Question Details

1.	A Shell Corporation: part 3

41. One Trap for the unwary is that:

A. If an expert witness testifies at trial everything he or she does regarding the case must be turned over to the opposition
B. If a testifying expert reviews the work of a consulting expert then the work of the consulting expert is discoverable
C. Some states still follow the Frye test rather than the Daubert standard for qualifying an expert witness
D. B and C
E. None of the above

42.. What happens if the police illegally seize evidence in violation of the Fourth Amendment?

A. The Evidence will be excluded from use at trial.
B. The defendant- arrest is nullified.
C. The defendant is entitled to another trial.
D. The defendant will be paid for the expenses of his defense.
E. None of the above.

43. The privilege against self-incrimination extends to which of the following?

A. Providing a handwriting sample.
B. Appearing in a line-up for identification purposes.
C. Taking a blood test after an accident.
D. None of the above.
E. A, B, and C,

44. The Computer Access and Computer Fraud and Abuse Act of 1984 prohibits unauthorized access to?

A. Restricted government information
B. Information in a financial institution- financial records.
C. Information in a consumer reporting agency- files on consumers.
D. All of the above.

45. After immunity is granted to a witness who agrees to testify about a crime, the person has an absolute privilege against self-incrimination and?:

A. Can refuse to testify on Fifth Amendment grounds.
B. Cannot refuse to testify on Fifth amendment grounds.
C. Cannot be prosecuted for any crime.
D. Cannot be prosecuted only for the crime about which the witness agreed to testify.

46. Select the most incorrect statement about the Fifth Amendment right against self
Incrimination?:

A. The right does not protect an accused from being compelled to produce real or physical evidence.
B. The right does not protect a corporation from having to produce records prepared in the ordinary course of business.
C. The right protects corporate CEOs from having to testify against themselves in an administrative hearing.
D. The right protects an accused from being compelled to produce bodily fluids.

47. Civil forfeiture is an in rem action that is brought against the property itself. Despite certain advantages, one major limitation of civil forfeiture is?:

A. That it requires the government to prove, beyond a reasonable doubt, that a crime was committed and that the subject property was used to commit this crime.
B. That the owners of the property must be in custody for any forfeiture suit to proceed.
C. That it is restricted to the property directly involved in the underlying criminal offense.
D. There is no possibility of obtaining a value-based money judgment for property that cannot be recovered.
E. C and D.

48. The proceeding in a criminal forfeiture is _____________while the proceeding in civil forfeiture is ___________.

A. In rem; in personam
B. In personam; in rem
C. Quasi in rem; in personam
D.In personam; quasi in rem
E.None of the above.

49. The following factors have lead to an increase in creditors having to think about seeking the assistance of tribunals that will not ultimately hear the substantive merits of disputes but have assets located within their jurisdiction, and are?:

A. The development of technology
B. An expansion in international trade relations
C.The attractiveness of certain offshore financial centers.
D. A and B.
E. A, B and C.

50. Offshore financial locations have to be placed in a category of their own because of paramount importance are factors such as anonymity, confidentiality, and control. The offshore world has the power to possess legislative barriers such as?:

A. Limiting the recognition of foreign judgments.
B. Having strict limitation periods within which to bring actions.
C. Increased confidentiality laws and providing specific vehicles to defeat creditors
D. A, B, and C.
E. B and C.

51. The need to attract the genuine individual or corporation with legitimate commercial interests desirous of locating assets offshore, clashes with?:

A. The political goal of the OECD of controlling terrorist financing.
B. The Federal Government- goal of stemming the spread of money laundering.
C. The fact that offshore states will want to be concerned not to provide a cloak of protection to those who use and abuse by concealing assets from creditors with proper legal entitlement.
D. All of the above.
E. None of the above.