Certified Fraud Examiner - LAW: CFE-LAW

Which of the following is NOT a legal element that must be shown to prove a claim for fraudulent misrepresentation of material facts?

A. The victim suffered damages as a result of the misrepresentation.

B. The defendant acted negligently.

C. The victim relied on the misrepresentation.

D. The defendant made a false statement (i.e., a misrepresentation of fact).

Smith, a Certified Fraud Examiner (CFE), works for the ABC Company a private entity that operates in a jurisdiction with civil laws for defamation, invasion of privacy, and conflict of interest. Smith seizes and searches the personal smartphone of Green, an employee of ABC, even though Green was not suspected of any wrongdoing. Assuming that Green had a reasonable expectation of privacy in the smartphone and Smith conducted the search without a legitimate interest or authority, under which of the following claims would Green MOST LIKELY be able to recover damages against Smith?

A. Slander

B. Intrusion into Green's private matters

C. Conflict of interest

D. Public disclosure of private facts

Which of the following typically does NOT have to be present for communications between an attorney and the attorney's client to be protected by a legal professional privilege?

A. Communication between a legal advisor and a client

B. Purpose of the communications was to seek or provide legal advice

C. A lawsuit has been filed

D. Intent to keep the communications confidential