CFE EXAM- LAW, CFE-Law
Chambers exam;Questions
and Guided answers.
Appeals Process - ANSWER In most jurisdictions, in an appeal, the APPEALING
party petitions an APPELLATE court to overturn or modify the LOWER court's
decision.
appellate courts will not accept an appeal unless the petition is filed in a timely
manner(no later than 30 days)
an appellate court will reverse a conviction only if it finds an error that likely affected
the trial's outcome and denied the defendant a fair trial.
In jurisdictions that allow criminal bargaining agreements, which of the following
parties generally has/have the discretion to decide whether to settle charges with a
bargaining agreement? - ANSWER Prosecutorial Discretion:
The prosecution
BEST describes when a custodial arrest occurs? - ANSWER A custodial arrest
occurs when a law enforcement officer indicates that the suspect is no longer free to
leave.
Exceptions that allow law enforcement officials to make arrests without warrants: -
ANSWER -An offense that occurred in the presence of an officer
-The discovery of contraband in the suspect's possession
-Emergency situations
Rights of United Nations' (UN) International Covenant on Civil and Political Rights
(ICCPR): - ANSWER -all people accused of crimes are entitled to a fair hearing
before a court or other tribunal and that the results of the trial should be made public
to protect the criminal justice system's transparency.
-Adequate time to prepare a defense
-The ability to be represented by legal counsel of the defendant's choosing and to
freely communicate with counsel
-The right to have accusations and the procedures explained through a translator for
free, if necessary
-The right to be tried for charges without undue delay
-The right to examine or have examined the witnesses against the accused
-Freedom from testifying against oneself or compelled confessions
,CFE EXAM- LAW, CFE-Law
Chambers exam;Questions
and Guided answers.
United Nations' (UN) International Covenant on Civil and Political Rights (ICCPR) -
ANSWER Recognizing various rights of citizens. Part III of the ICCPR includes the
rights of those accused of crimes.
In most common law jurisdictions, to prevail in a criminal case, the prosecution must
prove its case - ANSWER Beyond a reasonable doubt
Cross Examination - ANSWER Counterclaim:
Company XYZ sues A in a civil proceeding. A sues XYZ for something else in the
same case. What is this called? Counterclaim.
After a bank has sued a customer for an unpaid debt, the customer counterclaims
(sues back) against the bank for fraud in procuring the debt. The court will sort out
the different claims in one lawsuit
Parallel Proceedings - ANSWER When both civil and criminal proceedings are
instituted against a violator.
When a defendant is found guilty of a crime, there are a variety of sanctions
available to the judge or the jury. Depending on the jurisdiction and the crime,
available SANCTIONS may include: - ANSWER Probation
Imprisonment
Fines
Restitution
Criminal Forfeiture
Criminal Forfeiture - ANSWER Defendants can be ordered to TRANSFER specific
PROPERTY to the government as part of their sentence. It generally involves
property that was USED TO COMMIT A CRIME.
Restitution - ANSWER (pay money) to crime victims for the money or property they
lost.
Example: a defendant who is convicted of embezzling $10,000 from their employer
might be sentenced to 5 years in prison and also ordered to make restitution to the
employer in the amount of $10,000.
Imprisonment: Determinate Sentence & Indeterminate Sentence - ANSWER DS: 5
years
IDS 5-10 years
Probation - ANSWER Suspension of an offender's sentence in return for a promise
of good behavior. but the offender is generally placed under the control and
,CFE EXAM- LAW, CFE-Law
Chambers exam;Questions
and Guided answers.
guidance of a government agent (e.g., probation officer), who ensures that the
conditions of probation are met.
Unlike parole, probation is typically a sentence imposed prior to (and instead of)
imprisonment. parole, which involves a supervised release from prison after part of a
sentence has been served
vicarious liability - ANSWER the absolute liability of one party for the misconduct of
another party
very broad and imposes liability on a corporation even if those in management had
no knowledge or participation in the underlying events.
business entity is liable for the acts of its employees if: - ANSWER occur within the
SCOPE of employment
the employee committed each element of criminal violation
with some INTENT to benefit the corporation
even if those in MGMT had NO KNOWLEDGE participation in the underlying events
to impose liability against a company for fraud: - ANSWER the moving party must
prove that an agent of the company made the alleged false statements with specific
intent to defraud
Which of the following is NOT one of the three stages of a criminal proceeding in an
inquisitorial jurisdiction? - ANSWER The pretrial stage
The pretrial phase is one of the two stages that take place in adversarial
jurisdictions. Adversarial jurisdictions also have a trial phase.
