Deck 7: Parties to Crime and Vicarious Liability

Question 1

Vicarious liability only applies to enterprises.​

Answer 1

False

Question 2

Corporations can be vicariously liable for the criminal acts of their employees.​

Answer 2

True

Question 3

Vicarious liability for another's criminal conduct has been created by judicial decision.​

Answer 3

False

Question 4

Respondeat superior is a doctrine in tort law that means employers may be responsible for the wrong of an employee.​

Question 5

The mens rea of accessory-after-the-fact statutes states that the accessory personally aided the person who committed the crime.​

Question 6

Vicarious liability is based on relationships.​

Question 7

Even in situations where the defendant has a legal duty to act,his or her mere presence at the scene of a crime is not enough to amount to accomplice actus reus.​

Question 8

Today,accessory-after-the-fact offenders are punished as severely as the offender who committed the crime.​

Question 9

Today,accessory-after-the-fact offenders are punished as severely as the offender who committed the crime.​

Question 10

It is usually easy to determine who in a corporation is responsible for corporate crimes.​

Question 11

Criminologist Edwin Sutherland introduced the phrase "white-collar crime."​

Question 12

Mere presence at the scene of a crime isn't enough to satisfy the accomplice actus reus requirement.​

Question 13

At common law,there were four parties to crime: principals in the first degree,second degree,and accessories before and after the fact.​

Question 14

Complicity establishes when you can be criminally liable for someone else's conduct.​

Question 15

Most vicarious liability involves business relationships.​

Question 16

Individuals may be vicariously liable for the actions of their agents'.​

Question 17

In common law,accessories after the fact were punished like accomplices; they were treated as if they'd committed the crime itself.​

Question 18

Flight from the scene of a crime is enough evidence to convict a person of a crime or of being an accomplice.​

Question 19

In U.S.v.Peoni,the court ruled that accomplice liability also requires proof of intent that the offender committed the crime.​

Question 20

Vicarious liability transfers the actus reus and mens rea of one party to another based on their relationship.​

Question 21

Participants before and during the commission of crimes are​

A) ​guilty of the crime itself.
B) ​not guilty of the crime itself.
C) ​less guilty of the crime itself.
D) ​more guilty of the crime itself.

Question 22

Complicity applies criminal liability to accomplices and accessories because they participate in crimes.​

Question 23

One of the weaknesses of self-regulation is lack of enthusiasm for regulation by the regulated group.​

Question 24

Traditional parental responsibility laws are the same as vicarious liability.​

Question 25

At common law,principals in the first degree were the persons who actually commit the crime.​

Question 26

Vicarious liability can only be created by statute.​

Question 27

Agency theory of accomplice liability assumes that we're autonomous agents with the freedom to choose our actions.​

Question 28

Criminal liability is imposed on accomplices and accessories because they​

A) ​have a relationship that allows for the transfer of guilt.
B) ​participated in the crimes.
C) ​entered into a conspiracy to commit the crime.
D) ​drove the getaway car.

Question 29

Harboring a fugitive is an accessory before the fact crime.​

Question 30

Participants after the commission of crimes are​

A) ​sometimes guilty of a separate,less serious offense.
B) ​not guilty of anything.
C) ​never guilty of a separate,more serious offense.
D) ​always guilty of a separate,equally serious offense.

Question 31

The issue in most vicarious liability cases is interpreting whether the statute actually imposes vicarious liability.​

Question 32

The crime of conspiracy and the crime the conspirators agree to commit are separate offenses.​

Question 33

​Which of the following cases relates to juries and accomplice actus reus?

A) ​State v.Chism (1983)
B) ​U.S.v.Peoni (1938)
C) ​Backun v.United States (1940)
D) ​State v.Ulvinen (1981)

Question 34

​Participants who are involved after the commission of a crime are guilty of a

A) ​more serious offense.
B) ​less serious offense.
C) ​separate offense.
D) ​separate,less serious offense.

Question 35

Holding parents responsible for their children's crime is a recent idea.​

Question 36

Accomplices to murder are prosecuted​

A) ​less seriously than murderers.
B) ​the same as murderers.
C) ​more seriously than murderers.
D) ​more or less seriously,depending on the extent of their involvement in the murder.

Question 37

Under common law,persons present when a crime was committed and who helped commit it were called​

A) ​principals in the first degree.
B) ​principals in the second degree.
C) ​principals in the third degree.
D) ​principals in the fourth degree.

