Page 48 - Expert Witness

ceive. (3) Under the Model Penal Code, the act of fraudulently altering, authenticating, issuing,
or transferring a writing without appropriate authorization.

foundation (that is, basis and reasons for expert witness opinions). The basis on which something is
supported, especially evidence or testimony that establishes the admissibility of other evidence.

fraud. A knowing misrepresentation of the truth or concealment of a material fact to induce another
to act to his or her detriment.

FTP. Acronym for file transfer protocol. An Internet standard for the exchange of files. FTP (upper-
case) is a specific set of rules that comprise a file transfer protocol (note the lowercase letters).

FTP site. On the Internet, an Internet host running an FTP server that makes a large number of files
available for downloading.

grand jury. A body of people (often 23) who are chosen to sit permanently for at least 1 month —
and sometimes 1 year — and who, in ex parte proceedings, decide whether to issue indictments.

hearsay. Traditionally, testimony that is given by a witness who relates not what he or she knows
personally but what others have said and that is, therefore, dependent on the credibility of some-
one other than the witness. Such testimony generally is inadmissible under the rules of evidence.

hung jury. A jury that cannot reach a verdict by the required voting margin.

illegal. (1) Forbidden by law. (2) Unlawful.

indictment. The formal written accusation of a crime made by a grand jury and presented to a court
for prosecution against the accused person.

insolvency. (1) The condition of being unable to pay debts as they fall due or in the usual course of
business. (2) The inability to pay debts as they mature.

intellectual property. A category of intangible rights protecting commercially valuable products of
the human intellect.

integrated accounting package. An accounting package that includes all the following major ac-
counting functions: general ledger, accounts payable, accounts receivable, payroll, and invento-
ry. Integrated programs update the general ledger every time an accounts payable or accounts re-
ceivable transaction occurs.

interrogatories. Written questions submitted to an opposing party in a lawsuit as part of discovery.

investigation. A matter conducted in response to specific concerns of wrongdoing in which the
member is engaged to perform procedures to collect, analyze, evaluate, or interpret certain evi-
dential matter to assist the stakeholders (for example, client, board of directors, independent au-
ditor, or regulator) in reaching a conclusion on the merits of the concerns.

judgment. A court’s final determination of the rights and obligations of the parties in a case.

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