Criminal proceedings in inquisitorial jurisdictions are typically divided into three
phases: - ANSWER the investigative phase, the examining phase, and the trial.
In the investigative stage, the public prosecutor, judge, or both (depending on the
jurisdiction's process) collect documentary and tangible evidence regarding the case.
The investigating party then decides whether there is sufficient evidence to submit
the case for prosecution.
If there is sufficient evidence, the case moves on to the examining phase, which is
mostly conducted in writing. The judge completes a written record of the evidence
, CFE EXAM- LAW, CFE-Law
Chambers exam;Questions
and Guided answers.
and may also collect testimony and additional evidence. If the judge certifies that
there is a valid case against the accused, the matter moves forward to trial.
The discovery process occurs primarily in the first two of these three phases.
The trial commences with the exhibition of the examining record before the parties
and the trial judge, jury, or panel. The parties argue their case before the trial judge
(or jury, if applicable).
In criminal trials in common law jurisdictions, a jury must serve as the fact finder.
T OR F - ANSWER FALSE
Additionally, many common law jurisdictions allow the defendant to waive the right to
trial by jury. When no jury is present, the judge serves as the fact finder.
Which of the following outcomes to criminal allegations of fraud against an
organization occurs when PROSECUTORS agree not to prosecute claims as long as
the organization reforms its practices and reduces the risk of illegal activities? -
ANSWER Deferred prosecution agreement
These requirements typically focus on getting the business to
reform its policies and reduce the risk of illegal practices.
help companies avoid indictment, trial, and conviction
while providing a jurisdiction's justice system with another channel for resolving a
corporate case that punishes malfeasance
and effectuates changes in a company's culture.
deferred prosecution agreements can result in no conviction if the agreement is
fulfilled.
Plea bargaining agreement - ANSWER defendant pleads guilty to a violation in
exchange for some sort of leniency;
sentencing agreements - ANSWER defendant submits a confession or pleads guilty
in exchange for a reduced sentence or other lenient treatment.
In adversarial jurisdictions, the parties involved in litigation typically cannot request
evidence from each other until after the trial begins.
T OR F - ANSWER FALSE
Chambers exam;Questions
and Guided answers.
Appeals Process - ANSWER In most jurisdictions, in an appeal, the APPEALING
party petitions an APPELLATE court to overturn or modify the LOWER court's
decision.
appellate courts will not accept an appeal unless the petition is filed in a timely
manner(no later than 30 days)
an appellate court will reverse a conviction only if it finds an error that likely affected
the trial's outcome and denied the defendant a fair trial.
In jurisdictions that allow criminal bargaining agreements, which of the following
parties generally has/have the discretion to decide whether to settle charges with a
bargaining agreement? - ANSWER Prosecutorial Discretion:
The prosecution
BEST describes when a custodial arrest occurs? - ANSWER A custodial arrest
occurs when a law enforcement officer indicates that the suspect is no longer free to
leave.
Exceptions that allow law enforcement officials to make arrests without warrants: -
ANSWER -An offense that occurred in the presence of an officer
-The discovery of contraband in the suspect's possession
-Emergency situations
Rights of United Nations' (UN) International Covenant on Civil and Political Rights
(ICCPR): - ANSWER -all people accused of crimes are entitled to a fair hearing
before a court or other tribunal and that the results of the trial should be made public
to protect the criminal justice system's transparency.
-Adequate time to prepare a defense
-The ability to be represented by legal counsel of the defendant's choosing and to
freely communicate with counsel
-The right to have accusations and the procedures explained through a translator for
free, if necessary
-The right to be tried for charges without undue delay
-The right to examine or have examined the witnesses against the accused
-Freedom from testifying against oneself or compelled confessions
,CFE EXAM- LAW, CFE-Law
Chambers exam;Questions
and Guided answers.
United Nations' (UN) International Covenant on Civil and Political Rights (ICCPR) -
ANSWER Recognizing various rights of citizens. Part III of the ICCPR includes the
rights of those accused of crimes.
In most common law jurisdictions, to prevail in a criminal case, the prosecution must
prove its case - ANSWER Beyond a reasonable doubt
Cross Examination - ANSWER Counterclaim:
Company XYZ sues A in a civil proceeding. A sues XYZ for something else in the
same case. What is this called? Counterclaim.
