Test 2: ACC-4800-001

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ACC-4800

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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 Which statement is false? 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 Which statement is false? 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 Which is not a Daubert factor? 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 Which would not be a subject matter expertise under Fed. Rul. 702 of Evidence? 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

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Question 5: 1 pts What is not an appropriate answer to deposition questions? 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 What is meant by impeachment? 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 What are the page numbers called on evidence in the courtroom? 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 A witness who may be able to provide background information is a ____________ witness. 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 One of the weaknesses that experts have is that they ____________. 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

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a, b, and c. 0% of points a and c. 100% of points 1/1 Question 10: 1 pts Evidence that directly proves a fact at issue, without the need for any influence or presumption, is what kind of evidence? 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 Which would not be a type of evidence? 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 Which statement is false? 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 Which would not be considered privileged evidence? 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 Which answer makes the following statement false? If an expert reads a statement or document, opposing counsel may: Examine it in advance.

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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 Which statement is false? 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 What would not be considered a document? 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 A pleading which is filed by the plaintiff describes which of the following? 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 A written statement of a witness under oath, often in a question/answer format is a ____________. Limine. 0% of points Deposition. 100% of points Remand. 0% of points Dicta. 0% of points Stare decisis. 0% of points

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1/1 Question 19: 1 pts Which of these is not one of the five major phrases of litigation? 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 Which of these does not have privilege? 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 The two types of harm that are the focus of damage cases are: 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 Deposition testimony occurs during the: 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 Deposition testimony: 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.

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0% of points Both a and c. 100% of points 1/1 Question 24: 1 pts During cross-examination testimony, the opposing attorney may try to discredit the expert witness by questioning his or her: 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 During a deposition: 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 In tort cases, damages are determined based on the concept that: 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 Two major theories of damages are: "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 Typically the first step in the economic framework of estimating damages is: Company-specific analysis. 0% of points

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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

A Voir Dire challenge to an expert witnesss testimony refers to:

The opposing attorneys questioning of the experts credentials, knowledge, or experience in relation to the case. 100% of points A legal brief filed during discovery to discredit an opposing experts 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

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:
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 Antitrust laws were enacted to: 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 When evaluating whether or not a company engaged in predatory pricing, the forensic accountant must determine if the company: 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 As a general rule it can be stated that:

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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 The Federal Fraudulent Claims Act: 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 A simple but potentially useful method of estimating cost behavior is the: 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 In Federal False Claims Act (FFCA) cases, whistleblowers typically: 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

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):
Y = 28,086 + .911X

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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

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:
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 All of the following would be considered intellectual property except 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

Copyrights for an individual who created and published an original work last for:
20 years. 0% of points 70 years. 0% of points An authors natural life. 0% of points An authors natural life plus 70 years. 100% of points None of the answers above is correct. 0% of points 1/1 Question 41: 1 pts In a personal injury case, the time period covered by the damage period is typically: 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

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A financial expert witness must determine information about the degree of injury in personal injury cases. Therefore, financial experts must: 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 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: 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 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: 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 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: 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 One reason for using a litigant's tax returns in preparing an expert's damage report is that: 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 The present value of the damages in a wrongful death case:

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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 A primary difference in the calculation of economic damages between a job-related disability case and a wrongful death case is that: 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 As a financial expert witness in a personal injury case, the financial expert will typically testify about: 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 If a person is totally disabled in a job-related accident, the time period used in the analysis of lost wages is: 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

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