acfe cfe-law practice test

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. Reorganization bankruptcy
• B. Debt adjustment bankruptcy
• C. Debt dismissal bankruptcy
• D. Liquidation bankruptcy

Allison works for a government contractor She informs the government that her employer has been
submitting false claims to the government for payment Later it is discovered that Allison has
misappropriated more than $50,000 of her employer's money Alison qualifies as a whistleblower
entitled to anti-retaliation protection under the law because of her report to the government Which
of the following statements about Allison is CORRECT?

• A. Allison cannot be fired for misappropriating funds from her employer
• B. Allison cannot be fired for any reason
• C. Alison cannot be fired for informing the government of her employee’s fraud
• D. None of the above

Which of the following is NOT a legal element that must be shown to prove a claim for fraudulent
misrepresentation of material facts?

• A. The victim relied on the misrepresentation
• B. The defendant acted negligently
• C. The defendant made a false statement (i, e., a misrepresentation of fact)
• D. The victim suffered damages as a result of the misrepresentation

In jurisdictions that allow criminal bargaining agreements the defendant's counsel generally has the
discretion to determine whether a bargaining agreement is available to the defendant.

• A. True
• B. False

The MOST COMMON bankruptcy fraud scheme is:

• A. Forged filing
• B. A planned bustcut
• C. A credit card bustout
• D. Concealment of assets

Which of the following describes the purpose of an expert witness testimony at trial?

• A. To offer an opinion as to a party's guilt or innocence
• B. To give a firsthand account of the fads of the case on the record
• C. To give an opinion when the fact finder needs specialized knowledge
• D. None of the above

Even if a government agent obtains consent to search by force duress or bribery, the consent will still
constitute a valid waiver of the consenting party's right to be free from searches.

• A. true
• B. False

Which of the following would be direct evidence that the criminal defendant a former cashier for a
home improvement store committed a cash larceny scheme that resulted in the theft of more than
$5 000 from the store?

• A. A diagram is used to display the location of the store's registers
• B. A witness testifies that they saw the defendant take the money
• C. A witness testifies that the defendant was almost always the last cashier to leave the store
• D. A coworker testifies that the defendant was acting nervously the day the money was taken

Which of the following statements regarding the qualifications of expert witnesses in most
inquisitorial jurisdictions is CORRECT?

• A. Certification in a specific field is always enough to qualify an expert
• B. An excerpt is not qualified to testify unless all parties to the litigation approve
• C. Experts are generally prohibited from serving as expert witnesses in multiple cases
• D. The qualification of an expert is generally based on standardized requirements

Evidence that tends to make some tact at issue more or less likely than it would be without the
evidence is called:

• A. Circumstantial evidence
• B. Testamentary evidence
• C. Demonstrative evidence
• D. Relevant evidence