Deck 6: Criminal Law and Cyber Crime

Question 1

Ordinarily, "ignorance of the law" or a mistaken idea about what the law requires is a valid defense to criminal liability.

Answer 1

False

Question 2

Public officials prosecute criminal defendants.

Answer 2

True

Question 3

Criminal law spells out the duties that exist between persons or between citizens and their governments.

Answer 3

False

Question 4

​A misdemeanor is a crime punishable only by a fine.

Question 5

Felonies are punishable by imprisonment for more than a year or death.

Question 6

Changing a trademark is forgery.

Question 7

A wrongful mental state criminal intent or mens rea is typically required to establish criminal liability.

Question 8

Individuals who are arrested must be informed of certain constitutional rights.

Question 9

​A crime can be committed only against persons.

Question 10

​A kickback for a special favor or service is a form of bribery in some situations.

Question 11

Constitutional safeguards to protect the rights of individuals apply in federal courts.

Question 12

It is not a crime to defraud the public through the use of e-mail advertising.

Question 13

The sanctions imposed on criminal wrongdoers are the same as those applied in civil cases.

Question 14

Using social media to defraud is a federal crime.

Question 15

All persons who are arrested have the constitutional right to remain silent.

Question 16

A stolen credit card is more likely to hurt the cardholder than a merchant.

Question 17

In a phishing attack, the perpetrator "fishes" for financial data and passwords from a consumer by posing as a legitimate business.

Question 18

Corporations, like persons, can be liable for crimes.

Question 19

A person's intent to return embezzled property-or its actual return-is not a defense to the crime of embezzlement.

Question 20

Under the exclusionary rule, illegally obtained evidence may not be included in any criminal prosecution.

Question 21

It is a federal crime to use income obtained from racketeering activity to buy an interest in any enterprise.

Question 22

The purpose of the exclusionary rule is to encourage criminals to provide exclusive evidence of their crimes.

Question 23

​A cyber terrorist might target a government agency, but not a business.

Question 24

One purpose of criminal sanctions is to deter others from committing similar crimes in the future.

Question 25

Paxton uses social media to post links that, when clicked, secretly install software on hundreds of others' personal computers without their owners' knowledge Paxton's software is harmful to the computers on which he installed it. This program is​

A)malware.
B)badware.
C)harmware.
D)infectware.

Question 26

Herb, a computer programmer for Inventory Control Corporation, is arrested in his employer's parking lot on suspicion of larceny. Herb must be informed of his right to​

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

Question 27

A suspect cannot be tried twice in the same court for the same crime.

Question 28

The Fourth Amendment protects against unreasonable searches by the government.

Question 29

One element that normally must exist for a person to be convicted of a crime is the performance of a prohibited act.

Question 30

In a criminal case, the state must prove its case by a preponderance of the evidence.

Question 31

Sun-Hi, who operates a Pan-Asian restaurant in her apartment, is charged with criminal violations of the local health and building codes, state license regulations, and federal environmental statutes. The standard of proof to find a defendant who has been charged with a crime guilty is​

A)a preponderance of the evidence.
B)a unanimous verdict.
C)beyond a reasonable doubt.
D)clear and convincing evidence.

Question 32

A company takes a risk by storing its online customers' credit-card numbers.

Question 33

Picking pockets is not robbery.

Question 34

No federal statute specifically addresses cyber crime.

Question 35

Counterfeiting is robbery.

Question 36

Posing as Visa Bank, Walt e-mails Paulina, 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 Walt promptly sells to Ilana. This is​

A)hacking.
B)employment fraud.
C)phishing.
D)cyberterrorism.

Question 37

Edie uses television ads to defraud millions of people. She can most likely be charged with​

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

Question 38

Crimes occurring in a business context are popularly referred to as white-collar crime.

Question 39

Falsifying public records or altering a legal document is larceny.

Question 40

Embezzlement can be committed only by physically taking property from the possession of another.

Question 41

Mike is arrested at a warehouse in North Industrial Park and is charged with the crime of theft. Mike will be prosecuted by​

A)the owner of the warehouse.
B)the owner of the property that Mike is charged with stealing.
C)a public official.
D)any third party unrelated to Mike, the property, or the crime.

Question 42

Berto pushes Consuela to the ground, grabbing her smartphone as she falls. The use of force or fear is required for this act to constitute​

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

Question 43

​Kimberly, the owner of Little Cinema, trusts Max to manage the theater's daily cash flow. One night, without Kimberly's knowledge or consent, Max takes and keeps $1,000 from the receipts. This is most likely

A)embezzlement.
B)larceny.
C)robbery.
D)burglary.

Question 44

Frankie is accused of a crime. Frankie is given an opportunity to object to the charge before a judge. She is also given the opportunity to confront and cross-examine witnesses and to present her own witnesses. These procedures represent​

A)a reasonable expectation of privacy.
B)the prohibition against double jeopardy.
C)due process of law.
D)the privilege against self-incrimination.

Question 45

Dmitri sends e-mail to Eva Marie, 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. Eva Marie forwards her account number, but the funds are never sent. Instead, Dmitri quickly withdraws the funds in Eva Marie's account. This is​

A)hacking.
B)identity theft.
C)phishing.
D)cyber fraud.

Question 46

Maura enters a convenience store and points a gun at the clerk Nate. She forces Nate to open the cash register and give her all the money. Maura will most likely be charged with​

A)burglary.
B)robbery.
C)larceny.
D)receiving stolen property.

Question 47

Jade puts up a collection of sports memorabilia for bids on BuyBay, an Internet auction site. Khalil makes the highest bid and sends the payment, which Jade receives, but she does not send the collection. This is online​

A)hacking.
B)identity theft.
C)phishing.
D)cyber fraud.

