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1)What exactly constitutes an expert is really in the eye of the beholder

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1)What exactly constitutes an expert is really in the eye of the beholder. Just about anybody could qualify as an accounting expert depending on which judge makes the evaluation.

 

a. True

b. False

 

 

2. The United States Supreme Court in the Daubert case characterized the role the court plays in accepting expert witnesses as that of a "gatekeeper."

 

a. True

b. False

 

 

3. Potential expert witnesses need not concern themselves about a Daubert challenge. That is really something that is dealt with by attorneys and the judge in a case.

 

a. True

b. False

 

 

4. Voir dire challenges by an attorney in a case address the competence of the other attorneys in the case.

 

a. True

b. False

 

 

5. Two types of harm that occur in litigations are torts and breach of contract.

 

a. True

b. False

 

 

6. In many cases, accountants are uniquely able to address important financial issues that bear on the measurement of damages in the case.

 

a. True

b. False

 

 

7. The two main types of damages are restitution and revenge.

 

a. True

b. False

 

 

8. There are several approaches to computing damages. One is called the benefit-of-the-bargain approach or the expectations approach.

 

a. True

b. False

 

 

9. In a damage analysis, the macroeconomic analysis is the highest level overall analysis of the damage situation.

 

a. True

b. False

 

 

10. The forensic accountant would typically perform a company-specific analysis before he or she would perform an industry analysis of the damages situation.

 

a. True

b. False

 

 

11. The accounting expert with the best damage estimate analysis will win the case almost all of the time.

 

a. True

b. False

 

 

12. $200,000 in lost sales on a contract for a firm with a 40% gross margin would result in damages of $80,000 in lost profits.

 

a. True

b. False

 

 

13. The court holds XYZ Company liable for breach of a $400,000 construction contract with ABC Company. ABC had to find another contractor who constructed the same project for ABC at a cost of $450,000. ABC's damages on the construction contract were $50,000.

 

a. True

b. False

 

 

14. If the M&N company can show that it had to pay $150,000 more for lumber than it had expected to pay under a purchase agreement with the CCC Company, but the court does not find the CCC Company liable under the contract, then there can be no damages in the case.

 

a. True

b. False

 

 

15. In some cases, damages may include expected lost future sales that result from lower product quality caused by faulty raw materials from a supplier.

 

a. True

b. False

 

 

16. Deposition testimony is given in front of a jury and can be very scary.

 

a. True

b. False

 

 

17. Mixed costs include both a fixed component and a variable component.

 

a. True

b. False

 

 

18. Fixed costs are costs that never change.

 

a. True

b. False

 

 

19. If a cost changes from one period to another, it is called a variable cost.

 

a. True

b. False

 

 

20. The most powerful cost behavior analysis tool is regression-correlation analysis.

 

a. True

b. False

 

 

21. Deposition testimony may or may not be given under oath depending upon in which state the deposition is given.

 

a. True

b. False

 

 

22. Some depositions are video recorded.

 

a. True

b. False

 

 

23. In federal court cases, all depositions are taken under oath.

 

a. True

b. False

 

 

24. All depositions are given under oath.

 

a. True

b. False

 

 

25. Unlike depositions, trial testimony involves answering questions only from attorneys on your side in the case.

 

a. True

b. False

 

 

26. Daubert factors relate to minimum qualifications that attorneys must meet in federal cases.

 

a. True

b. False

 

 

27. Two components of Daubert requirements are (1) has the method or approach been peer reviewed or published and (2) does the theory or technique enjoy a general acceptance.

 

a. True

b. False

 

 

28. In order to win damages in a case, generally the plaintiff must prove liability and insurance.

 

a. True

b. False

 

 

29. In order to win damages in a case, generally the plaintiff must prove liability and that liability resulted in damages.

 

a. True

b. False

 

 

30. In tort cases, damages are determined based on the concept that the plaintiff in the case should be placed in a position economically equivalent to that absent the harm from the tort.

 

a. True

b. False

 

 

31. Two major theories of damage calculations are the "out-of-pocket" approach and the "reasonable certainty" approach.

 

a. True

b. False

 

 

32. Using the "out-of-pocket" approach, damages include not only the money invested but also other expenses such as increased costs.

 

a. True

b. False

 

 

33. Using the "benefit-of-the-bargain" approach, damages include not only the money invested but also other expenses such as increased costs.

