w Answers Test 2_ ACC-4800-001

ACC-4800 → Quizzes → Test 2

Test 2

Instructions:

Score for this quiz: 49 out of 50

Submitted Jun 12 at 6:06pm

This attempt took about 1 hour.

Question 1: 1 pts

If serving as a consultant to an attorney, a CPA may be an advocate.

0% of points

An expert witness must be impartial and cannot be an advocate for a client.

0% of points

An accounting expert may testify on a contingent fee basis.

100% of points

A civil trial may be a bench trial or a jury trial.

0% of points

None of the above.

0% of points

1 / 1

Question 2: 1 pts

Judges may say negative things about experts.

0% of points

Courts may reject expert witnesses under Daubert.

0% of points

Just saying you are a CPA should automatically qualify one as an expert.

100% of points

An expert should be careful not to state an opinion on law (as opposed to facts).

0% of points

None of the above.

0% of points

1 / 1

Question 3: 1 pts

Can the theory be or was the theory tested?

0% of points

Was the theory subject to peer review?

0% of points

There is general acceptance.

0% of points

Known or potential rate of error of the method.

0% of points

All of the above are Daubert factors.

100% of points

1 / 1

Question 4: 1 pts

Special knowledge.

0% of points

Special skills.

0% of points

Special training.

0% of points

Special education.

0% of points

All of the above are subject matter expertise.

100% of points

1 / 1

Which statement is false?


Which is not a Daubert factor?

Which would not be a subject matter expertise under Fed. Rul. 702 of Evidence?

Test 2: ACC-4800-001 https://uvu.instructure.com/courses/67279/quizzes/154075

1 of 11 6/15/2012 9:50 AM

Question 5: 1 pts

Yes.

0% of points

No.

0% of points

An old, green Ford.

100% of points

I don't know.

0% of points

All of above are appropriate answers.

0% of points

1 / 1

Question 6: 1 pts

Suggesting that you changed your answer at trial.

100% of points

A Daubert challenge.

0% of points

A Frye challenge.

0% of points

Spoliation.

0% of points

All of the above.

0% of points

1 / 1

Question 7: 1 pts

Compel numbers.

0% of points

Bates numbers.

100% of points

Tecum notes.

0% of points

ATG notes.

0% of points

None of the above.

0% of points

1 / 1

Question 8: 1 pts

Percipient.

0% of points

Hostile.

0% of points

Peripheral.

100% of points

Friendly.

0% of points

None of the above.

0% of points

1 / 1

Question 9: 1 pts

Must rely on assumptions.

0% of points

Are less highly educated than lawyers.

0% of points

Worry about the facts they do not know.

0% of points

What is not an appropriate answer to deposition questions?

What is meant by impeachment?

What are the page numbers called on evidence in the courtroom?

A witness who may be able to provide background information is a ____________ witness.

One of the weaknesses that experts have is that they ____________.


2 of 11 6/15/2012 9:50 AM

a, b, and c.

0% of points

a and c.

100% of points

1 / 1

Question 10: 1 pts

Direct.

100% of points

Circumstantial.

0% of points

Factual.

0% of points

Indiscriminate.

0% of points

None of the above.

0% of points

1 / 1

Question 11: 1 pts

Testimony of a lay witness.

0% of points

Testimony of an expert witness.

0% of points

A particular document.

0% of points

A computer.

0% of points

All of above are types of evidence.

100% of points

1 / 1

Question 12: 1 pts

Evidence does not have to prove an issue directly.

0% of points

Evidence of habit may be admissible.

0% of points

Evidence of liability insurance is admissible in federal court.

0% of points

Once it has been determined that a privilege applies, this information may be used in discovery.

100% of points

None of the above is false.

0% of points

1 / 1

Question 13: 1 pts

Physician/patient.

0% of points

Attorney/client.

0% of points

Attorney/litigation consultant.

0% of points

Attorney/expert witness.

100% of points

All of the above are privileged.

0% of points

1 / 1

Question 14: 1 pts

Examine it in advance.

Evidence that directly proves a fact at issue, without the need for any influence or presumption, is what kind of evidence?

Which would not be a type of evidence?


Which would not be considered privileged evidence?

Which answer makes the following statement false? If an expert reads a statement or document, opposing counsel may:


3 of 11 6/15/2012 9:50 AM

0% of points

Cross-examine in regard to it.

0% of points

Have it admitted into evidence.

0% of points

Subject it to redaction for prejudicial material.

0% of points

All of the above are true.

100% of points

1 / 1

Question 15: 1 pts

Criminal cases require a higher standard of proof.

