Legal environment-final exam Flashcards

The following are grounds that expert testimony may not met regarding
the reliability requirement for admission into evidence:

a. Expert testimony not needed
b. Based on speculative or incomplete data
c. Questionable theories


All of the following are types of damages that are recoverable as the
Benefit of the Bargain except:

a. Lost Profits
b. Lost Value
c. Lost Cash Flow
d.Speculative damage to future intangible assets

The following are reasons you should not search a computer seized as
evidence yourself:

a. Starting Windows alters hundreds of files, overwrites erased files
b. Electronic evidence is extremely fragile, and is easily altered
and/or destroyed
c. Forensic examiners make a bit-stream sector by sector copy first,
which doesn't destroy original evidence.


The following statement is NOT true of a civil pleading:

c. Pleadings contain ALL FACTS relating to the party's claim or
defense including the means of proving those facts.

Which of the following is a type of search warrant?

b. Frooooehhhts of the Dehhhviihhlll or Contraband

The Privacy Protection Act prohibits government officials from
searching or seizing any work product or documentary materials:

c. held by a person reasonably believe to have a purpose to
disseminate to the public a newspaper, book, broadcast, or other
similar form of public communication unless there is probable cause to
believe the publisher is involved in the criminal activity.

Which of the following items would be the best tool to use when
attempting to bind the opposing party to a set of facts?

a. Requests for Admissions

When stating that a search warrant's level of proof is "probable
cause," which of the following is NOT true:

c. This means that the officer must show probable cause to believe
that evidence of a crime exists

When would it be prudent to engage a business valuation analyst?

a. Once it is determined that losses of a future business or business
line are reasonably certain

Which one of the following is NOT a remedy if the police fail to
follow the proper procedures in gathering evidence?

b. Expulsion: The officer will be excluded from testifying in court
on any matters

Which one of the following is NOT a statutorily created right to privacy?

a. Right to be free from unreasonable search and seizure

All of the following conditions must be present before an officer is
required to give a Miranda warning to a suspect, EXCEPT

b. Subject is handcuffed

Which one of the following crimes does NOT require the defendant's
intent to line up in time with when the defendant took possession of
the property, proceeds or value?

b. Misapplication of Fiduciary Funds.

The following level of proof is required for the Grand Jury to indict
someone for a crime:

b. Probable cause

Under 18 USC 2701, a rookie law enforcement officer who was acting in
good faith reliance on a warrant that is not valid, has obtained the
content of emails located in electronic storage belonging to a suspect
without that suspect's consent by using the suspect's password in
violation of ECPA is subject to all of the following EXCEPT:

d. Exclusion of the evidence in a Federal Trial

What is the proper interest rate for calculating pre-judgement
interest in a civil trial?

d. Defendant's cost of unsecured borrowing

All of the following would meet the definition of a "financial
institution" in BOTH the Fraud section of the Texas Penal Code
and 18 USC EXCEPT:

d. Hedge fund

Which of the following is NOT true of Justice of the Peace courts in Texas?

a. The judge need not be an attorney
b. The justice court is not a court of record
c. the justice court has criminal jurisdiction over fine only offenses
d. The justice court has civil jurisdiction up to $10,000

e. None of the above (ALL OF THE ABOVE ARE TRUE)

Short Answer:
Describe the steps of seizing money from a bank

1. Money laundering Notice
2. Obtain Search Warrant
3. Service Search Warrant
4. Cashiers Check

What is the legal process needed for law enforcement to obtain the
content of emails stored on a suspect's computer?

c. Consent or Search Warrant

Which of the following is not a category of Fraudulent Financial Reporting?

b. Off-Balance Sheet Transactions

What is the legal process needed for law enforcement to obtain the
content of current emails stored in the suspect's email account
stored on Yahoo's server?

c. Consent or Search Warrant

What is the definition of "forensic"?

c. Relating to, used in, or appropriate for courts of law

What of the following is not an element of a
forensic financial investigation/expert report?

c. Conclusion of the best court to proceed in

In business valuations, which of the following approaches would be
BEST used for a new business (ABC) that has no history of its own, but
would have been managed by an experienced manager in its particular
industry. In addition, ABC would be in a well-established industry.
ABC has no assets, either tangible or intangible. The projected
revenue stream of ABC is not constant, but cyclical, and the timing of
the cycles difficult to predict with certainty. There are numerous
businesses in this industry, which are similar in projected size and
market that are publicy traded.

b. Market Approach

Short Answer:
What mathematical method is used to determine the amount of
illicit funds remaining in a comingled account?

Low Water Mark

Which of the following is true of the investigation report?

a. It is made as the investigation is ongoing
b. It must be kept up during the investigation
c. It should be updated each time the analyst/investigator works
on the case
d. It logs what steps were taken, what interviews were done,
evidence collection


All of the following are considerations in determining if a third
party may consent for law enforcement to search an item EXCEPT:

b. Password Protection

Short Answer:
What is the most common civil legal theory available to an injured
party harmed by the second party who fails to perform under a valid contract?