 

a. True

b. False

 

 

34. State law is a primary determinant of the damage model used in a case.

 

a. True

b. False

 

 

35. A limiting factor in using the "lost profits method" of damage models is that the company in the case must not have any company profits to use the method in the case.

 

a. True

b. False

 

 

36. The two types of harm in a case are breach of contract and lost profits.

 

a. True

b. False

 

 

37. Two types of harm in a case are breach of contract and torts.

 

a. True

b. False

 

 

38. Most accounting damage estimates in cases are based largely on historical accounting data.

 

a. True

b. False

 

 

39. "Tort" and "breach of contract" are two terms for the same thing.

 

a. True

b. False

 

 

40. A typical damage estimation of damages would start with a company-specific analysis.

 

a. True

b. False

 

 

41. Courts are expected to provide an important "gatekeeper" function in determining who may provide expert advice to the court. The United States Supreme Court case that gave rise to this function is the:

 

a. Enron case.

b. Daubert case.

c. WorldCom case.

d. All of the above.

 

 

42. Under Daubert, attorneys may challenge prospective expert witnesses about:

 

a. The expert's skills and background.

b. Whether the expert's theories in the case have been tested.

c. Whether the techniques used by the expert in the case are subject to peer review.

d. Whether the expert's testimony in the case represents "scientific knowledge."

e. All of the above.

 

 

43. In addition to Daubert case challenges to an expert's testimony, another concept under which experts can be questioned about their skills, education, and competence is called:

 

a. Gatekeeper rules.

b. AICPA challenges.

c. Voir dire challenges.

d. Internet challenges.

e. Just plain mean challenges.

 

 

44. In order for damages to be assessed, the court must find:

 

a. There is liability in the case.

b. One of the parties is really bad.

c. Criminal violations have occurred.

d. Both a and c.

e. None of the above is correct.

 

 

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

 

a. Good and bad.

b. Tort and breach of contract.

c. High and low.

d. Short-term damages and long-term damages.

e. Restitution and reliability.

 

 

46. Beth Company sold assets to Karen Company with an alleged value of $2,400,000. Beth Company paid $2,100,000 for the assets. The actual value of the assets was $1,700,000. Using the "out-of-pocket" damage loss rule, the fraud damages would be:

 

a. $1,700,000.

b. $2,400,000.

c. $700,000.

d. $400,000.

e. None of the above is correct.

 

 

47. Beth Company sold assets to Karen Company with an alleged value of $2,400,000. Beth Company paid $2,100,000 for the assets. The actual value of the assets was $1,700,000. Using the "benefit-of-the-bargain" damage loss rule, the fraud damages would be:

 

a. $1,700,000.

b. $2,400,000.

c. $700,000.

d. $400,000.

e. None of the above is correct.

 

 

48. When measuring lost profits or other damages, it is necessary for the plaintiff to:

 

a. Attempt to mitigate its damages.

b. Show that the defendant's actions clearly call for punitive damages.

c. Prove that fraud was involved in the case.

d. Prove that there was no liability in the case.

 

 

49. Jones Lumber had an exclusive three-year supply agreement with Wood Construction. The contract called for lumber sales of $4,000,000 per year. After one year, Wood Construction canceled the contract without cause. The court found Wood Construction liable under the contract. Jones Lumber had average gross margins of 40 percent and average net income of 10 percent of sales. Jones Lumber's operating expenses average 70 percent fixed. The damages from the loss of this contract would be:

 

a. $1,240,000.

b. $2,480,000.

c. $4,000,000.

d. $400,000.

e. None of the above is correct.

 

 

50. Jones Lumber had an exclusive three-year supply agreement with Wood Construction. The contract called for lumber sales of $4,000,000 per year. After one year, Wood Construction canceled the contract without cause. The court found Wood Construction liable under the contract. Jones Lumber had average gross margins of 40 percent and average net income of 10 percent of sales. Jones Lumber's operating expenses average 70 percent fixed. The damages from the loss of this contract would be:

 

a. $1,240,000.

b. $760,000.

c. $4,000,000.

d. $400,000.

e. None of the above is correct.

 

 

51. Jones Lumber had an exclusive three-year supply agreement with Wood Construction. The contract called for lumber sales of $4,000,000 per year. After one year, Wood Construction canceled the contract without cause. The court found Wood Construction liable under the contract. Jones Lumber had average gross margins of 40 percent and average net income of 10 percent of sales. Jones Lumber's operating expenses average 70 percent fixed. Because of the lost contract, Jones Lumber carried $2,500,000 more in lumber inventory than it would have absent the contract. Storage, handling, and carrying cost of lumber inventory averages 12 percent at Jones Lumber. What if any amount would this fact add to your damage estimate in this case?