0% of points

A person may qualify as an expert without formal training.

0% of points

An expert must testify from personal knowledge.

100% of points

Generally, non-expert witnesses are not permitted to give opinions.

0% of points

All of the above are true.

0% of points

0 / 1

Question 16: 1 pts

Calendar.

0% of points

Address book.

0% of points

A private letter.

0% of points

A photograph.

0% of points

None of the above.

100% of points

1 / 1

Question 17: 1 pts

Service of process.

0% of points

Answer.

0% of points

Demurrer.

0% of points

Complaint.

100% of points

None of the above.

0% of points

1 / 1

Question 18: 1 pts

Limine.

0% of points

Deposition.

100% of points

Remand.

0% of points

Dicta.

0% of points

Stare decisis.

0% of points


What would not be considered a document?

A pleading which is filed by the plaintiff describes which of the following?

A written statement of a witness under oath, often in a question/answer format is a ____________.


4 of 11 6/15/2012 9:50 AM

1 / 1

Question 19: 1 pts

Discovery.

0% of points

Pleadings.

0% of points

Outcome.

0% of points

Cross examination.

100% of points

Trial.

0% of points

1 / 1

Question 20: 1 pts

Attorney-client.

0% of points

Expert witness-client.

100% of points

Physician-patient.

0% of points

Husband-wife.

0% of points

Clergyman-parishioner.

0% of points

1 / 1

Question 21: 1 pts

Good and bad.

0% of points

Tort and breach of contract.

100% of points

High and low.

0% of points

Short-term damages and long-term damages.

0% of points

Restitution and reliability.

0% of points

1 / 1

Question 22: 1 pts

Discovery phase of the case.

100% of points

Trial stage of the case.

0% of points

Initial pleadings in the case.

0% of points

Closing arguments in the case.

0% of points

1 / 1

Question 23: 1 pts

Is given under oath.

0% of points

Requires both direct testimony and cross-examination testimony.

0% of points

Is taken during the discovery period of the case.

0% of points

Is given in lieu of trial testimony.

Which of these is not one of the five major phrases of litigation?

Which of these does not have privilege?

The two types of harm that are the focus of damage cases are:

Deposition testimony occurs during the:

Deposition testimony:


5 of 11 6/15/2012 9:50 AM

0% of points

Both a and c.

100% of points

1 / 1

Question 24: 1 pts

Education and professional background.

0% of points

Expertise in this type of case.

0% of points

Models or methodologies used in the case.

0% of points

Data sources used in the case.

0% of points

All of the above are correct.

100% of points

1 / 1

Question 25: 1 pts

Everything the witness says is taken down and recorded.

0% of points

The testimony is given under oath.

0% of points

All the questions are asked by an opposing attorney.

0% of points

All of the above.

100% of points

None of the above.

0% of points

1 / 1

Question 26: 1 pts

There was no liability, only damages.

0% of points

The plaintiff in the case should be placed in a position economically equivalent to that absent the harm from the tort.

100% of points

All relevant costs resulting from the breach of contract should be included.

0% of points

Only the incremental revenues resulting from the tort should be included.

0% of points

None of the above.

0% of points

1 / 1

Question 27: 1 pts

"Out-of-pocket" and "reasonable certainty."

0% of points

"Benefit-of-the-bargain" and "reliance."

0% of points

"Benefit-of-the-bargain" and "lost profits."

0% of points

"Out-of-pocket" and "benefit-of-the-bargain."

100% of points

None of the above.

0% of points

1 / 1

Question 28: 1 pts

Company-specific analysis.

0% of points

During cross-examination testimony, the opposing attorney may try to discredit the expert witness by questioning his or her:

During a deposition:

In tort cases, damages are determined based on the concept that:

Two major theories of damages are:

Typically the first step in the economic framework of estimating damages is:


6 of 11 6/15/2012 9:50 AM

Industry analysis.

0% of points

Financial analysis conclusions.

0% of points

Macroeconomic analysis.

100% of points

None of the above.

0% of points

1 / 1

Question 29: 1 pts

The opposing attorney’s questioning of the expert’s credentials, knowledge, or experience in relation to the case.

100% of points

A legal brief filed during discovery to discredit an opposing expert’s education.

0% of points

A process of discrediting an opposing expert witness that is no longer used since the use of the Daubert challenge.

0% of points

A process of discrediting an opposing expert witness that is used in federal court but not in state courts.

0% of points

1 / 1

Question 30: 1 pts

Proximate cause: there was no evidence that showed the national firm directly caused any damages to the regional firm.

