Deck 7: Criminal Law and Cyber Crimes

Question 1

The offeror cannot be found liable for the crime of bribery if the person to whom the bribe is offered rejects the bribe.

Answer 1

False

Question 2

The government can forfeit any property involved in a money laundering offense.

Answer 2

True

Question 3

Criminal fraud is the crime of obtaining title to property through deception or trickery.

Answer 3

True

Question 4

If a defendant is found not guilty in a criminal case, the government can retry the case with a new jury.

Question 5

Persons injured by a RICO violation can bring a private civil RICO action against the violator.

Question 6

Crimes committed by businesspersons are referred to as blue-collar crimes.

Question 7

If the accused cannot afford a private defense lawyer, the government will provide one free of charge.

Question 8

The Racketeer Influenced and Corrupt Organizations Act (RICO)applies only to organized crimes.

Question 9

In a criminal lawsuit, the government is represented by a lawyer called defense attorney.

Question 10

A person charged with a crime in the United States is presumed guilty until proven innocent.

Question 11

In a criminal lawsuit, guilt has to be proven beyond any reasonable doubt.

Question 12

A civil lawsuit does not require a unanimous jury vote.

Question 13

The case against the accused is dismissed if neither an indictment nor information statement is issued.

Question 14

A crime is the violation of a statute for which the government imposes a punishment.

Question 15

Theft committed by an unauthorized entry through an unlocked door would be considered burglary.

Question 16

Monetary damages and equitable remedies are provided in a civil lawsuit.

Question 17

An indictment is a charge of guilt against the defendant.

Question 18

Extortion of public officials is called extortion under color of official right.

Question 19

A nolo contendere plea can be used as evidence of liability against the accused at a subsequent civil trial.

Question 20

Extortion of private persons is commonly referred to as blackmail.

Question 21

A defendant is protected by the Double Jeopardy Clause if his case reaches a hung jury.

Question 22

Who is the plaintiff in a criminal lawsuit?

A) the government
B) the respondent
C) a private party
D) the victim

Question 23

________ include environmental laws, securities laws, and antitrust laws and provide for criminal violations and penalties.

A) Constitutions
B) Regulatory statutes
C) Resolutions
D) Charters

Question 24

A suspect can assert his Fifth Amendment privilege even after he is given a grant of immunity.

Question 25

The exclusionary rule allows for evidences obtained from an unreasonable search and seizure to be introduced in trial.

Question 26

A person found speeding is considered to have committed a(n)________.

A) misdemeanor
B) felony
C) violation
D) indictable offence

Question 27

Corporations and businesses can seek protection under privilege against self-incrimination.

Question 28

A collection of criminal statutes is referred to as a(n)________.

A) bill
B) constitution
C) penal code
D) charter

Question 29

The attorney-client privilege can only be raised by the defendant.

Question 30

A(n)________ is considered a less serious crime; not inherently evil but prohibited by society; and is punishable by fines or imprisonment for one year or less.

A) misdemeanor
B) indictable offence
C) felony
D) violation

Question 31

Obtaining nontestimonial evidences like fingerprint and body fluids violates the privilege against self-incrimination provision.

Question 32

The Fifth Amendment protects people from unreasonable search and seizure by the government.

Question 33

Warrantless searches are permitted where it is likely that evidence will be destroyed.

Question 34

In a criminal conspiracy crime, the commission of the act is not necessary.

Question 35

The Fifth Amendment to the U.S. Constitution provides that no person shall be compelled in any criminal case to be a witness against himself.

Question 36

The Fourth Amendment protects people from being tried twice for the same crime.

Question 37

The Miranda Rights assures the arrested that a lawyer will be appointed to the arrested if he or she cannot afford one.

Question 38

A confession obtained from a person who has not been read the Miranda rights is not admissible in court.

Question 39

In the United States, what recourse does an accused person have in case he cannot afford a private defense lawyer?

A) He will have to spend his time in jail till he can collect enough money to afford one.
B) A public defender will be appointed to the accused by the government for a nominal fee.
C) He will have to defend himself when the trial starts.
D) The government will provide an attorney for the accused free of charge.

Question 40

________ are the most serious of crimes, and are considered to be inherently evil.

A) Felonies
B) Infractions
C) Misdemeanors
D) Summary offences

Question 41

Which of the following crimes is an example of a white-collar crime?

A) battery
B) larceny
C) arson
D) forgery

Question 42

A(n)________ is a document for a person's detainment, based on a showing of probable cause that the person committed a crime.

