Homework answers / question archive / 1)How does the knowledge, skill, experience, training, and education that accountants are expected to have and use in performing litigation services compare with what they are expected to have and use when performing other types of professional services?   2

1)How does the knowledge, skill, experience, training, and education that accountants are expected to have and use in performing litigation services compare with what they are expected to have and use when performing other types of professional services?   2

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1)How does the knowledge, skill, experience, training, and education that accountants are expected to have and use in performing litigation services compare with what they are expected to have and use when performing other types of professional services?

 

2. What should be included in a written agreement by an accountant to perform litigation services for an attorney?

 

3. What is the difference between an expert witness and a lay witness?

 

4. What does it mean to have to qualify as an expert witness?

 

 

5. Outline some ways to challenge an expert witness.

 

6. What are the normal steps in a simple Daubert challenge?

 

7. What is the Frye standard?

 

8. What is the Daubert standard?

 

9. Can accountants acting as expert witnesses be advocates for their client? Is advocacy possible for accountants who serve as consultants?

 

 

 

10. Can accountants acting as expert witnesses base an opinion on confidential client information?

 

11.  What is an expert report? What should the report contain?

 

12. Can the opposing side see the forensic accountant’s working papers if he or she is acting as a consultant? Is access by opposing counsel possible if the accountant is acting as an expert witness?

 

13. What do lawyers dislike the most about expert witnesses?

 

 

 

 

 

 

CHAPTER 9 (1 to 21, 33, 58, and 59)

1. What are the rules of evidence? Where are they found? Are expert opinions evidence?

 

2. Is taking judicial notice the same as a stipulation? Explain.

 

3. What is the difference between direct and circumstantial evidence? Which is better?

 

 

4. When is evidence relevant?

 

5. When may relevant evidence be inadmissible in a court of law?

 

6. What is a privileged communication?

 

7. Are these items admissible?

               

 

8. What is the attorney-client privilege?

 

9. What is the accountant – client privilege? When is it honored?

 

10. Who is the holder of the privileged communication?

 

11. What are some exceptions to the privileged communication rule?

 

12. Under what circumstances are communications between taxpayers and tax practitioners protected by federal tax law?

 

13. What is the work product rule? Does it apply to accountants?

 

14. Can communications between an accountant and a client be protected under the attorney-client privilege? Does the attorney work product rule apply to accountants?

 

 

15. What is hearsay evidence?

 

16. What is the hearsay exception for business records?

 

17. What is the hearsay exception for commercial publications?

 

18. Can market reports be admitted under the hearsay evidence exception?

 

19. What is the hearsay exception for learned treatises?

 

20. What is the hearsay exception for public records?

 

 

21. Explain Fed. Rul. Of Evidence 803 (18). Why must expert witnesses be careful here?

 

22. What is Benford’s Law and when is the technique useful?

 

23. Benford analysis is not useful in which of the following situations?

                a. Accounts receivable

                b. Accounts payable

                c. Amounts on checks

                d. Invoice numbers

                e. c and d

24. Benford’s Law states:

a. The digit 9 occurs as the first, second, or third digit in a set of numerical data with a probability of about 10 percent.

b. Any digit occurs as the first or second digit in a set of numerical data randomly.

c. Any digit occurs as the first, second, or third in a set of numerical data with a probability that is predictable.

d. The digit 1 occurs as the first, second, or third digit in a set of numerical data with a probability of about 15 percent.

e. None of the above.