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NEW QUESTION # 60
A business files for bankruptcy with the goal of obtaining relief from creditors so that it can rearrange its financial affairs and continue as a going concern. Which of the following describes this type of bankruptcy proceeding?
- A. Liquidation bankruptcy
- B. Debt dismissal bankruptcy
- C. Reorganization bankruptcy
- D. Debt adjustment bankruptcy
Answer: C
NEW QUESTION # 61
In a particular country's judicial process, the judge oversees the investigation of a case is primarily responsible for questioning witnesses and generally plays a larger role in the evidence-gathering process than the parties' legal counsel Which of the following BEST describes this type of judicial process'?
- A. Inquisitorial process
- B. Substantive law process
- C. Adversarial process
- D. Common law process
Answer: C
NEW QUESTION # 62
Smith, a Certified Fraud Examiner (CFE). works for the ABC Company, a private entity that operates w\ a jurisdiction with civil laws for defamation, invasion of privacy. and conflict of interest Smith seizes and searches the personal smartphone of Green an employee of ABC even though Green was not suspected of any wrongdong Assuming that Green had a reasonable expectation of privacy in the smartphone and Smith conducted the search without a legitmate interest or authority, under which of the following claims would Green MOST LIKELY be able to recover damages against Smith?
- A. Slander
- B. Public disclosure of private facts
- C. Intrusion into Green's private matters
- D. Conflict of interest
Answer: C
NEW QUESTION # 63
In most countries employers must provide notice to their employees before they implement an employee monitoring program
- A. True
- B. False
Answer: A
NEW QUESTION # 64
Ethan a U S resident, is running a Ponzi scheme As part of the scheme, he uses the U S mail system to send promotional materials to potential victims in France If the US government decides to prosecute Ethan, which of the following would provide the MOST LIKELY basis for the charges?
- A. Mail fraud
- B. Communications fraud
- C. Insider trading fraud
- D. Wire fraud
Answer: A
NEW QUESTION # 65
Grant, a fraud examiner is investigating Beatrice for embezzlement on his employer's behalf. During his investigation. Grant learns that Beatrice has cheated on her spouse and he tells several of Beatrice's coworkers about it Beatrice discovers that Grant revealed the unflattering (albeit true) information about her and decides to file a claim of defamation against Grant. Which of the following is the BEST explanation of why Beatrice will not win her defamation case?
- A. The communications to the subject's coworkers were privileged
- B. The news was not communicated to enough people
- C. The statement was not printed and distributed
- D. The information was true
Answer: D
NEW QUESTION # 66
Ellis works for a business that filed for bankruptcy. The administrator presiding over the bankruptcy contacts Ellis and requests information regarding his employer's financial affairs Assuming the administrator has all of the powers recommended in the World Bank Principles for Effective Insolvency and Creditor/Debtor Regimes (World Bank Principles) which of the following is TRUE?
- A. The administrator may only seek information regarding the bus ness that filed bankruptcy if Ellis consents to providing it.
- B. The administrator has no power to obtain the information under any circumstances
- C. The administrator may compel Ellis to provide the information despite Ellis's relationship to the business
- D. The administrator may not obtain the information unless the business agrees in writing
Answer: C
NEW QUESTION # 67
Which of the following statements concerning fact finders in criminal trials in common law jurisdictions is MOST ACCURATE?
- A. A panel of a professional judge and lay judges usually serves as the fact finder in serious cases
- B. The presence of a jury is always required to make factual findings in a common law criminal trial
- C. Juries usually serve as the fact finder in serious cases
- D. A judge is typically responsible for factual findings
Answer: D
NEW QUESTION # 68
In most civil law systems, which of the following parties typically serves as the fact finder in criminal proceedings?
- A. A panel of court-appointed attorneys
- B. A jury
- C. A panel comprised of laypersons
- D. judge
Answer: D
NEW QUESTION # 69
One of the purposes of securities regulation is to maintain market confidence.
- A. True
- B. False
Answer: A
NEW QUESTION # 70
Which of the following describes the purpose of an expert witness testimony at trial?
- A. To give a firsthand account of the fads of the case on the record
- B. To offer an opinion as to a party's guilt or innocence
- C. None of the above
- D. To give an opinion when the fact finder needs specialized knowledge
Answer: D
NEW QUESTION # 71
The Organisation for Economic Co-operation and Developments (OECD) Recommendation on Combating Bribery m International Business (Recommendation) urges member states to combat the bribery of foreign public officials by taking steps to improve which of the following primary areas within their respective infrastructures?
- A. Public health and safety regulations
- B. Laws and regulations covering e-commerce
- C. Laws and regulations related to public subsidies licenses, and contract procurement
- D. Consumer data protection laws
Answer: C
NEW QUESTION # 72
A prosecutor died criminal charges against Rosa calming that she stole Juan's personal information and sold his identity on the dark web Juan wants to file a civil lawsuit against Rosa to recover damages arising from the identity theft Can Juan file the civil action before the criminal action against Rosa is completed?
- A. Yes, the evil action can be filed if the jurisdiction permits parallel proceedings.
- B. No, the civil action cannot be filed if the jurisdiction prohibits counterclaims.
- C. No, the civil action cannot be filed if the jurisdiction prohibits double jeopardy.
- D. Yes, the evil action can be filed if the jurisdiction permits analogous cairns.
Answer: A
NEW QUESTION # 73
Before her criminal trial for embezzlement Monique contacts witnesses against her and offers to pay them if they change their stories Based on her actions the government would MOST LIKELY bring additional charges against Monique for:
- A. Judicial extortion
- B. Conspiracy to influence the court
- C. Obstruction of justice
- D. Fraudulent misrepresentation
Answer: C
NEW QUESTION # 74
Which of the following is NOT an element generally required to establish a claim alleging the common law avil wrong for intentional infliction of emotional distress?
- A. The victim suffered distress as a result of the defendants conduct
- B. The defendant acted intentionally or recklessly
- C. The victim was an employee of the defendant
- D. The defendant engaged in extreme and outrageous conduct
Answer: C
NEW QUESTION # 75
Which of the following statements concerning the appointment of expert witnesses at that is accurate?
- A. Generally, the court appoints the primary expert witnesses in inquisitorial jurisdictions.
- B. Generally, only the parties may select expert witnesses in inquisitor jurisdictions
- C. Generally the court selects the primary expert witnesses in adversarial jurisdictions
- D. Generally, only the parties may select experts to introduce testimony in adversarial jurisdictions
Answer: A
NEW QUESTION # 76
Which of the following examples of judicial systems would BEST be described as a civil law system?
- A. The courts are allowed to consider both codified statutes and previous court decisions but are bound by neither
- B. The courts are bound by both previous court decisions and codified principles or statutes
- C. The courts are bound primarily by previous court decisions to reserve legal issues
- D. The courts are bound by codified principles or statures but are not bound by previous court decisions
Answer: D
NEW QUESTION # 77
Which of the following is generally NOT one of the goals of deferred prosecution agreements?
- A. To postpone prosecution until a company conducts an extensive internal investigation
- B. To reduce the risk of illegal practices at an organization
- C. To allow prosecutors to resolve a case while still punishing malfeasance
- D. To get an organization to reform its policies
Answer: A
NEW QUESTION # 78
In most civil law systems, the burden of proof for the government to convict a defendant in a criminal case is beyond a reasonable doubt.
- A. False
- B. True
Answer: A
NEW QUESTION # 79
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