Deck 6: Criminal Law

Question 1

16)The defendant must testify in a criminal proceeding.

Answer 1

False

Question 2

18)A crime is an act or omission in violation of public law and punishable by the government.

Answer 2

True

Question 3

5)RICO provides for criminal penalties, but contains no provision for civil penalties.

Answer 3

False

Question 4

4)If Gene mistakenly hits Audrey with his truck and kills her, when he intended to hit and kill Cerise, his intent to kill Cerise is transferred to Audrey, regardless of whether he even knew Audrey, for the purpose of fulfilling the mental element of the crime.

Question 5

17)The Fifth Amendment protects all individuals against unreasonable searches and seizures.

Question 6

19)The American Law Institute's Model Penal Code provides that a corporation cannot be convicted of a criminal offense for the conduct of its employees or board of directors.

Question 7

12)In the People v. Farell case, the court looked first to the words of the statute itself to determine legislative intent and determined that the theft statute applied to trade secrets as well as money.

Question 8

14)Bill has had a problem with vandalism at his business, so he rigs up a spring gun at the entryway to his store, so that any after-hours intruder will be shot upon entry. Bill may legally use this deadly force to protect his business.

Question 9

9)The Fifth Amendment would protect a defendant from having to give blood samples to the prosecution since it would be a form of self-incrimination as interpreted by the courts.

Question 10

3)Mala in se crimes are those crimes that are not morally wrong but are declared wrongful by the legislature.

Question 11

6)Misdemeanors are less serious crimes punishable by a fine or imprisonment in a local jail.

Question 12

13)Civil law is a part of public law, whereas criminal law is a part of private law.

Question 13

7)A felony is a more serious type of crime than a misdemeanor.

Question 14

20)The state may appeal a verdict of "not guilty" if there is an error in the trial.

Question 15

2)Corporations may be held liable for a crime.

Question 16

15)Kim offered $50,000 to the vice president of operations of ChemKore Co. to induce her to divulge a secret process. In some states Kim would be guilty of commercial bribery.

Question 17

1)Because of the increasing use of criminal sanctions to enforce government regulation of business, criminal law is an essential part of business law.

Question 18

8)Under the United States legal system, guilt is never presumed by the court.

Question 19

10)Robbery is a larceny accompanied by force or a threat of force.

Question 20

11)The key distinction between larceny and embezzlement is whether the person taking the property has the intent to deprive the victim permanently of the goods.

Question 21

21)A criminal defendant may be convicted by a preponderance of the evidence.

Question 22

29)A preliminary hearing is held in a criminal case to determine whether there is probable cause to believe the defendant is the one who committed the crime.

Question 23

39)The Federal Organizational Corporate Sentencing Guidelines provide for each criminal offense a base fine that can be reduced, but not increased, under certain circumstances.

Question 24

22)Vicarious liability is liability imposed upon one person for the acts of another.

Question 25

28)Today most crimes are covered by statutory law rather than by the common law, although many of the crimes in statutory form had their origins in the common law.

Question 26

27)RICO defines a pattern of racketeering as the commission of three or more predicate acts within a five-year period.

Question 27

35)Selling liquor to a minor can result in criminal liability only if the seller intended to sell to an underage person.

Question 28

26)Tracey offered the police chief $10,000 to ignore illegal gambling activity in her establishment. Tracey cannot be found guilty of bribery since the police chief refused her offer.

Question 29

25)The Fifth Amendment protects a defendant from double jeopardy.

Question 30

40)RICO has been successfully applied to businesses that are not engaged in organized crime, despite the fact that its intent is to target organized crime.

Question 31

30)The Sixth Amendment protects persons against self-incrimination, double jeopardy, and being charged with a capital offense except by grand jury indictment.

Question 32

37)Paul grabs Don and threatens to stab him with his knife if Don doesn't help Paul commit a robbery. If Don helps Paul and is prosecuted, Don would have a valid defense called self-defense.

Question 33

23)A "bench trial" is one in which the decision is made without a jury.

Question 34

36)Murder is a mala prohibita type of crime.

Question 35

34)Although mens rea is a required element for most crimes, many regulatory crimes dispense with it.

Question 36

24)Rhonda is arrested for a misdemeanor that carries a possible five-month prison sentence. She is entitled to a jury trial.

Question 37

33)Carelessness or negligence is a form of subjective fault.

Question 38

38)The 2010 amendments to the Federal Organizational Corporate Sentencing Guidelines restricted the availability of reduced sentencing for corporations having effective compliance and ethics programs and meeting additional requirements.

Question 39

31)Some states still recognize common law crimes.

Question 40

32)White-collar crime is defined as a nonviolent crime usually involving deceit, corruption, or breach of trust.

Question 41

56)A defendant who is indicted will next:

A) go before a grand jury.
B) have a preliminary hearing.
C) be arraigned.
D) be prosecuted.

Question 42

42)The term mens rea refers to the mental intent element of a crime.

Question 43

45)The Sarbanes-Oxley Act passed in 2002 is the first comprehensive federal statute prohibiting computer crime.

