MGMT 642 Chapter 18

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MGMT 642 Chapter 18
2010-12-10 15:37:33


642 - 18
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  1. Most Fraud cases are tried in federal courts
  2. State courts hear bankruptcy cases
  3. civil cases must consist of a jury of at least 6 jurors
  4. the prosecution usually prefers to present evidence at a grand jury beecause the accused does not have the right to hear the evicence
  5. if, during preliminary hearing, sufficient evidence is not avaiable to show probable cause, the defendant can still be prosecuted at a later time when more evidence is avaiable
  6. teh burden of proof necessary to prove a defendant guilty is a criminal trial is significantly greater than in a civil trial
  7. to be successful, the plaintiff in a civil case must prove his or her case beyond a reasonable doubt
  8. investigation is the legal process by which each party's attorneys try to find all of the information about the other's side of teh case before the trial begings
  9. an initial pleading or complaint generally includes an explanation of teh alleged violation and the monetary expenses or damages sourght
  10. an interrogatory is a series of written questions that specifically identifies information needed from the opposing party
  11. a request for confession asks the opposing party to admit designated facts relevent to litigation
  12. The parties in a civil case may negotiate a settlement during any stage of litigation
  13. if responses to interrogatories are not given in a timely fashion, the court may charge fees and costs to a noncomplying party and issue an order demanding that all questions be answered
  14. The federal courts will only hear cases that involve federal law, more than one state, or a federal statute
  15. the defendant can choose to have his or her case tried in either a state lower court r a state higher court
  16. an individual committing fraud can be prosecuted with criminally or civilly, but not both
  17. a deposition is a testimony taken before the trial begins in a situation that is usually less formal than a courtroom, but in which the court rules and regulations still apply
  18. to be convicted in a criminal case, the standard of evidence is:
    b. beyond a reasonable doubt
  19. most court cases are decided in state courts, except when:
    d. both a and b are correct (federal laws are in question, the case involves several states)
  20. what is/are the distinguishing factor(s) between the lower and higher state trial courts
    d. both a and b (amount of monetary damage, seriousness of the crime)
  21. which of the following rights is not provided by the 5th amendment
    d. Miranda rights must be read upon request
  22. during a trial or deposition, expert witnesses should:
    c. answer questions convincingly, without hedging their answers
  23. durign cross-examination, expert witnesses should:
    d. maintain the same positions taken during the direct testimony
  24. fraud investigators can assist in a case in which of teh following ways?
    e. a, b, and c (preparing Q's to ask other side, evaluating documents, and assisting in the prep of production request)
  25. when deposing an expert witness, the opposing attorneys try to achieve all of the following goals except:
    c. seeking admission of guilt
  26. having a civil trial before a criminal trial has which of the following benefits?
    d. both a and b (defendant may make admissions that can be used in the criminal trial, greater access to docs of the defendant)
  27. which of the following is not one of teh common stages of a criminal case?
    b. filing a complaint
  28. in a civil trial, settlements may be negotiated:
    a. at any time during the litigation
  29. which of the following actions can fraud victims pursue after sufficient evidence is obtained
    d. two of the above
  30. the 4 th 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 than speculation or suspicion