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1. Aliyah is an employee at Chatham, a publicly traded corporation, and she owns shares of Chatham ' s stock.
Aliyah learns that Chatham is going to publicly announce low earnings, so she sells her shares of Chatham ' s stock. If her conduct is illegal in the jurisdiction where she works and resides, then what type of crime did Aliyah MOST LIKELY commit?
A) Churning
B) Futures fraud
C) Trading on margin
D) Insider trading
2. In most common law jurisdictions, which of the following BEST describes when the duty to preserve evidence begins?
A) When the company receives notice of the lawsuit
B) When the court orders the party to produce the evidence
C) When the judge sets the schedule for discovery
D) When litigation is reasonably anticipated
3. Which of the following statements regarding the qualifications of expert witnesses in most adversarial jurisdictions is correct?
A) A person can be qualified to testify based on special training or experience.
B) The qualification of an expert is primarily based on educational accomplishments.
C) An expert is not qualified to testify unless all parties involved in the litigation approve.
D) Certification in a specific field is not usually a factor that would help qualify an expert.
4. During an internal investigation Todd a Certified Fraud Examiner (CFE) interviewed Janessa a fraud suspect Although Janessa wanted to leave in the middle of the interview, Todd blocked the exit and prevented her from leaving Janessa subsequently confessed to committing fraud If under these facts Janessa files a lawsuit (or false imprisonment against Todd, Todd will likely
A) Lose the case if a trier of fact concludes that he restrained Janessa without consent or legal justification
B) Win the case if he did not know the conduct was illegal
C) Lose the case because janessa did not leave the interview
D) Win the case because he is protected under the qualified business privilege
5. Which of the following is generally NOT one of the goals of deferred prosecution agreements?
A) To reduce the risk of illegal practices at an organization
B) To allow prosecutors to resolve a case while still punishing malfeasance
C) To get an organization to reform its policies
D) To postpone prosecution until a company conducts an extensive internal investigation
Solutions:
| Question # 1 Answer: D | Question # 2 Answer: D | Question # 3 Answer: A | Question # 4 Answer: A | Question # 5 Answer: D |
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