0% of points

Reasonable certainty: It is not reasonably certain that the plaintiff would have earned the claimed profit if the contract had not been breached.

100% of points

Foreseeability: A prudent person would be able to look into the future and see that the offending party would damage the other party.

0% of points

All three of the above issues must have been present to achieve the stated result.

0% of points

1 / 1

Question 31: 1 pts

Hold down company profits.

0% of points

Put nasty executives in jail.

0% of points

Eliminate anti-competitive practices.

100% of points

All of the above.

0% of points

1 / 1

Question 32: 1 pts

Sold its products or services below total cost.

0% of points

Ever incurred a loss during the period of time covered by the case.

0% of points

Engaged in any illegal activites.

0% of points

Sold its products or services below its average variable costs.

100% of points

None of the above is correct.

0% of points

1 / 1

Question 33: 1 pts

A Voir Dire challenge to an expert witness’s testimony refers to:

A regional package delivery company that was marginally profitable entered into a three-year contract with a national airline delivery service to make all local

package deliveries within their regional area. After six months, the national firm unilaterally decided to end the contract. The regional package delivery firm

sued the national firm claiming significant lost profits. The court found the national firm liable under the contract but awarded no damages to the plaintiff. The

legal framework used by the court most likely was that there was no:

Antitrust laws were enacted to:

When evaluating whether or not a company engaged in predatory pricing, the forensic accountant must determine if the company:

As a general rule it can be stated that:


7 of 11 6/15/2012 9:50 AM

Association and causation are two terms that mean the same thing as regression-correlation analysis.

0% of points

Correlation shows association but does not prove causation.

100% of points

Regression analysis shows causation and correlation analysis proves causation.

0% of points

All of the above are correct.

0% of points

1 / 1

Question 34: 1 pts

Was first enacted during the Civil War.

0% of points

Is an extension of federal antitrust laws.

0% of points

Requires whistle-blowers to make it work.

0% of points

Establishes special measures of fraud for use in cases involving contracts with the federal government.

100% of points

1 / 1

Question 35: 1 pts

Regression-correlation method.

0% of points

High-low method.

100% of points

Scatter-diagram method.

0% of points

By gut and by golly method.

0% of points

1 / 1

Question 36: 1 pts

Make lots of money.

0% of points

Are the first to bring suit in the case on behalf of the government.

100% of points

Act as their own attorney in the case.

0% of points

Are viewed as disgruntled employees.

0% of points

None of the above.

0% of points

1 / 1

Question 37: 1 pts

Y = 28,086 + .911X

The Federal Fraudulent Claims Act:

A simple but potentially useful method of estimating cost behavior is the:

In Federal False Claims Act (FFCA) cases, whistleblowers typically:

Ogan Company has been tracking certain marketing costs and sales data. Using a randomly selected sample of 12 months, the company ran the following

regression using marketing travel costs as the independent variable and sale revenue as the dependent variable. The results of the regression are as

follows:

REGRESSION ANALYSIS

DEPENDENT VARIABLE: Sales Dollars

VAR. REGRESSION COEFFICIENT

Travel Costs 41.96

CONSTANT 28,086

STD. ERROR OF THE ESTIMATE = 33,620

r = .911

r squared = .829

Using the information above, the correct regression line equation is (with Y equal to sales dollars and X equal to the amount spent on marketing travel cost):


8 of 11 6/15/2012 9:50 AM

0% of points

Y = 41.96 + 28, 086X

0% of points

Y= 28,086 + .829X

0% of points

Y = 28,086 + 41.96X

100% of points

1 / 1

Question 38: 1 pts

Sales (Y) = 28,086 + 41.96(40,000)

100% of points

Sales (Y) = 28,086 + .829(40,000)

0% of points

Sales (Y) = 41.96 + 28,086(40,000)

0% of points

Sales (y) = 40,000 + 41.96X

0% of points

None of the above

0% of points

1 / 1

Question 39: 1 pts

copyrights.

0% of points

patents.

0% of points

board of director minutes.

100% of points

trademarks.

0% of points

all of the above are intellectual property.

0% of points

1 / 1

Question 40: 1 pts

20 years.

0% of points

70 years.

0% of points

An author’s natural life.

0% of points

An author’s natural life plus 70 years.

100% of points

None of the answers above is correct.

0% of points

1 / 1

Question 41: 1 pts

Determined by the circumstances of the case and the time period during which the victim is affected by the injury.

100% of points

Fixed by statutory law.

0% of points

Covered by the contract.

0% of points

Provided by various government publications.

