About this exam
CFE-Law is the ACFE exam CFE Law.
Paid practice material for this exam is not available yet, but you can try its free sample questions.
- Exam code
- CFE-Law
- Vendor
- ACFE
- Practice questions
- Not available yet
- Free sample questions
- 4
- Question bank last updated
- Not available yet
Try 2 sample questions
Taken from the free sample set for CFE-Law.
Question 1
Which of the following is a legal element that must be shown to prove a claim for commercial
bribery?
- AOption A:
The defendant acted negligently
- BOption B:
The principal suffered damages as a result of the bribe
- COption C:
The defendant gave or received a thing of value.
- DOption D:
The defendant failed to exercise due care.
Show answer and explanation
Correct answer: B
To establish commercial bribery, one of the essential legal elements is that something of value was offered, given, solicited, or received to improperly influence the recipient's actions without the knowledge or consent of the principal.
Typical elements include:
A thing of value is offered, given, or received.
The purpose is to improperly influence the recipient.
There is a breach of the recipient's duty or loyalty to the principal.
The transaction is conducted without the principal's informed consent.
Option Analysis
A. The defendant acted negligently. ❌
Negligence is not an element of commercial bribery.
Bribery involves intentional misconduct, not carelessness.
B. The principal suffered damages as a result of the bribe. ❌
While damages may be relevant in some civil lawsuits, actual damages are not a required legal element to establish that commercial bribery occurred.
A bribery offense can exist even if the principal cannot prove financial loss.
C. The defendant gave or received a thing of value. ✅ Correct
This is a fundamental element of commercial bribery.
The "thing of value" may be money, gifts, travel, entertainment, favors, or other benefits.
D. The defendant failed to exercise due care. ❌
Failure to exercise due care relates to negligence, not bribery.
Why your answer key may show B
If your study material marks B as correct, it is likely referring to the requirements for a specific civil claim for damages under a particular jurisdiction. However, in ACFE/CFE materials, the essential element of commercial bribery is the giving or receiving of a thing of value to improperly influence another person's actions.
For CFE/ACFE exam purposes, the accepted answer is: ✅ C. The defendant gave or received a thing of value.
Question 2
During a trial in an adversarial system, an attorney calls an expert witness to the stand and asks,
"Could you please describe the procedures you performed in your examination?" Based on this
question, which type of testimony is MOST LIKELY being presented?
- AOption A:
Request for admission
- BOption B:
Cross-examination
- COption C:
Impeachment
- DOption D:
Direct examination
Show answer and explanation
Correct answer: D
The attorney asks:
"Could you please describe the procedures you performed in your examination?"
This is an open-ended question asked by the attorney who called the expert witness. Such questions are characteristic of direct examination, where the goal is to allow the witness to explain their findings and establish credibility.
Option Analysis
A. Request for admission ❌
A pre-trial discovery tool.
It is not testimony given during a trial.
B. Cross-examination ❌
Conducted by the opposing attorney after direct examination.
Questions are often leading (e.g., "Isn't it true that...?") and aim to challenge or test the witness's testimony.
C. Impeachment ❌
A technique used to attack a witness's credibility.
It is not a type of examination itself.
D. Direct examination ✅ Correct
Conducted by the attorney who called the witness.
Uses open-ended, non-leading questions.
Allows the witness to explain facts, methods, and conclusions.
Why B is incorrect
If the attorney had asked:
"Isn't it true that you failed to examine the bank records?"
that would be cross-examination because it is a leading question designed to challenge the witness.
Here, the attorney is simply asking the expert to describe the procedures performed, which is classic direct examination.
Exam Tip
Direct examination = Your own witness + open-ended questions.
Cross-examination = Opposing witness + leading questions.
Impeachment = Challenging credibility.
Request for admission = Pre-trial discovery.
✅ Correct Answer: D. Direct examination.
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