Breach of Contract

All of the following are questions an officer must answer prior to
obtaining a search warrant, EXCEPT?

b. Did I state that the suspect owns the place and the
evidence I'm seeking?

The following requirement must be met to have a validly executed
evidentiary search warrant EXCEPT:

a. Must be issued in the name of the State of Texas
b. Must be issued to any peace officer
c. must be signed by a judge who is a lawyer in a court of record

d. ALL of the above are true of an evidentiary search warrant

What is staleness as it related to probable cause in a search warrant?

c. Staleness related to the distance between the date the probable
cause is developed and the date the warrant is presented to the magistrate.

What is a formal statement served by each party to a lawsuit to one
another containing their respective positions, allegations and claims?

c. Pleadings

Which of the following lists of proceedings is in the proper order in
a civil trial?

b. Discovery, Trial, Outcome

The following are the steps in maintaining the chain of custody of an
item, EXCEPT:

a. Fingerprint each item

Written Questions to opposing party


Written requests for classes of documents in the opposing party's possession

Request for Production of Documents

Written requests for the opposing party to admit facts

Request for Admissions

Court order for production of documents or personal appearance at
court proceedings


Describe the difference between Benefit of the Bargain and Out of
Pocket methods of calculating Civil Damages:

Out of Pocket - Money paid out
Benefit of the Bargain- The financial benefit if the bargain has
been successful

Under the Texas Penal code offense of Misapplication of Fiduciary
Property, which of the following would be considered a fiduciary:

c. The child of an elderly individual,who has been given a power of
attorney to manage the financial affairs of the elderly individual

The current statute of limitations on the Texas crime of
Misapplication of Fiduciary Property is ____ years


All of the following crimes require a writing or written document as
an element of the offense EXCEPT:

c. Misapplication of Fiduciary Property by substantial risk of loss

The following statement would not violate the Texas Penal Code
Section of False Statement to Obtain Property of Credit EXCEPT:

a. Mitch, who is a hair dresser earning $35,000 per year, applies for
a mortgage. Because he is in negotiations to purchase the salon he
works in, he states on the mortgage application that he is a salon
owner earning approximately $75,000 per year. This is an accurate
estimate of Mitch's earnings should the deal go through. It is 99%
certain that the deal will close prior to his moving into his new home.

Each of the following is a legal source of harm giving rise to civil
liability EXCEPT:

a. Torts

Fraudulent Concealment of Material Information


Failure to perform on a services contract

Breach of Contract

Trademark Infringement

Statutory Breach

All of the following would be a violation of the Texas Deceptive
Trade Practices Act EXCEPT:

b. Selling a fake Coach purse and telling the customer that it is a "replica.

What is the standard of proof require for Criminal Loss and Civil Damages:

d. Beyond a Reasonable Doubt and Clear and Preponderance of the Evidence

Which of the following types of damages can be recovered on a
voidable contract, assuming this is the only cause of action won by
the plaintiff?

b. Out of Pocket only

The following are basic elements of a civil fraud cause of action EXCEPT:

c. Motive

Each of the following is the proper loss amount for determining the
level of theft under the Texas statute if the fair market value of the
property, document or service stolen is not attainable EXCEPT:

d. Replacement Cost for property

Each of the following is part of addressing a suspect's hopes during
an interview EXCEPT:

e. Give the suspect a rationalization in order to make it easier for
the suspect to admit wrongdoing

Which of the following costs may be included in the value of harm
under the Texas Breach of Computer Security Statute EXCEPT:

d. Legal fees to sue a rival company who is using a customer database
obtained through breaching your computer network

Short Answer:
What are the top 3 reasons people confess:

1. Believe they are already caught
2. Want to justify and mitigate
3. Relieve the Guilty Feeling

When testing for submission, which of the following is a statement
the interviewer might ask?

d. Chris Criminal, what's the most you took in one day? It wasn't
$20,000 was it?

Short answer:
Name two differences between the Texas crimes Securing Execution of
a Document by Deception and False Statement to Obtain Property or Credit:

1. Securing requires the property to change hands, False Statement
does not.
2. The Writing in securing is on the back end and the writing in
false statement is on the front end

A warrant, under section 18.02 of the Texas Code of Criminal
Procedure may be issued for the following items, EXCEPT:

a. Personal Writings
b. Evidence
c. Prohibited Weapons
d. Gambling Paraphernalia

The following are the steps in maintaining the chain of custody of an
item, EXCEPT:

a. Fingerprint each item
b. Record the serial and model number
c. Where it was located and who found it
d. Assign an evidence number