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

2. Learning Objectives 1.Identify aspects of the court system. 2.Understand the civil litigation process. 3.Understand the criminal litigation process. 4.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. Discuss Differences Between the 2 Court. CriminalCivil

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? 4 th 6 th 5 th

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 State courts that try misdemeanors & pretrial issues Reviews lower court cases Federal court that only hears bankruptcy cases Lower Trial Court Federal Court Bankruptcy Court Appellate Court

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

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

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