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FRAUD EXAMINATION ALBRECHT, ALBRECHT, & ALBRECHT

FRAUD EXAMINATION ALBRECHT, ALBRECHT, & ALBRECHT. Legal Follow-Up. Chapter 18. Learning Objectives. Identify aspects of the court system. Understand the civil litigation process. Understand the criminal litigation process. Describe the nature of an expert witness.

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FRAUD EXAMINATION ALBRECHT, ALBRECHT, & ALBRECHT

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  1. FRAUD EXAMINATIONALBRECHT, ALBRECHT, & ALBRECHT Legal Follow-Up Chapter 18

  2. Learning Objectives • Identify aspects of the court system. • Understand the civil litigation process. • Understand the criminal litigation process. • Describe the nature of an expert witness.

  3. Outline Typical State Court Organization – Explain.

  4. Outline Typical State Court Organization – Explain (cont’d)

  5. Review Organization of Federal Courts.

  6. What Legal Action Can be Taken for Fraud?

  7. Why Don’t Organizations Take Legal Action?

  8. Do All Cases Go to Trial?

  9. Criminal Civil Discuss Differences Between the 2 Court.

  10. Describe the Civil Litigation Process.

  11. Describe the Investigation & Pleadings Process.

  12. Define Discovery & Discuss.

  13. Comment on: • Production Requests • Interrogatories • Requests for Admission • Subpoenas • Depositions • Motion Practice & Negotiation

  14. What Happens During Trial & Appeal?

  15. Which Constitutional Relate to Criminal Trials? 4th 5th 6th

  16. How Does the Criminal Process Work?

  17. Comment on & Discuss the Grand Jury.

  18. What May a Defendant Request & Obtain?

  19. How Do Expert Witnesses Differ from Fact or Character Witnesses?

  20. What Do Expert Witnesses Do?

  21. Review Dos & Don’ts at The Trial

  22. List Dos & Don’ts Of Cross Examination

  23. Terms Match Enforces federal law, established by federal government Lower Trial Court State courts that try misdemeanors & pretrial issues Federal Court Bankruptcy Court Federal court that only hears bankruptcy cases Appellate Court Reviews lower court cases

  24. Terms Match Attorneys try to find out information about other side’s case Subpoena Discovery Hearing where defendant has charges read Court order requiring testimony or deposition Preliminary Hearing Pretrial hearing to decide if “probable cause” exists to charge defendant with a crime Arraignment

  25. Terms Match Sworn testimony before a trial Motion Written statement given under oath Motion for Dismissal Request the judge to dismiss claim Affidavit Response to a complaint or pleading, or a request made to the judge Deposition

  26. Terms Match Nolo Contendere Plea does not contest charges or admit guilt Legal process to qualify as expert witness Voir Dire Negotiated pretrial agreement to resolve a legal dispute Settlement Judgments asked for in a civil case Remedy

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