Deck 9: Criminal Law and Cyber Crime

Question 1

A person who commits larceny can be sued under tort law.

Answer 1

True

Question 2

Thinking about killing someone constitutes the crime of attempted murder.

Answer 2

False

Question 3

Corporations, unlike persons, cannot be liable for crimes.

Answer 3

False

Question 4

It is not a crime to defraud the public through the use of ads on television.

Question 5

At a criminal trial, the burden of proof is on an accused person to prove his or her innocence.

Question 6

A crime can be committed only against persons.

Question 7

A bribe must consist of money to be a crime.

Question 8

The crime of bribery occurs when the bribe is offered even if it is not accepted.

Question 9

Stealing television cable service is not a crime.

Question 10

Money laundering includes making "dirty" money "clean" through legitimate businesses.

Question 11

Only blue-collar crimes are prosecuted under RICO.

Question 12

Mens rea refers to the mental state necessary for criminal liability.

Question 13

A misdemeanor is a crime punishable only by a fine.

Question 14

The intent to return the embezzled property is a defense to the crime of embezzlement.

Question 15

Criminal liability depends on the performance of a prohibited act.

Question 16

The crime of theft requires the taking of property, without regard to whether the perpetrator knew that it belonged to another.

Question 17

It may be a crime to take another's property, but it is not a crime to receive stolen goods.

Question 18

In a criminal case, the jury's verdict usually must be unanimous.

Question 19

A criminal case must be proved beyond a reasonable doubt.

Question 20

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

Question 21

Jurisdiction can be a key issue in a case involving a cyber crime.

Question 22

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

Question 23

Under the Fourth Amendment, a general search warrant and a general search through a person's belongings are permitted.

Question 24

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 25

Divestiture of a business interest is a possible penalty under RICO.

Question 26

Most crimes must be prosecuted within a certain number of years.

Question 27

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

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

Question 28

A grant of immunity from prosecution may be part of a plea bargain.

Question 29

Under the exclusionary rule, all illegally obtained evidence must be excluded from any related criminal prosecution.

Question 30

Phishing occurs when a criminal poses as a member of the rock group Phish.

Question 31

Smitty, driving while intoxicated, causes a car accident that results in the death of Tiffany.Smitty 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 32

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

Question 33

Identity theft occurs when a wrongdoer steals another's form of identification.

Question 34

Vladimir is a "payday" lender charged with filing false claims in bankruptcy proceedings against his customer-debtors.The standard of proof to find a defendant who has been charged with a crime guilty is

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

Question 35

Cyber fraud is fraud committed over the Internet.

Question 36

A federal judge must adhere strictly to federal sentencing guidelines.

Question 37

A hacker is someone who uses one computer to break into another.

Question 38

Computer fraud is a state, not a federal, crime.

Question 39

The only defense to criminal liability that justifies the use of force is self-defense.

Question 40

A defendant may be relieved of liability by showing that a criminal act was necessary to prevent an even greater harm.

Question 41

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

A)can be prosecuted only for a crime about which she agreed to testify.
B)cannot be prosecuted for any crime.
C)cannot refuse to testify on Fifth Amendment grounds.
D)can refuse to testify on Fifth Amendment grounds.

Question 42

Yvon is charged with the crime of theft for taking Zach's backpack, which Yvon mistakenly thought was hers.A mistake of fact is a defense

A)if the fact was not reasonably made known to the public.
B)if the mistake negates the mental state necessary to commit a crime.
C)if the perpetrator was intoxicated.
D)under any circumstances.

Question 43

With the intent to obtain cash by false pretenses, Taylor e-mails millions of unsuspecting consumers.This is

A)wire fraud.
B)no crime.
C)necessity.
D)entrapment.

Question 44

Briana, an employee of Cotillion Bank, is charged with embezzlement, which requires

A)fraudulently appropriating another's property.
B)obtaining lawful possession of property.
C)physically taking property from its owner.
D)the use of force or fear.

Question 45

Riley, a State Bank employee, deposits into his account checks that are given to him by bank customers to deposit into their accounts.This is

A)embezzlement.
B)larceny.
C)money laundering.
D)no crime.

Question 46

Vance points a gun at Workman, threatening to shoot him.Workman hits Vance, causing his death.Charged with homicide, Workman can successfully claim as a defense

A)insanity.
B)duress.
C)entrapment.
D)self-defense.

Question 47

Ciera defrauds thousands of consumers through ads on television.This is

A)wire fraud.
B)no crime.
C)phishing.
D)burglary.

Question 48

On the orders of their corporate employer, Della and Efron, employees of Fabulous Fashionista, a clothing store, switch trademarks on clothing that comes into the store to be sold to consumers.This is

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

Question 49

Alan, the president of Bayside Investments, Inc., and Colin, Bayside's accountant, are charged with a crime, after the police search Bayside's offices.Under the exclusionary rule

A)certain Bayside records are excluded from subpoena.
B)certain parties to a criminal action may be excluded from a trial.
C)illegally obtained evidence must be excluded from a trial.
D)persons who have biases that would prevent them from fairly decid?ing the case may be excluded from the jury.

