Question 1

The political influence of business on lawmaking has remained relatively stable
over the course of modern American history.

Accepted Answer

The political influence of business on lawmaking has fluctuated throughout modern American history, with some periods seeing a stronger influence and others seeing a weaker influence.

Question 2

Administrative agencies may be created by the legislative branch, operate as part
of the executive branch, and function, at times, like the judicial branch.

Accepted Answer

Administrative agencies can be created by acts of Congress and are typically part of the executive branch, but they often have quasi-judicial powers, such as conducting hearings or issuing rulings, making them function like the judicial branch in certain circumstances.

Question 3

The structuralist perspective on lawmaking recognizes that the state is committed
to the system's long-term survival rather than to advancing the immediate interest
of capitalist elites.

Accepted Answer

The structuralist perspective on lawmaking argues that the state, while influenced by capitalist elites, is ultimately committed to maintaining the stability and functionality of the overall system, rather than solely advancing the interests of any particular group.

Question 4

Administrative agencies have typically had their rule-making closely overseen by
Congress and the courts.

Accepted Answer

The answer of Administrative agencies have typically had their rule-making...

Question 5

Government agencies and entities generally oppose white collar crime laws.

Accepted Answer

Government agencies and entities generally support white collar crime laws as they are responsible for enforcing them and protecting the public from financial fraud and corporate misconduct.

Question 6

The instrumentalist perspective on lawmaking is especially effective in explaining
laws which work against the immediate interests of major capitalist corporations.

Accepted Answer

The instrumentalist perspective on lawmaking argues that laws are created to benefit those in power, including major capitalist corporations. Therefore, it would not be effective in explaining laws that work against their interests. Instead, alternative perspectives such as the pluralist perspective or the societal perspective may be more appropriate.

Question 7

In general, during periods of relatively strong economic performance, more
regulatory laws have been imposed on business.

Accepted Answer

During periods of strong economic performance, businesses tend to have more resources and are more likely to engage in activities that may require regulation.

Question 8

The burden of proof in administrative courts is more stringent than in traditional
courts.

Accepted Answer

In administrative courts, the burden of proof is often less stringent than in traditional courts, as administrative proceedings can be more focused on regulatory compliance and may not always adhere to the strict rules of evidence found in criminal or civil courts.

Question 9

From the latter half of the 19ᵗʰ century on, the U.S.Supreme Court consistently
favored the rights of consumers and employees over the rights of corporations.

Accepted Answer

This statement is false. From the latter half of the 19th century on, the U.S. Supreme Court consistently favored the rights of corporations over the rights of consumers and employees, often using judicial activism to strike down laws that regulated corporate behavior. It wasn't until the mid-20th century that the Court shifted its stance and began to defend the rights of consumers and employees, particularly following the New Deal era.

Question 10

The dialectical theory of lawmaking views it as a process directed toward the
resolution of various conflicts confronting society in a particular historical
context.

Accepted Answer

The dialectical theory of lawmaking sees the lawmaking process as a means of resolving societal conflicts in a given historical and social context.

Question 11

The United States Constitution says nothing specifically about white collar crime.

Accepted Answer

The United States Constitution does not have any specific provisions related to white collar crime. However, various federal and state laws have been passed over time to address white collar crimes such as fraud, embezzlement, and insider trading.

Question 12

The vulnerability of businesses to government regulation seems to be largely
independent of the state of the economy.

Accepted Answer

The vulnerability of businesses to government regulation often varies with the state of the economy, as economic conditions can influence the focus and intensity of regulatory actions. For example, during economic downturns, governments might implement more stringent regulations to protect consumers and workers, while in periods of economic growth, there might be a push for deregulation to encourage investment and expansion.

Question 13

Some areas of white collar crime, such as insider trading laws, are more fully
developed in case law than in statutory law.

Accepted Answer

Insider trading laws have been shaped and refined through judicial decisions, resulting in a more robust body of case law than statutory law.

Question 14

Large corporations and major business entities have sometimes benefited from the
adoption of regulatory laws.

Accepted Answer

Large corporations and major business entities have the resources and ability to comply with regulatory laws, which can create barriers to entry for smaller competitors and increase their market share. Additionally, regulatory laws can set standards and guidelines that companies can use to their advantage in advertising and marketing their products or services.