Question 44

59)Bill is the accountant for Cheatam and Sons Co. For many years he has kept two sets of books, one with real figures and another with figures he will use in case the IRS audits. When Bill, while working on Cheatam's books, is arrested for fraud, what will happen to the books?

A) They are privileged communications and therefore inadmissible as evidence against Bill.
B) They are protected by the Fifth Amendment and therefore are inadmissible.
C) They may be admitted as evidence since they were taken pursuant to a valid arrest.
D) They may be admitted as evidence only if Bill consented to a search of his offices.

Question 45

58)Two boys held up a liquor store at gunpoint and ran off with a bag of money. The police saw them run into Jill's apartment building where there are only four apartments off a common hall and no apparent way out of the building but the front door. The police knock on Jill's door. She says she's the only one there. The police can:

A) search the apartment without a warrant because Jill voluntarily answered the door.
B) search the apartment without a warrant because they are in hot pursuit of the thieves.
C) not search the apartment, because they have no reason to believe that the boys are in Jill's apartment rather than the others.
D) not search the apartment because voluntary consent to enter is necessary.

Question 46

60)Individuals may use reasonable force to protect individuals, themselves, and their property. Under the majority rule, reasonable force means:

A) deadly force is reasonable to protect property.
B) deadly force is reasonable to protect an individual's freedom of speech.
C) deadly force is reasonable if an attack threatens the victim with serious bodily harm.
D) deadly force is reasonable only within the bounds of one's domicile.

Question 47

48)Which one of the following is NOT true of a criminal suit?

A) A criminal suit is brought by the government, not by an individual.
B) In a criminal suit, guilt is never presumed.
C) A purpose of a criminal suit is repayment to the victim.
D) A criminal suit requires a higher burden of proof than a civil suit.

Question 48

54)How much force may an individual use to protect her property?

A) As much as is necessary.
B) Deadly force.
C) Reasonable force, but not deadly force.
D) All of these are correct.

Question 49

51)The defense of entrapment arises when:

A) a law enforcement official induces a person to commit a crime whether that person, under ordinary circumstances, would have done so or not.
B) any person induces any other person to commit a crime when the person induced would not ordinarily have done so.
C) a police officer or other government official or agent acts to induce an individual to commit a crime when that individual would not ordinarily have done so.
D) law enforcement officials act aggressively to prevent a crime.

Question 50

55)The Fourth Amendment to the Constitution:

A) requires a speedy trial.
B) prevents double jeopardy.
C) prohibits unreasonable search and seizure.
D) All of these.

Question 51

46)All jurisdictions have enacted laws making it a crime to write a check when there is not enough money in the account to cover the check.

Question 52

52)Which of the following is correct with respect to a grand jury?

A) The grand jury decides the ultimate guilt or innocence of the defendant.
B) The grand jury hears testimony of the defendant.
C) The grand jury issues an indictment if it finds sufficient evidence to justify a trial on the charges alleged.
D) All of these are correct.

Question 53

43)Embezzlement and forgery are considered white-collar crimes.

Question 54

50)The improper taking of another's property by one in lawful possession of it, that violates a trust, is:

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

Question 55

44)There are no federal common law crimes.

Question 56

47)The crime of larceny includes in its definition:

A) the nontrespassory taking and control of personal property.
B) the trespassory taking and carrying away of personal property.
C) assault.
D) the taking and control of personal or real property.

Question 57

49)Assume a state has a criminal statute that punishes "every person who by himself or his employee or agent sells anything at short measure." Chris, an employee of Watkins Fencing, Inc. within that state, intentionally sells wire fence to Nowton Construction at short measure. Watkins:

A) may be held criminally liable for Chris's act even if Watkins did not authorize this action.
B) will only be held liable if Chris is a managerial employee.
C) cannot be vicariously liable for Chris's action unless Watkins directed, participated in, or approved of the act.
D) will not be vicariously liable for Chris's action if it was not authorized because the element of mental fault is missing on the part of Watkins.

Question 58

57)What happens if the police illegally seize evidence in violation of the Fourth Amendment?

A) The evidence will be excluded from use at trial.
B) The defendant's arrest is nullified.
C) The defendant is entitled to another trial.
D) The defendant will be paid for the expenses of his defense.

Question 59

41)The term mala prohibita refers to the bad act element of a crime.

Question 60

53)Another name for an indictment is a(n):

A) true bill.
B) arraignment.
C) verdict.
D) preliminary hearing.

Question 61

78)The privilege against self-incrimination extends to which of the following?

A) Providing a handwriting sample.
B) Appearing in a line-up for identification purposes.
C) Taking a blood test after an accident.
D) None of the above are protected by the privilege against self-incrimination.

