Per the Fraud Examiners Manual, the "law of evidence" governs the admissibility of evidence in legal procedures. Which of the following governs evidence in U.S. federal courts? Sarbanes-Oxley Act. The U.S. Constitution. The Federal Rules of Evidence. The U.S. Evidence Act. Per the Fraud Examiners Manual, what is "demonstrative evidence"? a physical object that played a part in the issues being litigated. It includes both documentary evidence as well as other types of physical evidence. a tangible item that illustrates some material proposition (e.g., a map, a chart, or a summary). oral statements made by witnesses under oath. All of the above are demonstrative evidence. Per the Fraud Examiners Manual, which of the following is (are) an example(s) of direct evidence? canceled checks, invoice, ledgers, and letters. testimony from an expert witness. inferential evidence. eyewitness testimony or a confession Per the Fraud Examiners Manual, the admissibility of evidence largely depends on the discretion of which party? The Certified Fraud Examiner. The prosecutor. the presiding judge. the plaintiff. Per the Fraud Examiners Manual, which of the following relevant evidence might still be excluded? if the evidence is unduly prejudicial. if the evidence threatens to confuse or mislead the jury. if the evidence threatens to cause unnecessary delay or waste time. All of the above could be excluded even though it might be relevant. Per the Fraud Examiners Manual, special rules (in common law systems) exclude certain forms of evidence that lack reliability. Which of the following is most likely to be excluded under these rules. evidence that has not be properly authenticated. testimony from a witness who is credible (e.g., knowledge is believable and the knowledge is gained by his or her personal experience). evidence collect by an expert using appropriate chain of custody techniques. business records generated or maintained in the usual course of business. Per the Fraud Examiners Manual, authentication of writing consists of establishing who authored the document. Which of the following is NOT one of the ways this is done? the author testifies and claims authorship. a witness testifies to hearing the author's administrative assistant state the author wrote the document. an expert witness (e.g., certified forensic document examiner) verifies the author's penmanship. a witness testifies to seeing the author write the document Per the Fraud Examiners Manual, courts typically accept digital files and documents. However, courts have recognized that authentication of digital records _______. require less scrutiny if such records were obtained from o secure server and the log Indicates the exact date and time the record was created. require less scrutiny if such records v/ere obtained from an encrypted source. may require greater scrutiny because such records can easily be altered after creation will always require greater scrutiny. Per the Fraud Examiners Manual, what are the two sources of substantive law? Constitutional law and procedural law. Federal Rules of Evidence and statutory law Statutory law and common law Constitutional law and criminal law
