ACFE Exam CFE-Law Topic 3 Question 46 Discussion

Actual exam question for ACFE's CFE-Law exam

Question #: 46
Topic #: 3

Which of the following statements about the appeals process in cranial cases is MOST ACCURATE?

AIn common law jurisdictions, appellate courts are generally not permitted to make their own factual determinations when reviewing a case

BIn civil law jurisdictions appellate courts are generally not permitted to make their own legal conclusions when reviewing a case

CAppellate courts will usually hear an appeal even if the petition was not filed in a timely manner

DAppellate courts will usually reverse a conviction even if the trial court's error did not affect the outcome of the case

Show Suggested Answer

Suggested Answer: A

by Camellia at Sep 19, 2024, 08:45 AM

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Lonny

2 months ago

Haha, imagine an appellate court just rolling dice to decide cases. 'Oops, looks like we have to reverse that conviction. Sorry, trial judge, better luck next time!'

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Justa

2 months ago

D) is just plain wrong. Appellate courts won't overturn a conviction just because of a harmless error. The error has to have actually affected the outcome.

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Loren

2 months ago

I'm going with C). Appellate courts usually give you a chance to appeal, even if you missed the deadline. Better late than never, right?

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Eun

19 days ago

User3: Yeah, better late than never when it comes to appeals.

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Alyssa

22 days ago

User2: I agree, appellate courts usually hear an appeal even if it's not filed on time.

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Josue

1 months ago

I think C) is the most accurate statement.

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Cristal

2 months ago

But appellate courts usually don't hear an appeal if the petition was not filed in a timely manner, so I still think A is correct.

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Shawna

2 months ago

I disagree, I believe it's C.

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Vince

2 months ago

B) makes sense to me. In civil law countries, the appellate court's job is to check the legal reasoning, not the facts found by the lower court.

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Lavera

1 months ago

D) Appellate courts will usually reverse a conviction even if the trial court's error did not affect the outcome of the case

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Brock

1 months ago

C) Appellate courts will usually hear an appeal even if the petition was not filed in a timely manner

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Corinne

2 months ago

B) In civil law jurisdictions appellate courts are generally not permitted to make their own legal conclusions when reviewing a case

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Lorriane

2 months ago

A) In common law jurisdictions, appellate courts are generally not permitted to make their own factual determinations when reviewing a case

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Cristal

2 months ago

I think the most accurate statement is A.

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Rolland

3 months ago

A) sounds about right. Appellate courts in common law systems typically don't re-evaluate the facts, they just look at whether the law was applied properly.

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Hobert

2 months ago

D) Appellate courts usually only reverse a conviction if the trial court's error had a significant impact on the outcome of the case.

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Alisha

2 months ago

C) I think it's important to file appeals in a timely manner to have a better chance of being heard by the appellate court.

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Remona

2 months ago

B) That's true. In civil law jurisdictions, appellate courts focus more on legal errors rather than factual determinations.

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Delila

2 months ago

A) sounds about right. Appellate courts in common law systems typically don't re-evaluate the facts, they just look at whether the law was applied properly.

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