A) arrest warrant
B) possessory warrant
C) no-knock warrant
D) execution warrant

Question 43

Roland and Kelly were involved in a car accident in which Kelly was badly injured and had to be hospitalized. After the accident was investigated, it was found that Roland's negligence was the cause of the accident. Duly, he was charged with reckless driving, a crime. What course of action should Roland take to avoid being sued by Kelly, holding him liable for her injuries and subsequent hospital bills?

A) plead not guilty and go to trial
B) enter into a plea of nolo contendere
C) plead guilty and serve the punishment set by the government, as this will suffice as the all-binding punishment for the crime
D) enter into a plea bargain with the government and pay a nominal penalty set by the government

Question 44

A(n)________ is a charge of having committed a crime, usually a felony, based on the judgment of a grand jury.

A) arraignment
B) information statement
C) indictment
D) plea

Question 45

________ is the fraudulent conversion of property by a person to whom that property was entrusted.

A) Embezzlement
B) Bribery
C) Forgery
D) Extortion

Question 46

________ is a crime in which one person gives another person money, property, favors, or anything else of value for a favor in return.

A) Bribery
B) Battery
C) Embezzlement
D) Larceny

Question 47

When is a criminal said to be judgment proof?

A) when the criminal has not been read his Fifth Amendment rights prior to his arrest
B) when the criminal does not have the money to pay a civil judgment
C) when the criminal is found to be unfit to go to prison
D) when the criminal has been deemed to be insane

Question 48

A jury that cannot come to a unanimous decision about the defendant's guilt is called a(n)________.

A) grand jury
B) open jury
C) struck jury
D) hung jury

Question 49

The fraudulent making or alteration of a written document that affects the legal liability of another person is called ________.

A) larceny
B) extortion
C) forgery
D) embezzlement

Question 50

What is the necessary condition for an accused person to be found guilty by a jury?

A) The jury's guilty verdict has to be approved by the presiding judge.
B) At least half the jurors have to find the defendant guilty of the crime.
C) More than 50 per cent of the jurors have to find the defendant guilty of the crime.
D) All the jurors have to unanimously agree that the defendant is guilty of the crime.

Question 51

Tim Talon has been found by a court of law to be guilty of reckless driving and killing a pedestrian as a consequence. His defense was that he was driving under the influence of alcohol and lost control of his automobile. He was subsequently punished for his crime. How would the court classify Tim Talon's case for intent?

A) general intent crime
B) criminal intent crime
C) specific intent crime
D) nonintent crime

Question 52

The wrongful or fraudulent taking of another's personal intangible properties like trade secrets, computer programs, and other business property is considered as a(n)________.

A) robbery
B) larceny
C) aggravated robbery
D) aggravated burglary

Question 53

What is nolo contendere in legal proceedings?

A) a plea by which the defense attorney sets out reasons as to why the case should not go to trial
B) a plea where the accused agrees to the imposition of a penalty but does not admit guilt
C) a plea by which the defense attorney exhibits evidences that the defendant is not fit to stand for trial
D) a guilty plea where the defendant does not admit the act and asserts innocence though there is sufficient evidence against the defendant

Question 54

________ crimes require that the perpetrator either knew or should have known that his or her actions would lead to harmful results.

A) Nonintent
B) Specific intent
C) General intent
D) Explicit intent

Question 55

At what stage of the criminal procedure is the accused asked to enter a plea?

A) when the accused is taken to an arraignment
B) while an indictment or information statement is being issued
C) when the accused is being booked
D) when the accused is being arrested

Question 56

Which of the following is a difference between indictments and information statements?

A) Indictments are issued before a trial, while an information statement is issued after a trial.
B) Indictments are issued by a grand jury, while an information statement by a magistrate.
C) Information statements are issued to dismiss a case before it goes to trial, while an indictment is issued to bring a case to trial.
D) Information statements are issued without determining guilt, while an indictment is issued where guilt is evident.

Question 57

The crime of ________ involves the obtaining of property from another, with his or her consent, induced by wrongful use of actual or threatened force, violence, or fear.

A) embezzlement
B) bribery
C) money laundering
D) extortion

Question 58

Which two elements are required to find a defendant guilty of an intent crime?

A) victim and criminal intent
B) motive and criminal intent
C) criminal act and criminal intent
D) criminal act and proof of gain

Question 59

________ is defined as the substantial likelihood that a person either committed or is about to commit a crime.

A) Preponderance of evidence
B) Reasonable doubt
C) Probable cause
D) Reasonable suspicion

Question 60

Where is the felony murder rule applied?

A) when the felon in the case was killed while the crime transpired
B) when the murder was committed without intent, while committing another crime
C) when the reason for the death is found to be involuntary manslaughter
D) when the crime involves the intended murder of another person

Question 61

Which of the following does the Money Laundering Act prohibit?