Question 48

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

A)appreciate the wrongfulness of his conduct only.
B)appreciate the wrongfulness of his conduct and obey the law.
C)appreciate the wrongfulness of his conduct or obey the law.
D)obey the law only.

Question 49

Luc receives from Milo a marimba stolen from Nadine. To be criminally liable, Luc must know​

A)Milo.
B)Nadine.
C)that the marimba is stolen and Luc must intend to keep it.
D)what a marimba is.

Question 50

Domino causes a disturbance at El Nino Cafe. He is arrested and charged with disorderly conduct, a misdemeanor. A misdemeanor is a crime punish-able by​

A)a fine only.
B)imprisonment up to one year.
C)imprisonment up to six months.
D)imprisonment up to ten days.

Question 51

Skip is accused of a crime. Skip can refuse to provide information about his allegedly criminal activities

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

Question 52

Ryan is accused of a crime. Ryan refuses to give information related to his alleged criminal activities because he suspects it will be used to prosecute him. This is​

A)duress.
B)entrapment.
C)the privilege against self-incrimination.
D)necessity.

Question 53

Mae is granted immunity after she agrees to testify about a crime. Mae has an absolute privilege against self-incrimination and can​

A)be prosecuted only for a crime about which she agreed to testify.
B)not be prosecuted for any crime.
C)not refuse to testify.
D)refuse to testify.

Question 54

Suzu, an employee of Ridgeline Credit Union, deposits into her account checks entrusted to the credit union through its ATM system by customers to deposit into their accounts. This is​

A)burglary.
B)embezzlement.
C)larceny.
D)mail and wire fraud.

Question 55

Bruno is a businessperson with investments in legal and illegal operations. Bruno may be subject to penalties under RICO​

A)for making an unprofitable, but legal, investment.
B)for the commission of any business fraud.
C)only in a case involving a "racket."
D)only in a case involving organized crime.

Question 56

Dirk, an employee of Ergonomic Elevators, Inc., pays Ferbie, an employee of Ergonomic's competitor G-Force Risers Company, for a secret G-Force pricing schedule. This is​

A)an effective marketing strategy.
B)commercial bribery.
C)creative legal bookkeeping.
D)money laundering.

Question 57

Chadwick signs Dolores's name, without her authorization, to the back of her paycheck issued by eMarket Solutions, Inc. This is​

A)embezzlement.
B)forgery.
C)larceny.
D)robbery.

Question 58

Sandy, a businessperson, is convicted of RICO offenses. Sandy's penalties may include​

A)divestiture or dissolution of Sandy's business.
B)imprisonment for up to twenty years.
C)a fine of up to $25,000 per violation.
D)all of the choices.

Question 59

Laird 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)no crime.
D)obtaining goods by false pretenses.

Question 60

Benito accesses Creditline Bank's computer system without authority to obtain protected financial and credit records. Under federal law, this is​

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

Question 61

Cameron is an accountant in the accounting department of Data Analytics Company. Cameron's son's college tuition is due within a week, or he cannot continue taking classes. To meet the due date, Cameron 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 re-paid, and Cameron is arrested. What crime, or crimes, if any, has Cameron committed?​

Question 62

Cumulus 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 Cumulus take to ensure that going forward only authorized users access the data on its computers? Whose efforts-those of the federal government or Cumulus-are more important in securing the company's computer infrastructure, and why?​

Question 63

Via the Internet, Rocky sabotages the computer system of Quik Chik'n Company, a food manufacturer, with the purpose of altering the levels of ingredients of the company's products so that consumers of the food become ill. Rocky is​

A)a cyberterrorist.
B)a network employee.
C)an entrapper.
D)a prosecutor.

Question 64

Mona offers Ned, a building inspector, money to overlook the violations in her new warehouse. Ned accepts the money and overlooks the violations. Mona is charged with the crime of bribery. The crime occurred when​

A)Mona decided to offer the bribe.
B)Mona offered the bribe.
C)Ned accepted the bribe.
D)Ned overlooked the violations.

Question 65

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

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

Question 66

Reno, driving while intoxicated, causes a car accident that results in the death of Santo. Reno is arrested and charged with a felony. A felony is a crime punishable by death or imprisonment for​

A)any period of time.
B)more than one year.
C)more than six months.
D)more than ten days.

Question 67

Patricia commits an act via e-mail against Othman Finance Company, a business in California, where the act is a cyber crime. Patricia resides in New York where the act is not a crime. Prosecution of Patricia in California involves questions of​

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

Question 68

Biff wrongfully takes an unopened carton from a Cold Storage Warehouse loading dock, puts the carton in his car, and drives away. This is​

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

Question 69

Megan reaches into Ned's pocket and takes his wallet-without his consent and without his immediate awareness. Unlike robbery, picking pockets does not involve​

A)breaking and entering.
B)force or fear.
C)large amounts of cash.
D)weapons.

Question 70

Edith works for Fast Trades, Inc., a brokerage that facilitates frequent, quick securities transactions for investors. Edith steals her employer's computer program to start up her own competing business, Get Rich Quick, Inc. This is​

A)obtaining goods by false pretenses.
B)robbery.
C)larceny.
D)no crime.

Question 71

Nini, a police officer, wants to search the offices of Operational Business Corporation. She asks Judge Pearl to issue a warrant. Under the Fourth Amendment, no warrant for a search can be issued without​

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

Question 72

Robert uses FedEx in a scheme to defraud Standard Sales Company by obtaining merchandise to which he is not entitled. Found guilty of mail fraud, Robert can be punished by​

A)imprisonment for up to fifty years.
B)imprisonment for up to thirty years and fines of up to $1 million.
C)fines up to $5 million.
D)none of the choices.