Question 62

79)Paul, a police officer, is working as an undercover drug agent. He enrolls in classes at the local university where he meets several students in business administration and invites them to come to his house for a party. No mention is made of any drugs, but he does say he will have a keg of beer. Shortly after his guests arrive, he gets out some marijuana and offers it to the group. All of them refuse except for Sam, who has never tried it before. When Paul encourages Sam to try it and Sam lights up the joint, Paul arrests Sam for possession of a controlled substance. In this case, Sam:

A) is clearly guilty as charged.
B) can raise the defense of entrapment and argue that Paul has enticed him to commit a crime he would not have done otherwise.
C) can use the defense of duress.
D) can use the Fourth Amendment to exclude the marijuana as evidence that has been illegally seized.

Question 63

70)Bryant knowingly destroyed documents in order to impede an SEC investigation of his company. Under the Sarbanes-Oxley Act:

A) Bryant may be personally subject to fines.
B) Bryant is subject to imprisonment of up to 20 years.
C) Bryant's company may be subject to criminal penalties.
D) All of these

Question 64

69)An employer directs his vice-president of marketing to fix prices with their company's competitors. The employee does so. Under these facts:

A) only the employee is criminally liable.
B) both the employee and the employer are criminally liable.
C) only the employer is criminally liable.
D) neither the employee nor the employer is criminally liable.

Question 65

61)Tyler is self-employed and alters some receipts so he will show more expenses and therefore have a greater total of income tax deductions. Tyler has:

A) committed the crime of extortion.
B) engaged in securities fraud.
C) engaged in no criminal activity.
D) committed the crime of forgery.

Question 66

64)A criminal trial is similar to a civil trial, but there are some significant differences. These differences are:

A) the defendant is always the government in a criminal trial.
B) burden of proof on the prosecution is to prove criminal guilt beyond a reasonable doubt in a criminal trial.
C) the defendant is required to testify.
D) All of these.

Question 67

72)At common law, __________ was defined as a breaking and entering of a dwelling house at night with the intent to commit a felony.

A) burglary
B) bribery
C) robbery
D) theft

Question 68

63)Velma and Walter devised a scheme to defraud unsuspecting readers and then sent a message via e-mail to thousands of computer users, hoping to get rich from those who responded. This was their first such attempt. They may have violated:

A) the CAN-SPAM Act.
B) the International Internet Treaty Act.
C) RICO.
D) All of these.

Question 69

74)Losses due to computer crimes are estimated to be:

A) in the millions of dollars.
B) in the tens of billions of dollars.
C) in the trillions of dollars.
D) decreasing because of stricter security measures now in place.

Question 70

80)The degrees of mental fault in criminal law include which of the following?

A) Subjective fault, which includes a purposeful, knowing, or reckless mental state.
B) Objective fault, which would be a negligent or careless mental state.
C) Liability without fault, where no requisite mental state or even knowledge of the act is required in some instances.
D) All of the above.
E) None of the above

Question 71

62)The criminal intent necessary to commit a crime is known as:

A) actus reus .
B) mens rea .
C) the M'Naghten test.
D) malice aforethought.

Question 72

66)Which of the following is found in the Fifth Amendment to the U.S. Constitution?

A) A privilege against self-incrimination.
B) A requirement of probable cause.
C) A prohibition against cruel and unusual punishment.
D) The right to an attorney.

Question 73

71)Under the common law as well as most statutes, __________ is larceny with the additional elements that (1) the property is taken from the victim or in the immediate presence of the victim, and (2) it is accomplished through either force or threat of force.

A) burglary
B) extortion
C) bribery
D) robbery

Question 74

65)Anita tells Bob that unless Bob pays her $5,000, she will tell his customers that he was once arrested for shoplifting as a teenager. The fact that Bob shoplifted as a teenager is true.

A) In most jurisdictions Anita has committed the crime of extortion.
B) Anita has committed the crime of defamation.
C) Anita has committed the crime of bribery.
D) In all jurisdictions in the United States, Anita would have to have received the money from Bob to be charged with a crime.

Question 75

76)Under RICO, a __________ is any of several criminal offenses such as murder, kidnapping, arson, extortion, and drug dealing.

A) predicate act
B) liable act
C) white-collar crime
D) mala in se act

Question 76

77)The Sarbanes-Oxley Act has all but which of the following provisions?

A) Creating a five-person Accounting Oversight Board with authority to review and discipline auditors.
B) Creating severe civil and criminal penalties for enterprises that engage in the commission of two or more predicate acts within a period of ten years.
C) Increasing the penalties for existing federal crimes and creating new criminal offenses.
D) Adding new financial disclosure requirements.

Question 77

68)A warrant is required for a search by the police except where:

A) the police are in hot pursuit of a fugitive.
B) voluntary consent is given to the search.
C) evidence of a crime is in plain view of the police officer.
D) All of these.

Question 78

73)The __________ provides that the federal government shall provide the accused with a speedy and public trial by an impartial jury.

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

Question 79

75)The __________ Amendment prohibits excessive bail and prohibits cruel and unusual punishment.

A) Fourth
B) Fifth
C) Sixth
D) Eighth

Question 80

67)At the __________, the accused is informed of the charge against him and he enters his plea.

A) preliminary hearing
B) arraignment
C) indictment
D) information