Deck 10: Criminal Law and Cyber Crime

Question 1

A crime is punishable, in some cases, by death.

Answer 1

True

Question 2

A statute that prohibits theft by means of false pretenses usually applies only to goods, not to services or cash.

Answer 2

False

Question 3

To constitute the crime of bribery, the bribe must consist of money.

Answer 3

False

Question 4

Most crimes require an act of commission.

Question 5

Crimes are offenses against society as a whole.

Question 6

Embezzlement includes the making or altering of any writing in a way that changes the legal rights and liabilities of another.

Question 7

The most potent weapons against white-collar criminals include the federal laws prohibiting mail and wire fraud.

Question 8

In a criminal case, typically only three-fourths of the jurors need to agree in order to convict the defendant.

Question 9

An act of omission cannot be a crime.

Question 10

Crimes are sometimes prosecuted by crime victims rather than by a public official.

Question 11

Every criminal statute prohibits certain behavior.

Question 12

In a criminal case, the defendant must convince the court that based on the evidence it is more likely than not that the defendant is not guilty.

Question 13

In a criminal case, the state must prove its case beyond a reasonable doubt.

Question 14

An illegal act committed by a business using nonviolent means to obtain a business advantage is a white-collar crime.

Question 15

Bribing foreign officials to obtain favorable business contracts is no crime.

Question 16

Larceny involves force or fear, but robbery does not.

Question 17

A specified state of mind, or intent, is not necessary to establish criminal liability.

Question 18

The attempt to influence a public official to act in a way that serves a private interest is no crime.

Question 19

One of the purposes of criminal law is to compensate the victims.

Question 20

Fraudulent appropriation of another's property with which a person has been entrusted is the crime of receiving stolen goods.

Question 21

Warrants are required for searches of businesses in highly regulated industries.

Question 22

A corporation can refuse to produce business records that might subject the firm to criminal prosecution.

Question 23

The Computer Access Device and Computer Fraud and Abuse Act prohibits cyber theft.

Question 24

Hua is arrested at a warehouse in Industry Park and is charged with the crime of theft. Hua will be prosecuted by

A) the victim of the crime.
B) a district attorney or an attorney general.
C) a judge.
D) a jury.

Question 25

A criminal defendant has the right to confront accusers and to present his or her own witnesses.

Question 26

A belief in the possibility that a person committed a crime is sufficient probable cause to support the issuance of an arrest warrant.

Question 27

It is not a crime to use income obtained from racketeering activity to buy an interest in a legitimate enterprise as long as the deal is otherwise legal.

Question 28

A state's prosecution of a crime prevents a separate federal prosecution relating to the same activity.

Question 29

If the evidence of a defendant's guilt was obtained improperly, it normally cannot be used against the defendant in court.

Question 30

Andy causes a disturbance at Brew Pub. He is arrested and charged with disorderly conduct, a crime punishable by imprisonment up to one year. This crime is

A) a misdemeanor.
B) a felony.
C) a civil wrong.
D) a tort.

Question 31

The Fourth Amendment protects only against searches that violate a person's reasonable expectation of privacy.

Question 32

Kohl receives from Lily a camera stolen from Mark. Kohl knows that the camera is stolen, and he intends to keep it. Kohl is

A) tortiously liable.
B) civilly liable.
C) criminally liable.
D) contractually liable.

Question 33

Malware is a hacker whose purpose is to create a serious negative impact.

Question 34

A person who accesses a computer online without authority to obtain protected data is subject to criminal prosecution.

Question 35

Phishing is a distinct form of identity theft and cyber fraud.

Question 36

All courts use the same test for legal insanity.

Question 37

A mistake of fact can often excuse criminal responsibility.

Question 38

Rosa, who operates a Street Tacos restaurant in her apartment, is charged with criminal violations of the local health and building codes, state license regulations, and federal environmental statutes. To obtain a conviction, the prosecution must

A) convince the court it is more likely than not that the charges are true.
B) show the evidence as reasonably permitting a guilty verdict.
C) prove beyond a reasonable doubt that Rosa committed every essential element of an offense.
D) persuade three-fourths of the jurors to agree on a guilty verdict.

Question 39

Sam, driving under the influence, causes a car accident that results in the death of Tanya. Sam is arrested and charged with a crime punishable by imprisonment for more than a year. This crime is

A) a misdemeanor.
B) a felony.
C) a civil wrong.
D) a tort.