Question 15

In the latter part of the 19th century, corporate lawyers invoked the Fourteenth
Amendment's "due process" clause to ward off federal attempts to regulate
business.

Accepted Answer

This is true. Corporate lawyers argued that regulation would interfere with the due process rights of corporations, as the legal entity should be treated as an individual with the right to fair treatment under the law.

Question 16

In recent years in the U.S., public interest groups have clearly been far more
successful in the legislative arena than in the courts in their efforts to press for
more effective white collar crime laws.

Accepted Answer

Public interest groups have faced challenges in both the legislative arena and the courts when pressing for more effective white collar crime laws. Success varies based on political, economic, and social factors, and there is no clear evidence that they have been far more successful in one area over the other consistently.

Question 17

Toward the end of the 19ᵗʰ century, laws regulating or criminalizing a wide range
of business practices were promoted and implemented in the U.S.

Accepted Answer

This statement is true. The late 19th century saw the emergence of a progressive movement that pushed for greater regulation of business practices and the implementation of laws to prevent unethical and monopolistic behavior by corporations. This period saw the passage of important pieces of legislation like the Sherman Antitrust Act, the Pure Food and Drug Act, and the Federal Reserve Act.

Question 18

Historically, business has had relatively little influence over the law-making
process.

Accepted Answer

Business has had significant influence over the law-making process through lobbying and campaign contributions.

Question 19

The overriding purpose of the Sarbanes-Oxley Act of 2002 was to restore public
confidence in corporate financial statements and to encourage investment in
corporate stocks.

Accepted Answer

The Sarbanes-Oxley Act of 2002 was enacted in response to a series of high-profile corporate scandals, such as Enron and WorldCom, which had undermined public trust in corporate financial reporting. The act introduced a range of measures to improve the accuracy and transparency of financial reporting and increase accountability among corporate executives. By restoring confidence in corporate financial statements, the act was designed to encourage investment in corporate stocks and promote the growth of the economy.

Question 20

Administrative courts have become an attractive alternative to traditional courts
for prosecution of some forms of white collar crime.

Accepted Answer

Administrative courts are specialized courts that handle cases related to laws and regulations. They have the expertise and resources to handle complex white collar crime cases, such as those related to securities fraud, environmental crimes, and regulatory violations. As a result, they have become an attractive alternative to traditional courts in prosecuting some forms of white collar crime.

Quiz 9: Law and the Social Control of White Collar Crime

The political influence of business on lawmaking has remained relatively stable over the course of modern American history.

Administrative agencies may be created by the legislative branch, operate as part of the executive branch, and function, at times, like the judicial branch.

The structuralist perspective on lawmaking recognizes that the state is committed to the system's long-term survival rather than to advancing the immediate interest of capitalist elites.

Administrative agencies have typically had their rule-making closely overseen by Congress and the courts.

Government agencies and entities generally oppose white collar crime laws.

The instrumentalist perspective on lawmaking is especially effective in explaining laws which work against the immediate interests of major capitalist corporations.

In general, during periods of relatively strong economic performance, more regulatory laws have been imposed on business.

The burden of proof in administrative courts is more stringent than in traditional courts.

From the latter half of the 19ᵗʰ century on, the U.S.Supreme Court consistently favored the rights of consumers and employees over the rights of corporations.

The dialectical theory of lawmaking views it as a process directed toward the resolution of various conflicts confronting society in a particular historical context.

The United States Constitution says nothing specifically about white collar crime.

The vulnerability of businesses to government regulation seems to be largely independent of the state of the economy.

Some areas of white collar crime, such as insider trading laws, are more fully developed in case law than in statutory law.

Large corporations and major business entities have sometimes benefited from the adoption of regulatory laws.

In the latter part of the 19th century, corporate lawyers invoked the Fourteenth Amendment's "due process" clause to ward off federal attempts to regulate business.

In recent years in the U.S., public interest groups have clearly been far more successful in the legislative arena than in the courts in their efforts to press for more effective white collar crime laws.

Toward the end of the 19ᵗʰ century, laws regulating or criminalizing a wide range of business practices were promoted and implemented in the U.S.

Historically, business has had relatively little influence over the law-making process.

The overriding purpose of the Sarbanes-Oxley Act of 2002 was to restore public confidence in corporate financial statements and to encourage investment in corporate stocks.

Administrative courts have become an attractive alternative to traditional courts for prosecution of some forms of white collar crime.