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1.

To be convicted in a criminal case, the standard of evidence is:


b. Beyond a reasonable doubt.
The standard that must be met by the prosecution's evidence in a criminal prosecution: that no
other logical explanation can be derived from the facts except that the defendant committed the
crime, thereby overcoming the presumption that a person is innocent until proven guilty.
2. Most court cases are decided in state courts, except when:
d.Both a and b are correct (a. Federal laws are in question b. The case involves several statutes).
Federal court jurisdiction is limited to the types of cases listed in the Constitution and
specifically provided for by Congress. For the most part, federal courts only hear:
Cases in which the United States is a party;
Cases involving violations of the U.S. Constitution or federal laws (under federal-
question jurisdiction);
Cases between citizens of different states if the amount in controversy exceeds $75,000
(under diversity jurisdiction); and
Bankruptcy, copyright, patent, and maritime law cases.
3. What is/are the distinguishing factor(s) between the lower and higher state trial courts?
d. Both a and b (a. Amount of monetary damage b. Seriousness of crime).
Lower-level trial courts handle trials for:
Misdemeanors (small crimes)
Preliminaries (pretrial issues)
Below some dollar amount ($10,000)
Higher-level trial courts handle trials for/having:
Above the lower level dollar amount ($10,000)
More serious crimes than those handles in the lower-level trial courts
4. Which of the following rights is not provided by the Fifth Amendment?
b. States cannot seize private property without just compensation.
Fifth Amendment requires an indictment of a grand jury before a defendant is held for a capital
crime.
It precludes a person from being tried twice for the same crime.
It gives the defendant the right to refuse to incriminate him- or herself.
It requires the state to apply due process of law.
It forbids the state from taking a private partys property without compensation.
5. During a trial or deposition, expert witnesses should:
b. Bring notes and work papers to cite.
An expert witness should treat any deposition just like trial testimony, with the exception that the
setting is more relaxed. He or she must bring relevant documentations and notes to support her
answer.
6. During cross-examination, expert witnesses should:
d. Maintain the same positions taken during direct testimony.
A good expert witness comes into the courtroom prepared having anticipated and practiced
answering the oppositions challenges. Yet under cross-examination, he/she will want to appear
spontaneous and unrehearsed. The main thing is to maintain the same position taken during
testimony.
7. Fraud investigators can assist in a case in which of the following ways?
e. By a, b, and c.
Fraud investigators may assist with:
By preparing questions to ask opposing witnesses during depositions
By evaluating whether documents produced by the opposing side satisfy a production
request
By assisting in the preparation of a production request because of their knowledge of a
case
8. When deposing an expert witness, the opposing attorneys try to achieve all of the
following goals except:
c. Seeking admission of guilt.
The purpose of a deposition is to investigate the facts and issues about both the event that is the
subject of the lawsuit and the deponent's background. The process is also used to assess the
credibility and demeanor of the witness.
9. Having a civil trial before a criminal trial has which of the following benefits?
d. Both a and b.
More information is available after the civil trial:
Defendant may make admissions during civil trial can be used in criminal trail
Greater access to documents of the defendant.
10. Which of the following is not one of the common stages of a criminal case?
b. Filing a complaint.
A criminal case usually starts with a police arrest report. The prosecutor then decides what
criminal charges to file, if any. The case can then go to a grand jury for a criminal indictment or
to a preliminary hearing where a judge decides if there is enough evidence to proceed. There is
no need to file a complained because the plaintiff is the government.
11. In a civil trail, settlements may be negotiated:
a. At any time during the litigation.
The majority of legal claims filed in civil court do not reach the trial stage- most are resolved
earlier through a negotiated settlement among the parties.
12. Which of the following actions can fraud victims pursue after sufficient evidence is
obtained?
d. Two of the above.
Fraud victims may choose:
Prosecute in a criminal court.
Pursue civil litigation.
Take no action at all.
13. The Fourth Amendment requires that probable cause exist before a defendant is
arrested or searched. Which of the following levels of evidence is necessary to show
probable cause?
a. Less than certainty, but more that speculation or suspicion.
"Probable cause" generally refers to the requirement in criminal law that police have adequate
reason to arrest someone, conduct a search, or seize property relating to an alleged crime.

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