Question 40

The U.S. Constitution provides safeguards that apply not only in federal but also in state courts.

Question 41

Esau works for Family Dwellings Inc., an investment firm that buys, renovates, and rents foreclosed houses. Esau steals his employer's digital files to start his own competing business, Good Homes LLC. This is

A) wire fraud.
B) robbery.
C) larceny.
D) no crime.

Question 42

Bert pushes Connie to the ground, grabbing her phone as she falls. The use of force or fear is required for this act to constitute

A) embezzlement.
B) any crime.
C) larceny.
D) robbery.

Question 43

Olinda, an employee of People's Bank, deposits into her account checks entrusted to the bank through its ATM system by customers to deposit into their accounts. This is

A) robbery.
B) embezzlement.
C) larceny.
D) wire fraud.

Question 44

The Racketeer Influenced and Corrupt Organizations Act is an effective tool in attacking

A) criminal activities occurring online.
B) businesspersons who use bribery to secure foreign contracts.
C) defenses that excuse criminal behavior.
D) certain white-collar crimes.

Question 45

Seymour is accused of a crime. To obtain information about the crime from Seymour, the state can

A) bribe Seymour in a way that serves the public interest.
B) force Seymour to provide information that can be used to prosecute him.
C) grant Seymour immunity from prosecution.
D) none of the choices.

Question 46

Beau devises a scheme to send fraudulent e-mails-claiming that an arrest warrant has been issued for non-payment of taxes-to individual taxpayers. By these false pretenses, Beau intends to obtain money and personal data. This is

A) robbery.
B) wire fraud.
C) larceny.
D) no crime.

Question 47

Dean solicits investors for a nonexistent business, eApps. Dean is arrested and charged with "mail fraud." This requires intent to

A) claim that an item is "in the mail" when it is not.
B) defraud postal authorities.
C) use the U.S. mail.
D) defraud the public.

Question 48

Franny is charged with a crime. Almost all federal courts and some state courts would not hold Franny liable if, at the time of the offense, as a result of a mental disease or defect, she lacked substantial capacity to obey the law and to appreciate

A) the power of the police.
B) the authority of the court.
C) the wrongfulness of her conduct.
D) the fruits of his crime.

Question 49

Khan, the owner of Lakeside Park, trusts Moira to manage the resort's daily cash flow. One night, without Khan's knowledge or consent, Moira takes and keeps $1,000 from the receipts. This is most likely

A) robbery.
B) embezzlement.
C) larceny.
D) no crime.

Question 50

Kim takes off her ring and places it on her desk while she works. Without her knowledge or consent, her coworker Lum picks up the ring, puts it on, and walks away. Lum has likely committed

A) robbery.
B) embezzlement.
C) larceny.
D) no crime.

Question 51

Bruno buys and sells stocks and bonds. Bruno may be subject to penalties under the Racketeer Influenced and Corrupt Organizations Act

A) for making an unprofitable, but legal, investment.
B) for the commission of securities fraud.
C) only if the situation involves a "racket."
D) only in the circumstances constitute organized crime.

Question 52

A speedy trial, a trial by jury, a public trial, and the right to confront witnesses are guaranteed by

A) the Fourth Amendment.
B) the Fifth Amendment.
C) the Sixth Amendment.
D) state law, not the U.S. Constitution

Question 53

Traditionally, the hundreds of thousands of acts defined as criminal in federal, state, and local laws have been grouped into broad categories, including

A) private crime.
B) public crime.
C) property crime.
D) personal crime.

Question 54

Bud works at a Cheap Stuff Store from which, without authorization, he takes merchandise that he has not paid for home for his own use. This is

A) robbery.
B) embezzlement.
C) larceny.
D) no crime.

Question 55

Chic signs Del's name, without authorization, to the back of Del's paycheck, which was issued by Earth Foods Market. This is

A) no crime.
B) forgery.
C) larceny.
D) robbery.

Question 56

Luz is an employee of Motor Parts, an auto parts store. On the orders of his employer, he switches trademarks on parts that come into the store to be sold to consumers. This is most likely

A) forgery.
B) larceny.
C) robbery.
D) no crime.

Question 57

Syd offers Tina, a city inspector, money to overlook health code violations in his restaurant. Tina accepts the money and overlooks the violations. Syd is charged with the crime of bribery. The crime occurred when

A) the health code was violated.
B) the bribe was offered.
C) the bribe was accepted.
D) the violation was overlooked.

