Forensic Accounting Chapter 3

Which of the following statements is true regarding witness lists? a. Their production does not require a discovery request. b. Their production requires a subpoena. c. Their production requires court approval. d. None of the above.

*a. Their production does not require a discovery request* *a. Correct. Parties to a civil lawsuit must produce a witness list as part of mandatory discovery.* b. Incorrect. Production of a witness list does not require a subpoena. c. Incorrect. Production of a witness list does not require court approval. d. Incorrect. Answer (a) is correct.

In federal lawsuits, ____________ can be pursued against a defendant a. Only related claims. b. Unrelated claims. c. Court designated claims. d. Discoverable claims

*b. Unrelated claims.* a. Incorrect. FRCP 18 allows unrelated claims in the same lawsuit (involving one plaintiff). *b. Correct. FRCP 18 allows unrelated claims in the same lawsuit (involving one plaintiff).* c. Incorrect. The FRCP do not only address court designated claims. d. Incorrect. There is no such thing as a discoverable claim.

If a federal arrest is made with a summons or warrant, _______ must be filed with the initial criminal complaint. a. An indictment. b. The information. c. An affidavit. d. None of the above.

*c. An affadavit* a. Incorrect. An indictment does not have to be filed to obtain a federal summons or warrant. b. Incorrect. An information does not have to be filed to obtain a federal summons or warrant. *c. Correct. An affidavit (providing information to support a finding of probable cause) must be filed to obtain a federal summons or warrant.* d. Incorrect. Answer (c) is the best answer.

Which of the following is not a major title in the Federal Rules of Civil Procedure? a. Trials. b. Pleadings and Motions. c. Evidence. d. All of the above are major titles in the federal rules of procedure.

*c. Evidence* a. Incorrect. Trials is a major title in the FRCP. b. Incorrect. Pleadings and Orders is a major title in the FRCP. *c. Correct. Evidence is not a major title in the FRCP.* d. Incorrect. Answers (a) and (b) are incorrect answers.

In federal courts, discovery requests may be directed to a. Only parties to the lawsuit. b. Only parties joined to the lawsuit, as approved by the court. c. Parties and nonparties to the lawsuit. d. None of the above.

*c. Parties and nonparties to the lawsuit* a. Incorrect. Certain types of discovery requests, such as a deposition, may be directed at nonparties. b. Incorrect. Discovery can be directed to parties and nonparties, without court approval. *c. Correct. The FRCP permit discovery to be directed to parties and nonparties.* d. Incorrect. Answer (c) is correct.

Which of the following may not be commanded by a subpoena? a. Testimony. b. The production of documents. c. Seizing of documents. d. All of the above may be commanded by a subpoena

*c. Seizing of documents* a. Incorrect. A subpoena may command a person to testify. b. Incorrect. A subpoena (duces tecum) may command one to produce documents. *c. Correct. A subpoena may not be used to seize documents.* d. Incorrect. Answer (c) is the best answer.

Which of the following is not the formal name of a major title in the Federal Rules of Civil Procedure? (Trials, Parties, Sentencing, Special Proceedings) a. Trial. b. Parties. c. Sentencing. d. Special proceedings.

*c. Sentencing* a. Incorrect. Trials is the name of a major title in the FRCP. b. Incorrect. Parties is the name of a major title in the FRCP. *c. Correct. Sentencing is not the name of a major title in the FRCP.* d. Incorrect. Special Proceedings is the name of a major title in the FRCP.

Which of the following is not one of the four major types of discovery tools? (Requests for admission, interrogatories, depositions) a. Requests for admissions. b. Interrogatories. c. Depositions. d. All of the above are major types of discovery tools.

*d. All of the above are major types of discovery tools.* a. Incorrect. Requests for admissions are one of the four major types of discovery tools. b. Incorrect. Interrogatories are one of the four major types of discovery tools. c. Incorrect. Depositions are one of the four major types of discovery tools. *d. Correct. Answers (a), (b), and (c) are correct.*

Which of the following is not required to be filed by a defendant in a civil lawsuit? a. An answer to the plaintiff's complaint. b. An admission or denial of every element of the plaintiff's complaint. c. Any affirmative defenses. d. All of the above are required

*d. All of the above are required* a. Incorrect. This is not the best answer because a defendant in a civil lawsuit must file an answer. b. Incorrect. This is not the best answer because a defendant is required by the FRCP to admit or deny every element of the plaintiff's complaint. c. Incorrect. This is not the best answer because the FRCP require the defendant to state any and all affirmative defenses in the answer. *d. Correct. Answers (a), (b), and (c) are correct*

Under the Federal Rules of Civil Procedure, a civil action in a federal court begins with the plaintiff filing a a. General writ. b. Prothonotary's writ. c. Summons. d. None of the above.

*d. None of the above* (Complaint) a. Incorrect. A civil action in a federal court begins with the plaintiff filing a complaint. b. Incorrect. A civil action in a federal court starts with the plaintiff filing a complaint. c. Incorrect. A civil action in a federal court starts with the plaintiff filing a complaint. *d. Correct. A civil action in a federal court starts with the plaintiff filing a complaint.*