 

a. $600,000.

b. $760,000.

c. $480,000.

d. $300,000.

e. None of the above is correct.

 

 

52. Deposition testimony occurs during the:

 

a. Discovery phase of the case.

b. Trial stage of the case.

c. Initial pleadings in the case.

d. Closing arguments in the case.

 

 

53. Deposition testimony:

 

a. Is given under oath.

b. Requires both direct testimony and cross-examination testimony.

c. Is taken during the discovery period of the case.

d. Is given in lieu of trial testimony.

e. Both a and c.

 

 

54. During deposition testimony:

 

a. Only the opposing attorney questions the expert witness.

b. The attorney for the expert questions the expert witness.

c. There is both direct testimony and cross-examination testimony.

d. It never lasts more than four hours.

 

 

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

 

a. Education and professional background.

b. Expertise in this type of case.

c. Models or methodologies used in the case.

d. Data sources used in the case.

e. All of the above are correct.

 

 

56. Cost behavior refers to:

 

a. How managers behave in response to cost data.

b. How costs change with respect to management decisions.

c. How businesses behave in connection with cost changes.

d. How costs change with respect to changes in the volume of activity.

 

 

57. Fixed costs are costs that:

 

a. Never change.

b. Remain constant on a per unit basis as volume goes up and down.

c. Go up and down on a per unit basis as volume decreases and increases.

d. Increase directly and proportionately with volume.

 

 

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

 

a. Regression-correlation method.

b. High-low method.

c. Scatter-gram method.

d. By gut and by golly method.

 

 

59. Georgetown Company's weekly store operating costs for a 10-week period had a value of $300,000 and a low value of $260,000. Sales volumes for the two weeks were $4,000,000 and $3,200,000 respectively. The estimated variable cost per dollar of sales using the high-low method is:

 

a. $0.1067 per sales dollar.

b. $0.08125 per sales dollar.

c. $0.075 per sales dollar.

d. $0.05 per sales dollar.

 

 

60. Georgetown Company's weekly store operating costs for a 10-week period had a value of $300,000 and a low value of $260,000. Sales volumes for the two weeks were $4,000,000 and $3,200,000 respectively. The estimated fixed cost using the high-low method is:

 

a. $100,000.

b. $300,000.

c. $260,000.

d. $160,000.

 

 

61. Georgetown Company's weekly store operating costs for a 10-week period had a value of $300,000 and a low value of $260,000. Sales volumes for the two weeks were $4,000,000 and $3,200,000 respectively. At a sales level of $3,500,000, the estimated store operating costs using the high-low method of cost analysis would be:

 

a. $175,000.

b. $300,000.

c. $275,000.

d. $260,000.

 

 

62. In analyzing cost behavior data for cases, most experts find that the most effective and defensible analysis method is:

 

a. High-low.

b. Correlation-regression.

c. Scatter diagram.

d. Experienced employee information.

 

 

63. Deposition testimony:

 

a. Is always given under oath.

b. In some states is not given under oath.

c. Is not actually considered testimony.

d. Is practice for trial testimony.

e. None of the above.

 

 

64. During a deposition:

 

a. Everything the witness says is taken down and recorded.

b. The testimony is given under oath.

c. All the questions are asked by an opposing attorney.

d. All of the above.

e. None of the above.

 

 

65. During trial testimony:

 

a. An attorney from your side will ask you questions.

b. All questions during your testimony will be asked by an opposing attorney.

c. Testimony is not recorded.

d. The judge can object to inappropriate questions.

e. None of the above.

 

 

66. Daubert requirements:

 

a. Are used exclusively in state courts.

b. Were created to ensure quality expert testimony in federal courts.

c. Relate to scientific experts but not to financial experts in cases.

d. Have little impact on cases.

e. None of the above.

 

 

67. In order to win damages in a case, generally a plaintiff must prove:

 

a. Liability and blame by the defendant.

b. Damages occurred and they were large.

c. The defendant was liable in the case and the liability resulted in damages.

d. There was no breach of contract.

e. None of the above.

 

 

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

 

a. There was no liability, only damages.

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

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

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

e. None of the above.

 

 

69. Two major theories of damages are:

 

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

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

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

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

e. None of the above.

