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AC574 – Quiz 3 Review Questions:  1) (TCO C) Which statement is false? A

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AC574 – Quiz 3 Review Questions:

 1) (TCO C) Which statement is false?
A. Independence from a client is not required when a CPA performs litigation services without a related attestation service.
B. Accountants are sometimes appointed by the court as a special master or court-appointed expert.
C. Independence is a factor used to determine whether a CPA performing litigation services has a conflict of interest.
D. Any actual conflict of interest should be disclosed.
E. None of the above is false.

(2) (TCO C) Which statement is false?
A. An expert witness may be asked to answer hypothetical questions only on deposition.
B. Normally a non-expert witness cannot give an opinion.
C. A forensic accountant should be hired directly by the attorney.
D. Confidential communication between client and lawyer is considered a protective privilege.
E. None of the above is false.

(3) (TCO C) Which statement is true?
A. The Frye standard is used in federal courts.
B. The Daubert rule is not used in state courts.
C. The Frye standard may be used in some state courts.
D. North Carolina follows the Frye rule.
E. None of the above is true.

(4) (TCO C) An expert would probably not be able to:
A. Give an opinion that embraces an ultimate issue to be decided by the trier of facts.
B. State that my opinion is based on a reasonable degree of scientific certainty.
C. An expert testifies regarding his opinion without first testifying to the underlying facts or data.
D. An expert bases his opinion on evidence not admissible in evidence if of a type reasonably relied upon by experts in the particular field.
E. An expert can do all of the above.

(5) (TCO C) Which is not one of the Daubert factors?
A. Whether the theory existed before litigation began.
B. Whether the theory or technique in question can be and has been tested.
C. The theory's known or potential error rate.
D. The theory has attracted widespread acceptance.
E. All are Daubert factors.

(6) (TCO C) Which statement is false?
A. Judges may say negative things about experts.
B. Courts may reject expert witnesses under Daubert.
C. Just saying you are a CPA should automatically qualify one as an expert.
D. An expert should be careful not to state an opinion on law (as opposed to facts).
E. None of the above.

(7) (TCO C) Which is not a Daubert factor?
A. Can the theory be or was the theory tested?
B. Was the theory subject to peer review?
C. There is general acceptance.
D. Known or potential rate of error of the method.
E. All of the above are Daubert factors.

 

(8) (TCO C) Which would not be a subject matter expertise under Fed. Rul. 702 of Evidence?
A. Special knowledge.
B. Special skills.
C. Special training.
D. Special education.
E. All of the above are subject matter expertise

(9) (TCO C) Which item is not required in an expert's report?
A. List of cases that the expert has testified or been deposed in the past 10 years.

B. All opinions to be expressed.
C. The exhibits to be used.
D. List of all publications within the past 10 years.
E. All of the above.

(10) (TCO C) Which statement is false?
A. Experts are expected to answer questions from opposing counsel at a deposition.
B. A summary chart is always allowed in the jury room.
C. It is recommended to not waive the reading and signing of the transcript of your deposition.
D. If wrong at deposition, you should amend your testimony.
E. None of the above

(11) (TCO C) Which statement is true?
A. Leading questions may be asked during direct examination.
B. Leading questions are allowed during cross-examination.  
C. Experts may state a legal opinion while testifying.
D. Avoid looking directly at the jurors.
E. None of the above is true.

(12) (TCO C) Which statement about witness immunity is false?
A. A lawsuit against an expert for negligence is one type of tort action.
B. A negligence claim has a shorter statute of limitation than a breach of contract action.
C. A claim for breach of a contract generally is brought in a state court.
D. Communication made in a judicial proceeding carries an absolute privilege against civil suits for damages.
E. None of the above is false.

(13) (TCO C) Which of the following is a way to challenge an expert?
A. Samson challenge.
B. Frye challenge.
C. Dillon challenge.
D. Casper challenge.
E. None of the above.

(14) (TCO C) What is not a major phase of litigation?
A. Discovery.
B. Cross-complaint.
C. Pleadings.
D. Outcome.
E. None of the above.

(15) (TCO C) Which is not a situation which would cause an expert to be ejected?
A. Frye challenge.
B. Spoliation.
C. Ghost written report.
D. Conflict of interest.
E. None of the above

(16) (TCO C) Side-taking refers to:
A. Result-oriented work.

B. Motion of limine.
C. Spoliation.
D. Pleadings.
E. None of the above.

(17) (TCO C) What is meant by impeachment?
A. Suggesting that you changed your answer at trial.
B. A Daubert challenge.
C. A Frye challenge.
D. Spoliation.
E. All of the above.

(18) (TCO C) Which of the following is not an example of demonstrative evidence?
A. Videos.
B. Charts.
C. Exhibits.
D. Models.
E. All of the above are examples