0% of points

1 / 1

Question 42: 1 pts

Using the facts in question 86, if the company is planning on spending $40,000 on travel expense next month, the expected level of sales would be

expressed as:

All of the following would be considered “intellectual property” except

Copyrights for an individual who created and published an original work last for:

In a personal injury case, the time period covered by the damage period is typically:


9 of 11 6/15/2012 9:50 AM

Make as reliable an estimate of the victim's injuries as possible so that the damage estimates will be as accurate as possible.

0% of points

Ignore the extent of injuries of the victim and concentrate on financial issues.

0% of points

Rely on the expertise of others such as doctors so that the financial expert can incorporate that information into the damage model.

100% of points

Wait until the extent of the victim's injuries can be determined completely so that the case can proceed.

0% of points

1 / 1

Question 43: 1 pts

Use the information provided in consultation with the attorney to arrive at the most accurate damage estimate possible.

100% of points

Make his or her own assessment of the degree of injury because the financial expert's reputation is at stake in rendering an opinion in the case.

0% of points

Prepare a wide range of possible damage estimates to take into account the many different views of the extent of the injuries to the victim.

0% of points

Ignore any information on the extent of the victim's injuries and just stick to the financial issues in the case.

0% of points

1 / 1

Question 44: 1 pts

It will not be possible to include any wage growth rate into the damage calculations because the employee was not on the job long enough to develop a wage growth rate

record.

0% of points

The financial expert can use an appropriate wage growth rate amount that can be found in statistics provided by the United States Department of Labor, Bureau of Labor

Statistics.

100% of points

The discount rate the expert uses to discount the annual damage amounts will automatically adjust for wage growth rates.

0% of points

Wage growth rates are never used in job-related accident cases.

0% of points

1 / 1

Question 45: 1 pts

The right of free trade.

0% of points

Proper rules of evidence.

0% of points

Wage growth rates.

0% of points

The time value of money.

100% of points

1 / 1

Question 46: 1 pts

It is required by law.

0% of points

There can never be any errors in tax returns.

0% of points

Tax returns include a significant amount of financial data about a person or some other entity for a specified time period, and tax returns are signed documents filed with

an agency of the federal government.

100% of points

There are no other reliable sources of financial information in personal damages cases.

0% of points

1 / 1

Question 47: 1 pts

A financial expert witness must determine information about the degree of injury in personal injury cases. Therefore, financial experts must:

Doctors and occupational therapists are often called upon in determining the degree of injury or disability in a personal injury case. In such instances, the financial expert

witness should:

An employee is seriously injured in a job-related accident. The employee has only been on the job 15 months before the accident occurred. Based on this information:

The need to discount to their present value the calculated stream of damage amounts over a period of years covered by the damage period satisfies the concept of:

One reason for using a litigant's tax returns in preparing an expert's damage report is that:

The present value of the damages in a wrongful death case:


10 of 11 6/15/2012 9:50 AM

Will always be less than the total value of the damages.

100% of points

Will always be more than the total value of the damages.

0% of points

Can be more or less than the total value of the damages, depending upon the discount rate selected by the expert.

0% of points

Are always the same as the total value of the damages.

0% of points

1 / 1

Question 48: 1 pts

The value of lost household services would never be a part of the economic damages in a wrongful death suit but they typically would be part of the damages in a

disability case.

0% of points

In a wrongful death suit, there are usually criminal charges that must be considered.

0% of points

There are no differences between damage calculations in these two types of cases.

0% of points

In a wrongful death case, there is no need to determine the extent of the disability in computing wage-related damages or the value of lost household services, but such

an assessment is necessary in a disability case.

100% of points

1 / 1

Question 49: 1 pts

The extent of the plaintiff's injuries in the case.

0% of points

The probable medical treatments that the plaintiff will require in the future.

0% of points

The probable causes of the injuries sustained by the plaintiff.

0% of points

The probable costs of the medical treatments for the plaintiff that medical experts have testified to in the case.

100% of points

All of the above.

0% of points

1 / 1

Question 50: 1 pts

The victim's stated time to expected retirement.

0% of points

Age 65.

0% of points

The victim's expected worklife.

100% of points

Age 62.

0% of points

None of the above.

0% of points

1 / 1

Quiz Score: 49 out of 50

A primary difference in the calculation of economic damages between a job-related disability case and a wrongful death case is that:

As a financial expert witness in a personal injury case, the financial expert will typically testify about:

If a person is totally disabled in a job-related accident, the time period used in the analysis of lost wages is:


11 of 11 6/15/2012 9:50 AM

w Answers Test 2_ ACC-4800-001

Documents

Transcript of w Answers Test 2_ ACC-4800-001