 

 

70. The method of lost profit damages calculation that is best for mature businesses is:

 

a. The "before-and-after" method.

b. The "yardstick" or "benchmark" method.

c. The "but-for" method.

d. All of the above.

e. None of the above.

 

 

71. Most accounting damages in cases are estimated:

 

a. Using historical cost data.

b. Using only estimated future accounting estimates.

c. Using economic experts to make future estimates.

d. All of the above.

 

 

72. The primary determinants of the damage model used in a case are:

 

a. The guidelines provided by the Association of Certified Fraud Examiners (ACFE).

b. The American Institute of Certified Public Accountant (AICPA) guidelines.

c. The American Bar Association (ABA) rules.

d. State laws in the state the case is being tried.

e. None of the above.

 

 

73. The lost profits method that best measures what a plaintiff would have done or accomplished without interference from the defendant is:

 

a. The "before and after" method.

b. The "yardstick" method.

c. The "but-for" method.

d. All of the above.

e. None of the above.

 

 

74. The lost profits method that is based upon a market model of sales projection created to compute lost profits is:

 

a. The "before and after" method.

b. The "yardstick" method.

c. The "but-for" method.

d. All of the above.

e. None of the above.

 

 

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

 

a. Company-specific analysis.

b. Industry analysis.

c. Financial analysis conclusions.

d. Macroeconomic analysis.

e. None of the above.
'

 

 

76. A summary judgment is:

 

a. Rendered at the end of the case after the judge/jury has heard and summarized all of the case testimony.

b. A seldom used trial technique in which an attorney attempts to summarize the case data as part of closing arguments.

c. An attempt by one or both sides in a case to ask the judge to accept their arguments in the case as correct and to render an opinion in the case in their favor without even going to trial.

d. A period technique used during the discovery phase of the case to periodically summarize the issues that have been present in the case.

 

 

77. During deposition testimony, the accounting expert witness is questioned by:

 

a. The opposing attorney.

b. The expert’s attorney.

c. The judge.

d. Both a and b.

e. None of the above.

 

 

78. The following information pertains to Adena Company:
Sales price per unit $90.00
Variable cost per unit $55.00
Total fixed costs $250,000
After-tax income $48,450
Tax rate 40%
Unit sales volume for the company must have been:

 

a. 8,527

b. 7,149

c. 6,014

d. 9,450

e. None of the above

 

 

79. If an expert witness is requested to provide rebuttal testimony in a case it will usually occur:

 

a. During his deposition testimony.

b. During the trial to counter some testimony of a witness from the other side in the case.

c. Only at the request of the judge presiding at the trial.

d. In civil cases but never during criminal cases.

 

 

80. Charlevoix Supply Company makes specialized products for automobile applications. Recently management introduced a new patented engine sensor device. The first year costs and revenues for the product were as follows:

Selling price	$400 per unit
Direct materials	$125 per unit
Direct labor	$ 45 per unit
Variable MOH	$ 40 per unit
Total fixed MOH	$1,600,000
Variable selling and administrative	$ 30 per unit
Total fixed selling and administrative	$500,000
Sales volume	25,000 units

During the second year of production and sales, the company only sold 12,000 units of product, because a competitor produced and sold an identical product. Charlevoix Supply has filed a law suit against the
competitor for patent infringement.
What is the contribution margin and the contribution margin ratio for this product?

 

a. $160 and 60.0 percent

b. $230 and 57.5 percent

c. $190 and 48.75 percent

d. $160 and 40.0 percent

e. None of the above

 

 

81. Using the facts in question 80, assume the competitor is liable as alleged by Charlevoix Supply in the patent infringement law suit. What is the amount of damages that Charlevoix Supply experienced during the second year of the new product as a result of the competitor’s patent infringement?

 

a. $110,000

b. $2,535,000

c. $2,650,000

d. $2,080,000

e. None of the above

 

 

82. Using the facts in question 80, what was the Charlevoix Supply profit on this product during the first year it was sold?

 

a. $1,900,000

b. $2,650,000

c. $4,250,000

d. $10,000,000

e. None of the above

 

 

83. Using the facts in question 80, assume the competitor is liable as alleged by Charlevoix Supply in the patent infringement law suit. Additionally assume that in the second year of operations all variable manufacturing costs increased by 10 percent and all fixed costs increased by 15 percent and the selling price remained the same. What is the amount of damages that Charlevoix Supply experienced during the second year of the new product as a result of the competitor’s patent infringement?

