questions 10 to 17 please
Per the Fraud Examiners Manual, what is “common law”? A. Statutes passed by the federal or state legislatures. B. Rules governing pleadings, evidence, jurisdiction, and so on. C. Laws comprised of the basic laws of rights and duties (contract law, tort law, criminal law, etc.) D. Laws consisting of usages and customs of a society as interpreted by the judiciary; it often is referred to as “judge-made” law. Which of the following is true? A. Criminal law is statutory, while civil actions can be based on either statutory or common law. B. Criminal law can be based on either statutory or common law, while civil actions are statutory. C. Criminal law and civil actions can be based on either statutory or common law. D. Criminal law is based on constitutional law, while civil actions are based statutory law. Which of the following is false? Common law is based upon “precedent” established by previously decided cases stretching back hundreds of years in U.S. and English courts. B. Common law is based on statutes passed by the legislatures. C. Fraud examiners preparing criminal cases must be familiar with the technical elements of applicable statutes. D. Civil cases brought under the common law usually contain fewer technical elements than criminal cases and incorporate traditional principles of fairness and morality. Which of the following best describes a “bench trial”? A. A bench trial occurs when the jury finds the facts, and the judge applies the law, rules on evidence and generally moderates the proceeding to ensure a fair trial. B. A bench trial occurs after the trial court enters its decision and one of the parties files an appeal with a higher court. C. A bench trial occurs when a jury is waived, and the judge decides both the facts and the law. D. A bench trial occurs when the judge overrules the decision reached by the jury. Per the Fraud Examiners Manual, which of the following is not a key difference between criminal and civil actions for fraud? A. Who files the suit. The government acting through the prosecutor’s office brings criminal actions for fraud. Private individuals or organization, usually without the involvement or permission of the government or court, may bring civil actions. B. Who investigates the cases. C. Who has the burden of proof. D. All of the above are key differences between criminal and civil actions. Per the Fraud Examiners Manual, which of the following would not be one of the three principal civil remedies. A. Imprisonment. B. Monetary (damages: including compensatory damages, restitutionary damages and punitive damages). C. Declaratory (where the court states or declares the rights of the parities.) D. Equitable remedy, such as when the court issues an injunction (a court order by which a party is required to perform, or is restrained from performing a specific act). Per the Fraud Examiners Manual, what makes it more difficult to impose criminal ability on directors and officers? A. Criminal law requires proof the directors and officers attempted to conceal their crime. B. Criminal law imposes mens rea (i.e., intent) requirements C. Criminal law requires damages to be measurable D. Prosecution of directors and officers requires expertise in technical accounting matters. Which of the following best describes official bribery? A. Giving a thing of value with the intent to influence a business decision. B. Giving or receiving a thing of value that has corruptly influenced an official act. C. Giving or receiving a thing of value with the intent to corruptly influence a business decision. D. D. Giving or receiving a thing of value with the intent to corruptly influence a official act.