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1. In jurisdictions that allow for corporate criminal liability, which of the following is typically required for the corporation to be vicariously liable for the acts of one of its employees?
A) Management was directly involved in the underlying offense.
B) The employee committed the offense with the intention of personal benefit.
C) The employee was acting outside the scope of their employment.
D) An employee of the corporation committed each element of a criminal offense.
2. To determine if a misrepresentation in the offer or sale of any securities is material a fraud examiner should answer which of the following questions?
A) " Did the person who made the representation believe that it was suitable for potential investors? "
B) " Was the misrepresentation made by an authorized individual? "
C) " Would a reasonable investor wish to know the information to make an informed decision? "
D) ' ' Did the person who made the representation intend to mislead potential investors?
3. Which of the following statements concerning the appointment of expert witnesses at that is accurate?
A) Generally the court selects the primary expert witnesses in adversarial jurisdictions.
B) Generally, the court appoints the primary expert witnesses in inquisitorial jurisdictions.
C) Generally, only the parties may select expert witnesses in inquisitional jurisdictions.
D) Generally, only the parties may select experts to introduce testimony in adversarial jurisdictions
4. Which of the following statements is MOST ACCURATE concerning how criminal bargaining agreements are typically handled in jurisdictions where such agreements are allowed?
A) Only the judge assigned to the case has the discretion to decide whether to settle charges with a bargaining agreement.
B) Both the prosecution and the defense have the discretion to decide whether to settle charges with a bargaining agreement.
C) The defense generally has the discretion to decide whether to settle charges with a bargaining agreement.
D) The prosecution generally has the discretion to decide whether to settle charges with a bargaining agreement.
5. Greg is serving as an expert witness and is being cross-examined at trial. The questioning party gets Greg to state that he spent considerable time working on a certain issue in the case. Then the questioning party asks many questions on a tangential issue in the case that Greg knows little about. Which of the following describes the questioning party ' s method?
A) Personal attack
B) Myopic vision
C) Sounding board
D) Bias
Solutions:
| Question # 1 Answer: D | Question # 2 Answer: C | Question # 3 Answer: B | Question # 4 Answer: C | Question # 5 Answer: B |
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