A) the use of mails or wires to defraud another person
B) knowingly engaging in a financial transaction involving the proceeds of an unlawful activity
C) obtaining property from another, with his or her consent, induced by wrongful use of actual or threatened force
D) the fraudulent conversion of property by a person to whom that property was entrusted

Question 62

In the above scenario, which of the following crimes has Rhonda Mason committed?

A) forgery
B) bribery
C) embezzlement
D) extortion

Question 63

Which of the following rights was provided under the Sixth Amendment?

A) double jeopardy
B) right to due process
C) right to public jury trial
D) right against self-incrimination

Question 64

Gregory Aimes, who is being tried for murder, has been appointed Linda Steve as an attorney for his defense. While questioning Gregory about the case, Linda gets a confession of murder from Gregory. Linda cannot divulge this information to the proper authorities due to the attorney-client privilege, wherein all information exchanged between client and attorney are confidential. Under which one of the following conditions can Linda lawfully break her attorney-client privilege with Gregory?

A) if Gregory discloses to Linda about a planned future murder
B) if Linda voluntarily resigns as Gregory's attorney
C) if Gregory asks that Linda be replaced as his attorney
D) if Gregory is acquitted in the case

Question 65

In the above scenario, what illegal activity did the financial accountant of the charity partake in?

A) larceny
B) bribery
C) extortion
D) embezzlement

Question 66

Which Fifth Amendment provision in the U.S. Constitution do the Miranda Rights refer to?

A) parole eligibility
B) privilege against self-incrimination
C) unreasonable searches and seizures
D) double jeopardy

Question 67

Which of the following Amendments protects criminal defendants from cruel and unusual punishment, and also protects criminals from torture?

A) Fifth Amendment
B) Eighth Amendment
C) Fourth Amendment
D) Fourteenth Amendment

Question 68

According to the ________, evidence obtained from an unreasonable search and seizure can generally be prohibited from introduction at a trial or an administrative proceeding against the person searched.

A) Miranda rights
B) exclusionary rule
C) presumption of innocence doctrine
D) double jeopardy rule

Question 69

Give an account of the Racketeer Influenced and Corrupt Organizations Act (RICO)in business law.

Question 70

The Double Jeopardy Clause of the Fifth Amendment protects persons from ________.

A) evidence procured through unreasonable search and seizures
B) being tried twice for the same crime
C) confessions obtained through physical force during an interrogation
D) being subjected to a heavier penalty or longer imprisonment than originally sentenced to

Question 71

What crime is Richard committing in converting his drug money to alleged legal money?

A) money laundering
B) misappropriation
C) extortion
D) embezzlement

Question 72

Under which of the following circumstances is a warrantless search permitted?

A) if there is no probable cause
B) if the suspect has been previously convicted
C) if evidence is not in plain view
D) if evidence is likely to be destroyed

Question 73

In the above scenario, which illegal activity are Rhonda and Frank guilty of when it came to using Dawson's money for the charity?

A) bribery
B) criminal conspiracy
C) extortion
D) forgery

Question 74

Mark and Jack work as clerks at the New Bank of North America, which they plan to rob. In order to plan and execute the robbery, Mark and Jack obtained the floor plans of the bank, studied security arrangements and movements of security personnel. They even got weapons, incase force is required, as they plan to rob the bank during working hours. But the police got information about the plan and arrested Mark and Jack, and thus prevented the robbery from taking place. Which of the following crimes have Mark and Jack committed?

A) criminal conspiracy
B) extortion
C) money laundering
D) larceny

Question 75

In the above scenario, which criminal activity is Frank engaging in when faking his father's signature?

A) embezzlement
B) forgery
C) bribery
D) extortion

Question 76

Why do governments and defendants enter into plea bargains?

Question 77

Which one of the following types of protection does the Fourth Amendment provide to U.S. citizens?

A) protection from cruel and unusual punishment for a criminal defendant
B) protection from unreasonable search and seizure by the government
C) protection against being tried for the same case twice
D) protection against self-incrimination

Question 78

Under which federal law would Richard be tried for his mob activities, if he were caught?

A) Counterfeit Access Device and Computer Fraud and Abuse Act
B) Identity Theft and Assumption Deterrence Act
C) Racketeer Influenced and Corrupt Organizations Act
D) Information Infrastructure Protection Act

Question 79

Explain the role of penal codes and regulatory statutes in criminal law.

Question 80

Which of the following would violate the Double Jeopardy Clause?

A) The government reopens a case after new incriminating evidence is found against an acquitted person.
B) A person is tried for a case similar to a case from which he was acquitted earlier.
C) A case reaches a hung jury in court and the government reopens the case with a new jury.
D) The criminal act violates more than one jurisdiction and each jurisdiction tries the accused in turn.