a suspect has committed a crime, it is permissible for a fraud examiner to testify that, in their opinion, the suspect is guilty because the evidence has established all the essential elements of the offense charged.
A. True
B. False
False
Which of the following is the cross-examination technique that entails getting the expert witness to admit a great amount of time being spent on a specific matter, and then selecting an area to highlight in which the witness has not done much work?
A. Sidelining
B. Sounding board
C. Myopic vision
D. None of the above
C. Myopic vision
Formal education is the main requirement for a witness to be qualified to testify as an expert in an adversarial jurisdiction.
A. True
B. False
False