Question 38

Which of the following cases involves the mere presence rule?​

A) ​Bailey v.U.S.(1969)
B) ​Backun v.U.S.(1940)
C) ​U.S.v.Peoni (1938)
D) ​State v.Chism (1983)

Question 39

Under common law,persons who actually committed a crime were called​

A) ​principals in the first degree
B) ​principals in the second degree
C) ​principals in the fourth degree
D) ​principals in the fourth degree

Question 40

Forfeited personal identity theory assumes that we're autonomous agents with the freedom to choose our actions.​

Question 41

What are the two parties to crime that exist today?​

A) ​accomplices participants and accessories participants
B) ​accomplices participants and annulments participants
C) ​arrangements participants and accessories participants
D) ​accomplices participants and arrangements participants

Question 42

​Accessory to a crime is a separate offense,usually a

A) ​misdemeanor.
B) ​felony.
C) ​non-jailable offense.
D) ​citation.

Question 43

What dramatically changed the nature of corporations from government entities controlled by government to private business operated by internal management?​

A) ​white-collar crime
B) ​the dark ages
C) ​the industrial revolution
D) ​the dark figure of crime

Question 44

Mere presence of the defendant at the scene of a crime may create accomplice liability if​

A) ​the defendant secretly hopes the criminal will succeed.
B) ​the defendant does not attempt to help the victim.
C) ​the defendant knows the identity of the criminal but does not report the crime to the police.
D) ​the defendant has a duty to prevent the crime and fails to prevent or attempt to prevent it.

Question 45

Which of the following is not one of the elements of most modern accessory-after-the-fact statutes?​

A) ​The accessory personally aided the person who committed the crime.
B) ​The accessory knew the felony was committed.
C) ​The accessory actually committed a felony.
D) ​The accessory aided the person who committed the crime for the purpose of hindering the prosecution of that person.

Question 46

Today,participants before and during the commission of a crime are called​

A) ​accessories.
B) ​principals.
C) ​accomplices.
D) ​assistants.

Question 47

Vicarious liability transfers the actus reus and the mens rea of one person to another person-or from one or more persons to an enterprise-because of their​

A) ​state of mind.
B) ​relationship.
C) ​guilt.
D) ​crime.

Question 48

Which of the following is less blameworthy than participation in a crime itself?​

A) ​accessory liability
B) ​accomplice liability
C) ​vicarious liability
D) ​all of these types of liability are as blameworthy as participation in a crime itself

Question 49

The doctrine of respondeat superior is a​

A) conspiracy rule.
B) ​individual liability theory.
C) ​complicity rule.
D) ​legal fiction.

Question 50

What is required for words to qualify as accomplice actus reus?​

A) ​if they encourage the commission of the crime
B) ​if they approve the commission of the crime
C) ​if they encourage and approve the commission of the crime
D) ​none of these are required,words alone qualify as accomplice actus reus

Question 51

Purposely acting and wanting a crime to succeed clearly qualifies as accomplice​

A) ​stare decisis.
B) ​actus reus.
C) ​voluntary act.
D) ​mens rea.

Question 52

Which of the following cases involved Enron and an accounting firm that was convicted of obstructing the Securities and Exchange Commission?​

A) ​U.S.v.Arthur Andersen,LLP (2004)
B) ​Railroad Company v.United States (1909)
C) ​State v.Zeta Chi Fraternity (1997)
D) ​Dunn v.Commonwealth (1997)

Question 53

Vicarious liability can apply to​

A) ​employers.
B) ​sellers.
C) ​parents.
D) ​All of these answers are correct.

Question 54

Which of the following cases involves being an accessory-after-the-fact?​

A) ​Bailey v.U.S.(1969)
B) ​Backun v.U.S.(1940)
C) ​U.S.v.Peoni (1938)
D) ​State v.Chism (1983)

Question 55

What is the name of the rule that says that the conspiracy to commit the crime and the crime committed as a result of the conspiracy are different offenses?​

A) ​the Pinkerton rule
B) ​the Peoni rule
C) ​the Brady rule
D) ​the Rakas rule

Question 56

What type of liability establishes when a party can be criminally liable because of a relationship?​

A) ​complicity
B) ​vicarious
C) ​assumed
D) ​consent

Question 57

In general,merely being present at the scene of a crime​

A) ​is the actus reus of conspiracy.
B) ​creates accomplice liability.
C) ​creates a presumption that there was a conspiracy to commit the crime.
D) ​is not sufficient to create accomplice liability.

Question 58

Most vicarious liability involves which of the following relationships?​

A) ​personal
B) ​romantic
C) ​business
D) ​family

Question 59

Today,participants after crimes are committed are called​

A) ​accessories.
B) ​principals.
C) ​accomplices.
D) ​assistants.