After a bank has sued a customer for an unpaid debt, the customer counterclaims
(sues back) against the bank for fraud in procuring the debt. The court will sort out
the different claims in one lawsuit
Parallel Proceedings - ANSWER When both civil and criminal proceedings are
instituted against a violator.
When a defendant is found guilty of a crime, there are a variety of sanctions
available to the judge or the jury. Depending on the jurisdiction and the crime,
available SANCTIONS may include: - ANSWER Probation
Imprisonment
Fines
Restitution
Criminal Forfeiture
Criminal Forfeiture - ANSWER Defendants can be ordered to TRANSFER specific
PROPERTY to the government as part of their sentence. It generally involves
property that was USED TO COMMIT A CRIME.
Restitution - ANSWER (pay money) to crime victims for the money or property they
lost.
Example: a defendant who is convicted of embezzling $10,000 from their employer
might be sentenced to 5 years in prison and also ordered to make restitution to the
employer in the amount of $10,000.
Imprisonment: Determinate Sentence & Indeterminate Sentence - ANSWER DS: 5
years
IDS 5-10 years
Probation - ANSWER Suspension of an offender's sentence in return for a promise
of good behavior. but the offender is generally placed under the control and
,CFE EXAM- LAW, CFE-Law
Chambers exam;Questions
and Guided answers.
guidance of a government agent (e.g., probation officer), who ensures that the
conditions of probation are met.
Unlike parole, probation is typically a sentence imposed prior to (and instead of)
imprisonment. parole, which involves a supervised release from prison after part of a
sentence has been served
vicarious liability - ANSWER the absolute liability of one party for the misconduct of
another party
very broad and imposes liability on a corporation even if those in management had
no knowledge or participation in the underlying events.
business entity is liable for the acts of its employees if: - ANSWER occur within the
SCOPE of employment
the employee committed each element of criminal violation
with some INTENT to benefit the corporation
even if those in MGMT had NO KNOWLEDGE participation in the underlying events
to impose liability against a company for fraud: - ANSWER the moving party must
prove that an agent of the company made the alleged false statements with specific
intent to defraud
Which of the following is NOT one of the three stages of a criminal proceeding in an
inquisitorial jurisdiction? - ANSWER The pretrial stage
The pretrial phase is one of the two stages that take place in adversarial
jurisdictions. Adversarial jurisdictions also have a trial phase.
Criminal proceedings in inquisitorial jurisdictions are typically divided into three
phases: - ANSWER the investigative phase, the examining phase, and the trial.
In the investigative stage, the public prosecutor, judge, or both (depending on the
jurisdiction's process) collect documentary and tangible evidence regarding the case.
The investigating party then decides whether there is sufficient evidence to submit
the case for prosecution.
If there is sufficient evidence, the case moves on to the examining phase, which is
mostly conducted in writing. The judge completes a written record of the evidence
, CFE EXAM- LAW, CFE-Law
Chambers exam;Questions
and Guided answers.
and may also collect testimony and additional evidence. If the judge certifies that
there is a valid case against the accused, the matter moves forward to trial.
The discovery process occurs primarily in the first two of these three phases.
The trial commences with the exhibition of the examining record before the parties
and the trial judge, jury, or panel. The parties argue their case before the trial judge
(or jury, if applicable).
In criminal trials in common law jurisdictions, a jury must serve as the fact finder.
T OR F - ANSWER FALSE
Additionally, many common law jurisdictions allow the defendant to waive the right to
trial by jury. When no jury is present, the judge serves as the fact finder.
Which of the following outcomes to criminal allegations of fraud against an
organization occurs when PROSECUTORS agree not to prosecute claims as long as
the organization reforms its practices and reduces the risk of illegal activities? -
ANSWER Deferred prosecution agreement
These requirements typically focus on getting the business to
reform its policies and reduce the risk of illegal practices.
help companies avoid indictment, trial, and conviction
while providing a jurisdiction's justice system with another channel for resolving a
corporate case that punishes malfeasance
and effectuates changes in a company's culture.
deferred prosecution agreements can result in no conviction if the agreement is
fulfilled.
Plea bargaining agreement - ANSWER defendant pleads guilty to a violation in
exchange for some sort of leniency;
sentencing agreements - ANSWER defendant submits a confession or pleads guilty
in exchange for a reduced sentence or other lenient treatment.
In adversarial jurisdictions, the parties involved in litigation typically cannot request
evidence from each other until after the trial begins.
T OR F - ANSWER FALSE
