A plaintiff brought a civil action against a defendant for the embezzlement of funds missing...
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Accounting
A plaintiff brought a civil action against a defendant for the embezzlement of funds missing from a trust account, for which the defendant also is being investigated by the district attorney. At trial, the plaintiff calls the defendant as an adverse witness and asks him one question, Is it not true that you embezzled funds from the trust? The defendant refuses to answer, claiming privilege against self-incrimination. The trial court should: a. Order him to disclose to the court in camera (judge's chambers) what happened to the missing funds so that the court can determine whether he reasonably fears prosecution for a crime b. Order him to answer because the privilege against self- incrimination does not not apply in civil proceedings c. Sustain his claim of privilege, because no witness can be compelled to answer Questions that may tend to incriminate d. Sustain his claim of privilege because he is a likely subject of criminal prosecution
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