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Exam CFE - Law topic 1 question 19 discussion

Actual exam question from ACFE's CFE - Law
Question #: 19
Topic #: 1
[All CFE - Law Questions]

In most civil law jurisdictions, which of the following BEST describes when a party is required to begin taking steps to preserve and produce relevant evidence?

  • A. When the charging documents are filed
  • B. When the party receives a service of process
  • C. When litigation has started
  • D. When the court orders such steps to be taken
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Suggested Answer: D 🗳️

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raochavan
1 month ago
Selected Answer: C
In civil law systems, the obligation to preserve evidence is typically triggered when litigation formally begins. This usually happens when a claim is filed or when formal court proceedings are initiated. Unlike common law jurisdictions, where discovery obligations may begin earlier (such as upon receiving a service of process), civil law systems often rely on judicial control over the evidence-gathering process.
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