 

a. $1,492,000

b. $1,807,000

c. 0

d. $2,210,000

e. None of the above.

 

 

84. Using the facts in question 80, assume the competitor is liable as alleged by Charlevoix Supply in the patent infringement law suit. Also assume that the company in an effort to mitigate the damages caused by the patent infringement of the competitor created an advertising program that resulted in sales decreasing to only 17,000 units rather than the 12,000 units stated above. The annual cost of the advertising program was $375,000. What is the amount of damages that Charlevoix Supply experienced during the second year of the new product as a result of the competitor’s patent infringement?

 

a. $2,650,000

b. $1,280,000

c. $1,900,000

d. $1,665,000

e. None of the above

 

 

85. Joe’s Oyster House is a franchise business that pays the franchisor $0.25 per dozen for each dozen oysters the shop sells. This franchise fee is considered to be part of the variable cost of operating the oyster house. In 2009, Joe’s Oyster House broke even at 50,000 dozen oysters a year and sold 80,000 dozen oysters for the year. New equipment and procedures caused 2010 total fixed costs to increase and unit variable costs to decrease. Sales remained at 80,000 dozen oysters for the year and the break-even sales level remained unchanged at 50,000 dozen. All other variables remained unchanged. Based on this information we can conclude that in 2010 for Joe’s Oyster House:

 

a. Profit would increase.

b. Profit would remain unchanged.

c. Fixed costs per unit would remain unchanged.

d. Would pay more in franchise fees in 2010 than during the 2009.

e. Profit would decrease.

 

 

86. Below are monthly Sales and Operating Expenses data for the Wiley Company:

Month	Sales Volume	Operating Expenses
July	$180,000	$33,000
August	210,000	38,000
September	220,000	39,000
October	190,000	35,500
November	240,000	40,000
December	320,000	44,200

Using the “high-low” method, the estimated monthly fixed cost for Operating Expenses is:

 

a. $18,600

b. $14,400

c. $11,200

d. $22,785

e. None of the above

 

 

87. Using the facts in question 86, using the “high-low” method the variable cost per dollar of operating expense is:

 

a. $0.067 per sales dollar.

b. $12.50 per sales dollar.

c. $0.08 per sales dollar.

d. $0.138 per sales dollar

e. None of the answers above is correct.

 

 

88. Using the facts in question 86, assume that the data presented above results in a variable cost of $0.10 per dollar of sales and a fixed cost of $19,000. If one wanted to predict the amount of Operating Expense at a sales level of $500,000, the answer would be:

 

a. $69,000

b. $50,000

c. Most likely outside of the “relevant range”

d. a and c

e. None of the above

 

 

89. Walton’s Seafood Supply Company had a two-year contract with the Eastside Seafood Store to supply the retail store with a variety of fresh fish. At the beginning of the second year of the contract, Walton’s began having trouble meeting the needs of the Eastside Seafood Store. As a result, in order to keep its customers satisfied, Eastside began driving a refrigerated truck 50 miles to another supplier two times a week so the store could meet customer demands. The cost of making the twice a week “seafood run” was $300 per week in incremental transportation costs. Additionally, Eastside contended that they had to pay on average 15 percent more for the fish at the other supplier than was provided for in the original contract. Eastside Seafood Store averaged $4,000 a week in purchases from the other supplier. Eastside filed a law suit against Walton’s Seafood Supply for breach of contract and the court ruled for the plaintiff in the case.
Based solely on the information provided above, if you are the accounting expert witness for Eastside Seafood Store, what is your best estimate of the damages in this case?

 

a. $15,600

b. $208,000

c. $31,200

d. $46,800

e. None of the above

 

 

90. Using the facts in the previous question, during the damages phase of the case, Walton’s expert witness took issue with the $300 per week cost of driving a truck to the alternate supply location. She argued that this was not a cost Eastside had incurred before and that the company was merely using it to run up the amount of the damages. Most likely the court will find that:

 

a. Walton’s expert is correct and the court will not typically “create profits” when they did not exist before.

b. Eastside Seafood Store is entitled to these damages because they were incurred as a direct result of Walton’s failure to honor the supply contract agreement.

c. Eastside may be able to get the costs of making the twice a week trips for the seafood, but it cannot also get the amount for the higher cost of the seafood.

d. Eastside will most likely not be able to collect either of the amounts mentioned in the case.

e. None of the above.