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The Litigation Side of Forensic Accounting Copyrighted 2001 D. Larry Crumbley, CPA, Cr.FA, CFD KPMG ... - page 35 / 275

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© D.L. Crumbley

Frequent Terms (9)

Pleadings – papers in court, with copies to other parties, in preparation for bringing or defending a lawsuit.

Scienter – with intent to deceive; with guilty knowledge.

Voir dire – jury selection process; lawyers and judges ask.

Actus reus – brought about the criminal act.

Mens rea – caused the criminal act with guilty knowledge; state of mind indicating culpability. Staples v. U.S., 511 U.S. 600 (1994).

Preponderance of the evidence – greater than 50%. Civil trial.

Clear and convincing evidence – ca 70%.

Beyond a reasonable doubt – greater than 95%. Criminal trial.

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