Question 50

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 51

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

A)appreciate the wrongfulness of his conduct.
B)solve simple equations.
C)associate names with faces.
D)distinguish between law and ethics.

Question 52

Rick manages an illegal gambling operation in his Sushi Bar & Grill.Rick reports the profits of the gambling operation as income from Sushi's legitimate activities on its tax returns.This is

A)embezzlement.
B)larceny.
C)money laundering.
D)no crime.

Question 53

Jake is charged with embezzlement.Embezzlement is not robbery because embezzlement may be committed without

A)a criminal act.
B)a criminal intent.
C)taking property from its owner.
D)the use of force or fear.

Question 54

Ira signs Jill's name, without her authorization, on the back of a check made out to her.This is

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

Question 55

Page points a knife at Ray's daughter, threatening to hold her hostage and "cut" her unless Ray takes a certain file from Skelter Supplies Corporation, his employer.Charged with theft, Ray can successfully claim as a defense

A)insanity.
B)duress.
C)entrapment.
D)self-defense.

Question 56

Leah gains access to government records and alters certain dates and amounts in her favor.This is

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

Question 57

Dirk, an employee of Ergonomic Elevators, Inc., pays Ferbie, an employee of Ergonomics' 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 58

Jeri is indicted.Before she is arrested, she confesses to the crime in a conversation with Kelly, the arresting officer.Kelly then arrests Jeri and advises her of the right to counsel.Later, Jeri claims that her statement should be excluded as evidence from her trial.The statement will most likely be

A)admitted because Jeri knew she did the crime and confessed.
B)admitted because Jeri made it before being advised of her rights.
C)excluded because a confession is not admissible in a criminal trial.
D)excluded because it was elicited before Jeri was advised of her rights.

Question 59

Mary, who is charged with a crime, claims that Nick, a government agent, entrapped her.For entrapment to be a valid defense

A)Mary must not have been predisposed to commit the crime.
B)Nick must have pressured Mary into committing the crime.
C)Nick must have suggested that the crime be committed.
D)all of the choices.

Question 60

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

A)Milo.
B)Nadine.
C)that the marimba is stolen.
D)what a marimba is.

Question 61

Posing as Platinum Bank, Oswald e-mails Nadia, asking her to update her personal banking information through a link in the e-mail.She clicks on the link and types in the data, which Oswald promptly sells to Moe.This is

A)no crime.
B)employment fraud.
C)phishing.
D)vishing.

Question 62

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 63

Rashad accesses Quant Company's computer system without authority to obtain protected financial data.Under federal law, this is

A)a felony if it is committed for a commercial purpose.
B)a felony if Quant brings a civil suit against Rashad.
C)not a crime.
D)a crime, but not a felony.

Question 64

Minka uses her computer to secretly install software on hundreds of personal computers without their owners' knowledge.The software allows her to forward transmissions from her unauthorized network to even more systems.This network is

A)a hacker.
B)a search engine.
C)a botnet.
D)a phisher.

Question 65

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 66

Jean sends e-mail to Irwin promising a percentage of the amount in a foreign bank account for assistance in transferring the funds to a U.S.bank account.Irwin forwards his account number, but the funds are never sent.Instead, Jean quickly withdraws the funds in Irwin's account.This is

A)cyber fraud.
B)embarrassing to Irwin, but not a crime.
C)cyberterrorism.
D)hacking.

Question 67

Posing as a representative of Global Games Company, Ferris e-mails Evan, a job seeker, asking him to forward personal banking information so that if he is hired, payroll checks can be deposited directly into his account.Evan supplies the data, which Ferris promptly sells to Dixie.This is

A)no crime.
B)employment fraud.
C)phishing.
D)vishing.

Question 68

Susan is the president of United Food Corporation, a wholesale grocery company.An inspection by Tim, a government agent, uncovers unsanitary conditions caused by Val, a United employee, in the United warehouse.Will, a United vice president, assures Tim that the situation will be corrected, but nothing is done, which a later inspection reveals.Susan knows nothing about any of this.Can United be convicted of a crime in these circumstances Can Susan be held personally liable

Question 69

Mike is arrested at a warehouse in North Industrial Park.A government prosecutor issues a formal charge against Mike for receiving stolen property.This charge is

A)an arraignment.
B)an indictment.
C)an information.
D)an inquisition.

Question 70

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 botnet.
C)a phisher.
D)a visher.

Question 71

Kino sees a Blu-ray player on the porch of Lulu's house, takes the player to his home, and tells everyone he owns it.Maya, holding a knife, forces Nick to give her his iPod, and runs away with it.Ollie breaks into Pam's apartment, takes a laptop, and leaves.Which of these acts are crimes, and what are the differences among them

Question 72

Britney, an employee of Computer Associates, is arrested at work.A grand jury issues a formal charge against Britney for larceny.This charge is

A)an arraignment.
B)an indictment.
C)an information.
D)an inquisition.