In this assignment, students are required to demonstrate their understanding of how to analyse and interpret the rules of evidence and the role of the forensic accountant as an expert witness, including their professional/ethical responsibility and legal liability, identify and review the core procedural and substantive aspects of civil and criminal litigation processes including discovery and subpoenas and understand the relevance of procedure and evidence to judicial decision-making, and evaluate legal processes of resolution of claims including alternate dispute resolution and analyse the role of the forensic accountant in legal support services.
Students must also show evidence of research.
This Assessment Task relates to the following Learning Outcomes:
Analyse and interpret the rules of evidence and the role of the forensic accountant as an expert witness, including their professional/ethical responsibility and legal liability.
Identify and review the core procedural and substantive aspects of civil and criminal litigation processes including discovery and subpoenas and understand the relevance of procedure and evidence to judicial decision-making.
Evaluate legal processes of resolution of claims including alternate dispute resolution and analyse the role of the forensic accountant in legal support services.
READ THE CASE STUDY THAT IS PROVIDED AND ANSWER THESE QUESTIONS:
1. Identify and explain five legal issues with Stacey’s letter requesting preliminary discovery of documents (addressing both the format and contents) (10 marks)
2. Identify and explain three issues with the scope of work Stacey has requested from the forensic accountant (6 marks)
3. Identify and explain the type of forensic accounting services the forensic accountant is providing Stacey (2 marks)
4. Explain the steps between a police complaint and the laying of criminal charges (2 marks)
5. Which type of Alternative Dispute Resolution would you recommend Stacey to pursue to try and resolve her issue? In providing your response, explain the suitability of your chosen method, how the process works and highlight any deficiencies in the process. (8 marks)
6. Assuming the ADR process was not successful, for each of the six dates above, identify the document created and/or sent and explain which documents will and will not be classified as privileged. (12 marks)
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