The flashcards below were created by user
hsafcik8
on FreezingBlue Flashcards.
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Most Fraud cases are tried in federal courts
False
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State courts hear bankruptcy cases
False
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civil cases must consist of a jury of at least 6 jurors
True
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the prosecution usually prefers to present evidence at a grand jury beecause the accused does not have the right to hear the evicence
False
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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
True
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teh burden of proof necessary to prove a defendant guilty is a criminal trial is significantly greater than in a civil trial
True
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to be successful, the plaintiff in a civil case must prove his or her case beyond a reasonable doubt
False
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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
False
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an initial pleading or complaint generally includes an explanation of teh alleged violation and the monetary expenses or damages sourght
True
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an interrogatory is a series of written questions that specifically identifies information needed from the opposing party
True
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a request for confession asks the opposing party to admit designated facts relevent to litigation
False
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The parties in a civil case may negotiate a settlement during any stage of litigation
True
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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
True
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The federal courts will only hear cases that involve federal law, more than one state, or a federal statute
True
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the defendant can choose to have his or her case tried in either a state lower court r a state higher court
False
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an individual committing fraud can be prosecuted with criminally or civilly, but not both
False
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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
True
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to be convicted in a criminal case, the standard of evidence is:
b. beyond a reasonable doubt
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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)
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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)
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which of the following rights is not provided by the 5th amendment
d. Miranda rights must be read upon request
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during a trial or deposition, expert witnesses should:
c. answer questions convincingly, without hedging their answers
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durign cross-examination, expert witnesses should:
d. maintain the same positions taken during the direct testimony
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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)
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when deposing an expert witness, the opposing attorneys try to achieve all of the following goals except:
c. seeking admission of guilt
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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)
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which of the following is not one of teh common stages of a criminal case?
b. filing a complaint
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in a civil trial, settlements may be negotiated:
a. at any time during the litigation
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which of the following actions can fraud victims pursue after sufficient evidence is obtained
d. two of the above
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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
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