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Need an account? Click here to sign up. Download Free PDF. Hannah Dale. A short summary of this paper. Explain why it is necessary for a forensic 1, 2, 3, 4, 5, accountant to have a working 52 30 knowledge of the legal environment. Describe the 6, 7, 8, 9, 12, classification categories of 13, 31, 32, 51 law and the basic structure 33, 34, 35, three stages of a civil trial.
Explain the concepts of 14, 15, 16,38, burden of proof and standard 49 39, 41 of proof. Describe the purpose and process of a Daubert challenge, and identify the 24, 25, 45 49 59 factors that should be considered when evaluating expert testimony. Identify the requisite elements for establishing 26, 27, 28, 54, 60 attorney-client privilege. The rule of law doctrine is the proposition that governance via a cumulative body of legal principles is superior to the rule of any human leader and that all men stand equal in the eyes of the law.
The three basic functions of law are: 1. Dispute resolution, which could be criminal or civil in nature, 2. Protection of property via contract and other means, and 3. Preservation of the state. Laws also function to maintain order in society and protect civil liberties of citizens. This is important, as citizens must have faith that the judicial system will function as designed and that the system is designed to ensure all citizens receive equal and fair treatment.
Subdivisions of public law in which a forensic accountant might perform an engagement include the following: 1. Tax law—a codified system through which a government generates revenue. Labor law—a set of laws and regulations that establish the legal rights of individuals and organizations in the marketplace. Divorce law—dissolves a marriage and sets forth how the rights of each party are protected.
Bankruptcy law—helps people who are unable to pay their obligations debts to achieve a fresh start by eliminating debt through the sale of assets. Securities law—laws and regulations aimed at ensuring fairness in the buying and selling of securities.
The categories of private law in which a forensic accountant might be engaged are: 1. Contract law—serves to make agreements enforceable and thereby helps promote the exchange of goods and services in an economy. Tort law—deals with civil wrongs, where an action of one party harms another.
Property law—deals with ownership rights related to real and personal property. Agency law—deals with all aspects of relationships that occur when one person agent acts for, or represents, the interests of another principal. Partnership law—laws that deal with rights and obligations of a group that bands together for the purpose of promoting a product, service, or idea. Corporate law—deals with the rights and obligations that set forth how all stakeholders to a legal entity interact with such entity.
Sale law—deals with the exchange of goods and services for value given and received. Ways in which the U.
The law is not fast. Investigations, discovery, and the trial itself can take from several months to several years. The discovery process requires that both sides know what will be entered as evidence and testimony at trial. TV shows are about drama and entertainment, whereas actual trials are about routine and presentation.
Jury selection and opening remarks are the most important parts of a real trial, not cross-examination and closing arguments as shown on TV. The role of the jury is not passive, since jurors, as the triers of fact, must engage in active listening in order to determine who and what to believe.
The three stages of a civil trial are: pleading, discovery, and trial. Pleading starts with the filing of a complaint that identifies the parties, outlines the proposed violation and alleged facts, and presents a demand for relief. Once a defendant has been served with the complaint, there is a limited amount of time to respond or file an answer.
The answer addresses each paragraph of the complaint by admitting, denying, or stating the person lacks sufficient knowledge to respond. The answer also asserts affirmative defenses. Discovery allows for the gathering of information from the opposing party as well as third-party witnesses.
Information is typically gathered discovered via a request for production of documents, subpoenas, interrogatories, and depositions. The discovery process in a civil case is governed by the Rules of Civil Procedure. Following jury selection, both sides make their opening arguments statements. The first to present is the plaintiff, followed by the defendant.
After opening arguments, the plaintiff presents witnesses evidence , followed by the defendant. After all the witnesses have testified and the documentary evidence has been admitted by the court, the parties present closing arguments.
Following closing arguments and instructions by the court, the case goes to the jury for deliberation. The jury deliberates and returns a verdict. A complaint is a formal document filed by a party who believes he or she has been harmed by an action, or lack of action, of another party. A complaint sets forth the proposed violations, alleged facts, and a demand for relief.
See example in the appendix to this chapter. An answer addresses each paragraph of a complaint by admitting, denying, or stating that there is a lack of sufficient knowledge to respond. An answer also asserts affirmative defenses. Discovery allows for the gathering of information from an opposing party as well as from third-party witnesses.
A complete statement of all opinions the witness will express and the basis and reasons for those opinions. The facts or data considered by the witness in forming an opinion. Any exhibits that will be used to summarize or support an opinion. The witness's qualifications, including a list of all publications authored in the previous ten years. A list of all other cases in which, during the previous four years, the witness testified as an expert at trial or by deposition. A statement of the compensation to be paid for the study and testimony in the case.
Description For courses in Forensic Accounting An inside view into the practice of forensic accounting As a result of increased litigation and regulatory enforcement, the demand for forensic accountants has never been higher. This area of specialty is considered the top niche market in the accounting profession.
The new Forensic Accounting is the first text of its kind to provide a comprehensive view of what forensic accountants actually do and how they do it. With experience as both practitioners and educators, authors Robert Rufus, Laura Miller, and William Hahn offer a unique perspective that bridges the gap between theory and practice. They present concepts in the context of a scientific approach, emphasizing critical thinking, reasoning, and problem solving—skills that are useful in a wide variety of academic and professional environments.
And because its content is consistent with the AICPA curriculum for the Certified in Financial Forensics CFF credential, this text gives your students a head start on the path toward career advancement. Forensic Accounting facilitates an outstanding teaching and learning experience—for you and your students. Armed with these core skills, students can use this text as a springboard for developing both fundamental and specialized forensic knowledge.
Students must build a strong knowledge base in these areas to be prepared for forensic accounting practice.. According to recent AICPA surveys, these areas comprise the vast majority of actual forensic accounting engagements.
Offer an inside view into forensic accounting practice A case-based instructional design provides situational context for course material that increases student understanding and facilitates the integration and application of diverse concepts. Each chapter is accompanied by a case that highlights key issues addressed in the chapter. References to the case are included throughout the body of each chapter, and the case is revisited in the end-of-chapter exercises, helping students to focus on the case as they work through the chapter.
Moreover, records of some cases are available in the public domain, allowing students to exercise their research skills in gathering additional information. This area of specialty is considered the top niche market in the accounting profession. The new Forensic Accounting is the first text of its kind to provide a comprehensive view of what forensic accountants actually do and how they do it.
With experience as both practitioners and educators, authors Robert Rufus, Laura Miller, and William Hahn offer a unique perspective that bridges the gap between theory and practice.
They present concepts in the context of a scientific approach, emphasizing critical thinking, reasoning, and problem solving-skills that are useful in a wide variety of academic and professional environments.
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