Question 60

What type of liability establishes when you can be criminally liable for someone else's conduct?​

A) ​complicity
B) ​vicarious
C) ​assumed
D) ​consent

Question 61

Which of the following acts definitely qualify as accomplice actus reus?​

A) ​providing guns,supplies,or other instruments of crime
B) ​serving as a lookout
C) ​driving a getaway car
D) ​all of these acts definitely qualify as accomplice actus reus

Question 62

Which of the following is not one of the four common law parties to crime?​

A) ​principal in the first degree
B) ​principal in the second degree
C) ​Accomplice
D) ​accessory before the fact

Question 63

The legal fiction created by the Supreme Court which makes it possible for corporations to commit crimes is called​

A) ​respondeat superior.
B) ​actus reus.
C) ​mens rea.
D) ​magna cum laude.

Question 64

Tammy is guilty of the crime because of what exception to the mere presence rule?​

A) ​the duty to act exception
B) ​the conspiracy to act exception
C) ​the intent to act exception
D) ​the diminished capacity to act exception

Question 65

Corporate criminal law began as,and still is,the creature of​

A) ​federal law.
B) ​state law.
C) ​civil law.
D) ​blue-collar law.

Question 66

What establishes when you can be criminally liable for someone else's conduct?​

A) ​agency
B) ​complicity
C) ​respondeat superior
D) ​Pinkerton rule

Question 67

What theory of accomplice liability assumes that we're autonomous agents with the freedom to choose our actions?​

A) ​agency theory
B) ​forfeited personal identity theory
C) ​malicious teamwork theory
D) ​benign offender theory

Question 68

Which of the following old common law terms do modern statutes often borrow to define accomplice actus reus?​

A) ​aid
B) ​abet
C) ​assist
D) ​modern statutes often borrow all of these common law terms​

Question 69

The case of Pinkerton v.U.S.(1946)deals with what rule?​

A) ​the rule that the crime of conspiracy and the crime the conspirators agree to commit are separate offenses
B) ​the rule that even presence at the scene of a crime followed by flight isn't enough action to establish accomplice actus reus
C) ​the common law rule that the government couldn't try accomplices until principals in the first degree were convicted
D) ​the accessory liability rule that it is not as blameworthy to help someone else escape prosecution as it is to participate in the crime itself

Question 70

What theory of accomplice liability assumes that when you choose to participate in crime,you forfeit your right to be treated as an individual?​

A) ​agency theory
B) ​forfeited personal identity theory
C) ​malicious teamwork theory
D) ​benign offender theory

Question 71

A farmer leases 200 acres of land to a renter he knows is going to use it for illegal activity.This is an example of which of the following?​

A) ​accomplice actus reus
B) ​accomplice mens rea
C) ​accessory actus reus
D) ​accomplice actus reus

Question 72

This case involves which of the following?​

A) ​complicity
B) ​vicarious liability
C) ​neither complicity or vicarious liability
D) ​both complicity and vicarious liability

Question 73

Vicarious liability for another's crimes is​

A) ​created by statute.
B) ​created by the courts.
C) ​found in the common law.
D) ​a form of accomplice liability.

Question 74

Which of the following cases addresses this issue?​

A) ​State v.Zeta Chi Fraternity
B) ​State v.Alpha Omega Fraternity
C) ​State v.Beta Chi Fraternity
D) ​none,there is no precedent for this case.

Question 75

Parent responsibility statutes are based on parents' acts and​

A) ​omissions.
B) ​thoughts.
C) ​intentions.
D) ​expectations.

Question 76

What transfers the actus reus and mens rea of an employee to the employer?​

A) ​vicarious liability
B) ​strict liability
C) ​accessory liability
D) ​conspiracy liability

Question 77

Words can qualify as accomplice actus reus,if they​

A) ​encourage the commission of the crime.
B) ​approve the commission of the crime.
C) ​encourage and approve the commission of the crime.
D) ​encourage,approve,and condone the commission of the crime.

Question 78

​Of the following crimes,which one is Tammy most likely to be found guilty of?

A) ​accomplice to assault
B) ​complicity to assault
C) ​accomplice to battery
D) ​complicity to battery

Question 79

Vicarious liability statutes grew out of public fear,frustration,and anger over juvenile violence and parents'​

A) ​abusing their kids.
B) ​failure to control their kids.
C) ​desire to control their kids.
D) ​intention to control their kids.

Question 80

Vicarious liability cases that attract the most attention involve​

A) ​individuals.
B) ​state government.
C) ​large national corporations.
D) ​private charities.