58. Which of the following is the most accurate statement about fraud trials? A. An expert witness is an ordinary person who has knowledge about the facts of the case at hand. B. Fraud trials generaly take less time to prepare than other types of cases. C. Generally, questioning a lay witness on direct proceeds from background questions to questions designed to establish the witness's personal knowledge of the relevant material. D. Although expert witnesses may answer open-ended questions, they generaly cannot answer narrative questions. 59. What occurs when a court sequesters a witness by irmoking the rule? A. The witness is excluded from being present in the courtroom while other witnesses are testifying. B. The attomeys cannot question the sequestered witness except on cross-examination. C. The jurors are excluded from hearing the testimony of the sequestered witness. D. The media is excluded from hearing the testimony of the sequestered witness. 60. Which of the following is the most accurate statement about the pretrial practices between attomeys and their witnesses? A. Attorneys are prohibited from working with a witness before trial to help the witness communicate the truth. B. Attomeys are prohibited from coaching their witnesses. C. An attorney should not share with a witness the questions that they intend to ask the witness. D. It is permissible for an attomey to tell a witness what answers the witness should give. 61. Which of the following CANNOT be used to impeach a lay witness's testimony? A. Evidence that the witness's ability to observe was impaired B. Evidence that the witness is biased C. Evidence that the witness's testimony is inconsistent D. Evidence that the witness was convicted of a misdemeanor for driving while intoxicated 62. A sentence for a criminal defendant is one in which the length of the sentence is fixed for a specific amount of time. A. Determinate B. Indeterminate C. Maximum D. Minimum 63. Which of the following is the most accurate statement about the types of sanctions that can be imposed on a defendant who is found guity of a crime? A. If a criminal defendant is convicted of committing a fraud that is judged to be particularly malicious, the judge can order the defendant to pay punitive damages to the victim as part of a criminal restitution order. B. Parole is a type of sanction that a court can impose as a result of a criminal conviction. C. If a criminal defendant is convicted of committing a fraud, the judge can order the defendant to pay compensatory damages to their victims. D. A criminal defendant convicted of committing fraud can be sentenced to serve probation. Vi. Appeals 64. Appelate courts only review questions of ; they do not review questions of A. Fact; law B. Law; fact C. Testimony, evidence D. Sufficiency; procedure 72. h any forfeiture case, prosecutors will want to be sure that the facts of a particular case warrant and support the use of forfeiture as an appropriate remedy. Which of the following questions is the prosecutor LEAST likely to ask when seeking to determine whether a case warrants the use of forfeiture? A. What evidence makes this property forfeitable? B. How should the property be seized? C. How much of the property should be used to satisfy the settlement? D. What is the value of the property? 73. Which of the following is the most accurate statement about enforcing civil judgments? A. Any asset owned by a judgment debtor may be seized and sold to pay a judgment. B. A judgment creditor can obtain a writ of execution to seize a judgment debtor's property for disposal after which the proceeds are delivered to the creditor. C. When a court enters a civil judgment, it guarantees that the judgment creditor will collect on the judgment. D. Civil judgments are self-enforcing. 74. Which of the following is a type of debt that cannot be discharged in bankuptcy? A. Debts from court judgments B. Debts associated with medical bils C. Debts incurred by fraud D. Unsecured debts 75. The provision in fidelity insurance policies provides that if the insurance company pays a claim, it acquires the rights of the insured to sue the wrongdoer. A. Reinsurance B. Subrogation C. Recoupment D. Compensation 60. Fenelope sued Lebra tor civll fraud. Fenelope asked the jury tor $500,000 in damages. The jury awarded her only $200,000. Penelope is unhappy she did not receive the full amount. Which of the following is the most accurate statement regarding Penelope's right to appeal? A. Even though the judgment is in Penelope's favor, she can appeal the case. B. Because the judgment is in Penelope's favor, she cannot appeal the case. C. Penelope can only appeal errors of law, and because damages calculations are questions of fact, she cannot appeal the damages award. D. Penelope can appeal the case only if the damages awards affect her substantial rights. award even if the award does not affect her substantial rights. VII. Recovering III-Gotten Gains 66. Which of the following is a type of civil remedy used when the plaintiff has no adequate remedy at law? A. Punitive damages (or exemplary damages) B. Compensatory damages C. Equitable remedies D. Restitution 67. Which of the following is the most accurate statement about the relation back doctrine as it applies to asset forfeiture? A. Under the relation back doctrine, when a piece of property is forfeited, the transfer of the right, title, and interest in the property dates back to the moment when it became forfeitable. B. Under the relation back doctrine, the terms of a forfeiture contract cannot be altered by evidence of oral agreements purporting to change, explain, or contradict the witten document. C. The relation back doctrine is a doctrine in forfeiture law requiring a witing to make a forfeiture effective. D. The relation back doctrine is designed to restore a victim to the position they occupied before their rights were violated. 68. Which of the tollowing is a question that a prospective plaintift in a civil suit should ask to evaluate the Ikelihood for reoovery in a potential legal action? A. Is there a forfeiture provision to the crime that was committed? B. What property is forfeitable? C. WII the defendant(s) be able to protect against enforcement of a judgment? D. What evidence makes the property forfeitable? 69. A civil plaintiff may seek a(n) to secure assets before trial and prevent the defendant from disposing of them while the lawsuit is pending. A. Prejudgment writ of attachment B. Writ of execution C. Garnishment order D. In rem forfeiture 70. In the United States, the government can seize property through civil forfeiture by all of the following methods EXCEPT: A. Initiating a forfeiture procedure under the Federal Rules of Criminal Procedure B. Beginning a summary or administrative procedure under federal customs laws C. Seizing property that is in the possession of a known felon D. Seizing property without warrant when the government has reason to believe the property is dangerous to the public health or safety, or has been used in violation of the drug laws 71. To prevent sale of the property pending the outcome of litigation, a party to an action concerning or affecting title or possession of real property can fle a in the county recorder's office of the county in which the property is located. A. Writ of attachment B. Sequestration order C. Notice of lis pendens D. Request for admission