Exam (elaborations)
ACG 6688 Final (1).
Exam of 9 pages for the course ACG 201 at ACG 201 (ACG 6688 Final (1).)
[Show more]
Seller
Follow
Content preview
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
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller modockochieng06. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for CA$11.49. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
66579 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy study notes for 14 years now