Exam (elaborations)
ACG 6688 Final (1).
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Exam of 9 pages for the course ACG 201 at ACG 201 (ACG 6688 Final (1).)
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ACG 6688 Finallay or (fact) witness - ANS-testifies as to facts
Expert witness - ANS-due to specialized training/experience - is allowed to testify in court to
help with complicated subjects
Fyre Standard - Expert Witness State Court - ANS-(1) will assist in understanding the
evidence/determining a fact
(2) theories are generally accepting by professional community
(3) expert is qualified to present a testimony
-original standard up to 10 years ago
Federal Rule of Evidence 702 - Expert Witness - ANS-judge decides that...
(1) help jurors understand
(2) witness is qualified expert
(3) show testimony will be based on facts AND will be a product of reliable princpals/methods
Daubert v. Merrell Dow Pharmaceuticals - ANS-rule of federal courts THAT trial judges have a
special responsibility to ensure testimony is relevant AND reliable
Consider...
(1) whether theory has been tested
(2) has been subjected to peer review
(3) known/potential error rate
(4) has attracted widespread acceptance
An expert should ______ draft a written report of any kind unless he/she has been expressly
direct to do so by hiring counsel - ANS-NEVER
-civil procedure 26(a)(2)(B) requires a written report
-must update written report/deposition
Types of expert reports - ANS-(1) Fact-oriented report: gathers/evaluates factes and uses them
to prepare report
(2) Opinion Report: rely on professional judgement of expert
(3) Combination of the 2
Supreme Law of the Land - ANS-Constitution
, Criminal v Civil - ANS-Criminal: beyond a resonable doubt
Civil: preponderance of evidence
Is there a federal constitutional right to privacy? - ANS-Not explicit
6 phases of case - ANS-(1) Investigation
(2) Pleadings/Charges
(3) Discovery
(4) Trial
(5) Verdict (outcome)
(6) Appeal
What type of cases allow subpenoas in the investigation stage? - ANS-Criminal for drugs/child
porn
Digital Forensics - ANS-Evidence that is stored somewhere
Web forensics - ANS-Pulling evidence off the web
Discovery - ANS-Investigation where the judge will help you if the other side isn't cooperative
-subpoena
-force someone to talk to you
Investigation - ANS-Gathering basic facts prior to pleadings
-court assited in case of child porn/drugs
How do criminal pleadings start - ANS-Indictment
How do civil pleadings start? - ANS-Compliant
Pleadings = - ANS-Allegations
Shareholder Derivative Action - ANS-stockholder can file a suit against corporation, officier, and
BOD
Discovery - ANS-Court Assisted Investigation
Criminal
-must disclose favorable evidence to defense
Civil
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