Question

1- Explain the differences between a civil trial and a criminal trial?

2- Outline the six major phases of litigation. Where would a forensic accountant do most of his or her work?

3- list the various types of pleadings?

11- What should be included in a written agreement by an accountant to perform litigation services for an attorney?

12- What is the difference between an expert witness and a lay witness?

19-What is a hold- harmless provision?

20- What is the Frye standard?

21- What is the Daubert standard?

Answer 1

Answer:

1.A civil trial involved parties of the government and an alleged law breaker and it is decided based on which side has the greatest preponderance of evidence in its favor,whereas criminal trials involved parties individual or groups and these are decided based on evidence of guilt or innocence beyond a reasonable doubt.

2. The six major phases of litigation are :1) pleadings,2) discovery,3) pre trail conferences,4) trail,5) outcome and 6) possible appeal. During the discovery phase,a forensic accounting does most of his or her work.

3. The various types of pleadings are: Complaint ( plaintiff files), Service of process (Served on defendant), Answer ( defendant must admit or deny allegations), Demurrer ( No cause of action exists), and Possible cross-complaints ( Defendant files).

11. * The name of the attorneys client

* The litigants names and places for the legal proceeding.

* The nature of the litigation services to be performed.

* Whether the practitioner will be asked to testify as an expert witness.

* What restrictions will be imposed on use and disclosure of the practitioners

work.

* Whether the practitioner had any conflicts of interest with the litigants and/or

their attorneys.

* Whether the practitioner's work will be protected by the attorney work product

previlege.

* Circumstances under which the practitioner may terminate his or her

engagement.

* Free.

12. The major difference between these two types of witnesses is personal knowledge. While experts May use their knowledge or skill to draw conclusions; Lay witnesses can only base their opinions on information they personally observed.

19.  A hold- harmless provision is a statement in a contract that absolves one or both parties to the agreement from liability for any injuries or damage.it is an agreement under which one or both parties agree not to hold the other party responsible for any loss, damage,or legal liability . In effect , this provision indemnifies the parties on a unilateral or resiprocal basis.

20. The Frye standard is used as the basis if a piece of evidence, that could be won on the basis of a specific procedure, should be allowed in court.the frye standard to one embracing a more hands on gate keeper function for the trail. The Frye test is applied to determine the admissibility at trail of expert.

21. Daubert standard is the standard used by a trail judge to Assess whether an expert witnesses scientific testimony is based on scientifically valid reasoning that which can properly be applied to the facts at issue.