Question 58

Quint, an employee of Reservations Inc. pays Siena, an employee of Reservations' competitor Travel Inc., for a list of Travel's clients. This is most likely

A) bribery of a public official.
B) commercial bribery.
C) bribery of a foreign official.
D) no crime.

Question 59

Zoey is accused of auto theft. She refuses to give information related to her alleged criminal activities because she suspects it will be used to prosecute her. This is

A) a mistake of fact.
B) entrapment.
C) the privilege against self-incrimination.
D) ignorance of the law.

Question 60

Niles enters Omelet Café and points a gun at the cashier Pico. Niles forces Pico to open the register and give him all the money. Niles will most likely be charged with

A) robbery.
B) obtaining property by false pretenses.
C) larceny.
D) receiving stolen property.

Question 61

Riley commits an act via e-mail against State Bank, a business in Texas, where the act is a cyber crime. Riley resides in Utah where the act is not a crime. Prosecution of Riley in Texas involves questions of

A) jurisdiction.
B) "maximum contacts."
C) the immunity of Internet service providers.
D) encryption.

Question 62

Posing as eBank, Frank e-mails Grace, asking her to update her credit-card information through a link in the e-mail. She clicks on the link and types in the data, which Frank promptly sells to Hector. This is

A) hacking.
B) no crime.
C) phishing.
D) cyberterrorism.

Question 63

Raul uses social media to post links that, when clicked, secretly install software on others' computers without the owners' knowledge Raul's software is designed to harm or disrupt the computers. This program is

A) malware.
B) a phish.
C) entrapment.
D) larceny.

Question 64

Dru e-mails Ester, promising her a percentage of the amount in a foreign bank account if she will assist in transferring the funds to a U.S. bank account. Ester forwards her account number, but the funds are never sent. Instead, Dru quickly withdraws the funds in Ester's account. This is

A) no crime.
B) identity theft.
C) phishing.
D) hacking.

Question 65

Beca, a computer operator for Cloud Corporation, is arrested in her employer's parking lot on suspicion of larceny. Beca must be informed of her right to

A) a trial by jury.
B) punishment.
C) question witnesses.
D) remain silent.

Question 66

Via the Internet, Britta enters false code into the computer control system of Chicken Company, a food maker, to alter the levels of ingredients so that consumers of the food become ill. Britta is

A) a cyberterrorist.
B) a phisher.
C) malware.
D) a prosecutor.

Question 67

Cloud Computing Services, Inc., suffers a security breach in its computer network. Before the company discovers the breach, the perpetrator obtains a large amount of confidential data, including corporate financial records, marketing plans, and other sensitive information. Has a crime been committed? If so, what are its elements? What steps might Cloud take to ensure that going forward only authorized users access the data on its computers? Whose efforts-those of the federal government or Cloud-are more important in securing the company's computer infrastructure, and why?

Question 68

Honi puts up a collection of sports memorabilia for bids on InstaBuy, an auction website. Jay makes the highest bid and sends the payment, which Honi receives, but she does not send the collection. This is

A) no crime.
B) identity theft.
C) phishing.
D) cyber fraud.

Question 69

Lloyd is accused of a crime. Evidence of his allegedly criminal activities can be excluded from a trial

A) if the evidence will be used to prosecute him.
B) if the police do not promise to keep the evidence confidential.
C) if the evidence is "fruit of the poisonous tree."
D) under no circumstances.

Question 70

Evita, a police officer, wants to search the offices of Debit & Credit, Accountants. She asks Judge Bern to issue a warrant. No warrant for a search can be issued without

A) double jeopardy.
B) probable cause.
C) reasonable doubt.
D) immunity.

Question 71

Enrique accesses Finance Bank's computer system without authority to obtain protected financial records. Under federal law, this is

A) a felony if it was done for a commercial purpose.
B) a felony if the bank brings a civil suit against Enrique.
C) not a crime.
D) a crime but not a felony.

Question 72

Cameo is an accountant in the accounting department of Data Analytics Inc. Cameo's son's college tuition is due within a week, or he cannot continue taking classes. To meet the due date, Cameo transfers funds from Data Analytics to a fictitious bank account, planning to repay the firm within one month. The transfer is discovered before the firm is repaid, and Cameo is arrested. What crime, or crimes, if any, has Cameo committed? Explain.