Which of the following is NOT an element that is generally required to establish a claim alleging the common law civil wrong for intentional infliction of emotional distress?
Answer : A
The correct answer is A. The CFE Manual explains that to recover for intentional infliction of emotional distress, the plaintiff must prove that the defendant engaged in extreme and outrageous conduct, that the defendant acted intentionally or recklessly, and that the victim actually suffered emotional or mental distress as a result of the defendant's conduct. These core elements match options B, C, and D.
There is no general requirement that the distress must have lasted for at least two years. That time-based condition is not one of the recognized elements listed in the CFE Law section. The Manual instead focuses on the nature of the conduct and the causal connection between that conduct and the victim's injury. It also notes that the conduct must be sufficiently outrageous to exceed the bounds tolerated by civilized society and that mere insults or ordinary upset are not enough. Additionally, the Manual emphasizes that actionable claims require proof of serious, visible, and provable harm. Still, none of those requirements impose a fixed minimum duration such as two years. Accordingly, A is the only choice that is not a required element of this common law tort.
Question 2
Louis, a Certified Fraud Examiner (CFE). is investigating a potential internal fraud case originating from a whistteblower tip about embezzlement. He discovers that the organization purportedly affected by the embezzlement recorded the tip in a memorandum. Which type of evidence would the memorandum be considered?
Answer : C
A memorandum recording a whistleblower tip is a written record. The Fraud Examiners Manual defines documentary evidence as evidence ''presented in the form of documents such as memoranda, contracts, emails, or other records''. Testimonial evidence comes from oral statements; here, the memorandum itself is the evidence, so it is documentary.
Question 3
Which of the following typically does NOT need to be present for communications between an attorney and the attorney's client to be protected by a legal professional privilege?
Answer : D
This question tests your knowledge of Domain 10.
In the context of Basic Principles of Evidence, specifically relating to privilege, the question asks about NOT.
The correct answer is D: A lawsuit has been filed.
This question tests knowledge of evidence principles. The correct answer correctly distinguishes between types of evidence, admissibility requirements, or evidentiary privileges. Proper handling of evidence is crucial for successful fraud investigations and prosecutions.
Which of the following is true regarding the authentication of evidence in most common law systems?
Answer : A
The correct answer is A. In common law systems, authentication is the process of showing that an item of evidence is what the proponent claims it is. Federal Rule of Evidence 901 states that to satisfy the authentication requirement, the party offering the evidence must produce enough proof to support a finding that the item is what that party claims. This is the core purpose of authentication.
Option B is incorrect because records, including many digital records, can often be authenticated through testimony or certification from a person with knowledge, such as a custodian of records, depending on the applicable rule and context. Option C is wrong because authentication is not something that must be ''reviewed and voted on'' by a jury as a prerequisite; it is an evidentiary foundation issue generally handled by the court. Option D is also incorrect because even properly authenticated evidence must still be relevant to be admissible. Authentication and relevance are separate requirements, and satisfying one does not eliminate the need for the other. For CFE purposes, the essential idea is that authentication establishes genuineness and identity, so A is the correct answer.
Question 5
Which of the following is MOST LIKELY to affect the rights that an employee may have during an internal investigation?
Answer : B
This question tests your knowledge of Domain 7.
In the context of Individual Rights During Examinations, specifically relating to employee, the question asks about MOST LIKELY.
The correct answer is B: The existence of a collective bargaining agreement..
This question relates to individual rights during examinations. The correct answer accurately describes the legal protections, obligations, or privacy considerations that apply in workplace investigations. Fraud examiners must balance investigative needs with legal protections for individuals.
- CFE Exam Content Outline: Domain 7: Individual Rights During Examinations
- employee
- Fraud Examiners Manual, Law Section
Question 6
Willa is chairperson of ACME Construction's board of directors. Willa develops a substance use disorder and falls behind on her duties at ACME. Willa's inattentiveness results in significant losses to ACME shareholders following an incident that likely would have been prevented had she fulfilled her duties. If Willa is sued for violating her fiduciary duties, under which theory is the suit MOST LIKELY to be filed?
Answer : B
The most likely claim is violation of the duty of care. Directors and officers generally owe fiduciary duties to act with reasonable care, diligence, and prudence in managing corporate affairs. Willa's problem is inattentiveness: she fell behind on her board duties, and her failure to act likely allowed preventable shareholder losses. That fact pattern concerns failure to exercise adequate oversight and care. The duty of loyalty involves acting in the organization's best interests and avoiding self-dealing, conflicts of interest, or improper personal benefit. The facts do not indicate that Willa acted for personal gain or against ACME's interests intentionally. ''Duty of transparency'' and ''duty of responsibility'' are not the best fiduciary theories described here. Therefore, option B is correct.
Question 7
Which of the following choices BEST describes the main purpose of imaging a seized computer's hard drive during a digital forensic investigation?
Answer : C
The main purpose of imaging a seized computer's hard drive is to create a forensic copy that can be used for analysis while preserving the original evidence. A forensic image is an exact duplicate of the storage media, created using proper forensic tools and verified for accuracy. Investigators generally analyze the image rather than the original device to reduce the risk of altering original evidence. Option A is incorrect because forensic analysis should not normally be performed directly on the suspect system. Option B describes documentation of the scene, which is important but not the purpose of imaging. Option D is not the primary objective. Imaging protects evidence integrity and supports later authentication and admissibility.
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