Deck 7: Cyber Law and Cyber Crimes

Question 1

________ are the most serious crimes,including crimes that are mala in se.

A)Felonies
B)Infractions
C)Misdemeanors
D)Summary offenses

Answer 1

A

Question 2

Monetary damages and equitable remedies are provided in a civil lawsuit.

Answer 2

True

Question 3

A(n)________ is a less serious crime,is not inherently evil but nevertheless prohibited by society,and is punishable by fines or imprisonment for one year or less.

A)misdemeanor
B)indictable offence
C)felony
D)violation

Answer 3

A

Question 4

If the accused cannot afford a private defense lawyer,the government will provide one free of charge.

Question 5

The two elements that are required to be found guilty of an intent crime are ________ and ________.

Question 6

In a civil lawsuit,liability has to be proven beyond a reasonable doubt.

Question 7

________ crimes require that the perpetrator either knew or should have known that his or her actions would lead to harmful results.

A)Nonintent
B)Specific intent
C)General intent
D)Explicit intent

Question 8

A collection of criminal statutes is referred to as a ________.

A)bill
B)constitution
C)penal code
D)charter

Question 9

Who is the plaintiff in a criminal lawsuit?

A)the government
B)the respondent
C)a private party
D)the victim

Question 10

Tim Talon engaged in reckless driving and killed a pedestrian.His defense is that he was driving under the influence of alcohol and lost control of his automobile.How would a court classify Tim Talon's intent?

A)general intent crime
B)criminal intent crime
C)specific intent crime
D)nonintent crime

Question 11

In a criminal lawsuit,guilt has to be proven beyond a reasonable doubt.

Question 12

In the United States,what recourse does an accused person have if he cannot afford a private defense attorney?

A)He will have to spend his time in jail until he can collect enough money to afford one.
B)A public defender will be appointed to the accused by the government for a nominal fee.
C)He will have to defend himself when the trial starts.
D)The government will provide an attorney for the accused free of charge.

Question 13

________ include environmental laws,securities laws,and antitrust laws that provide for criminal violations and penalties.

A)Constitutions
B)Regulatory statutes
C)Resolutions
D)Charters

Question 14

Which two elements are required to find a defendant guilty of an intent-based crime?

A)a victim and criminal intent
B)a motive and criminal intent
C)a criminal act and criminal intent
D)a criminal act and proof of gain

Question 15

In a criminal case,the government is represented by the ________.

Question 16

In a criminal lawsuit,the government is represented by a lawyer called the defense attorney.

Question 17

A person who jaywalks commits a ________.

A)misdemeanor
B)felony
C)violation
D)tort

Question 18

When is a criminal said to be judgment proof?

A)when the criminal has not been read his Fifth Amendment rights prior to his arrest
B)when the criminal does not have the money to pay a civil judgment
C)when the criminal is found to be unfit to go to prison
D)when the criminal has been deemed to be insane

Question 19

A person charged with a crime in the United States is presumed guilty until proven innocent.

Question 20

A crime is the violation of a statute for which the government imposes a punishment.

Question 21

The case against the accused is dismissed if neither an indictment nor information statement is issued.

Question 22

A(n)________ is a charge of having committed a crime,usually a felony,based on the judgment of a grand jury.

A)arraignment
B)information statement
C)indictment
D)plea

Question 23

A nolo contendere plea can be used as evidence of liability against the accused at a subsequent civil trial.

Question 24

In legal terminology,evil intent is also known as ________.

Question 25

If the grand jury determines that there is sufficient evidence to hold the accused for trial,it issues a(n)________.

Question 26

Which of the following is a difference between indictments and information statements?

A)Indictments are issued before a trial,while an information statement is issued after a trial.
B)Indictments are issued by a grand jury,while an information statement is issued by a magistrate.
C)Information statements are issued to dismiss a case before it goes to trial,while an indictment is issued to bring a case to trial.
D)Information statements are issued without determining guilt,while an indictment is issued where guilt is evident.

Question 27

At what stage of the criminal procedure is the accused asked to enter a plea?

A)when the accused is taken to an arraignment
B)while an indictment or information statement is being issued
C)when the accused is being booked
D)when the accused is being arrested

Question 28

What is nolo contendere in legal proceedings?

A)a plea by which the defense attorney sets out reasons as to why the case should not go to trial
B)a plea where the accused agrees to the imposition of a penalty but does not admit guilt
C)a plea by which the defense attorney exhibits evidences that the defendant is not fit to stand for trial
D)a guilty plea where the defendant does not agree to the imposition of a penalty and asserts innocence though there is sufficient evidence against the defendant

Question 29

A jury that cannot come to a unanimous decision about the defendant's guilt is called a(n)________ jury.

A)grand
B)open
C)struck
D)hung

Question 30

Roland and Kelly were involved in a car accident in which Kelly was badly injured and had to be hospitalized.After the accident was investigated,it was determined that Roland's negligence was the cause of the accident.He was charged with reckless driving,a crime.In criminal proceedings,what course of action should Roland take to prevent Kelly from using evidence of his guilt against him in a subsequent civil trial seeking recovery for her injuries and hospital bills?

A)plead not guilty and go to trial
B)enter into a plea of nolo contendere
C)plead guilty and serve the punishment established by the government
D)enter into a plea bargain with the government,admitting guilt but receiving less punishment in return for the plea

Question 31

In which of the following cases is the felony murder rule applied?

A)when the felon in the case was killed while the crime transpired
B)when the murder was committed without intent while committing another crime
C)when the reason for the death is found to be involuntary manslaughter
D)when the crime involves the intended murder of another person

Question 32

In common law,burglary is defined as "breaking and entering a dwelling at night" with the intent to commit a misdemeanor.

Question 33

If a defendant is found not guilty in a criminal case,the government can retry the case with a new jury.

Question 34

________ crimes require that the perpetrator intended to achieve a specific result from his illegal act.

Question 35

A(n)________ is a document for a person's detainment that is based on a showing of probable cause that the person committed a crime.

A)arrest warrant
B)possessory warrant
C)no-knock warrant
D)execution warrant

Question 36

________ is defined as the substantial likelihood that a person either committed or is about to commit a crime.

A)Preponderance of the evidence
B)Reasonable doubt
C)Probable cause
D)Reasonable suspicion

Question 37

The wrongful or fraudulent taking of another's personal intangible properties like trade secrets,computer programs,and other business property is considered a(n)________.

A)robbery
B)larceny
C)aggravated robbery
D)aggravated burglary

Question 38

Explain the role of penal codes and regulatory statutes in criminal law.

Question 39

An indictment is a charge of guilt against the defendant.

Question 40

What is the necessary condition for an accused person to be found guilty by a jury?

A)The jury's guilty verdict has to be approved by the presiding judge.
B)At least half the jurors have to find the defendant guilty of the crime.
C)More than 50 percent of the jurors have to find the defendant guilty of the crime.
D)All the jurors have to unanimously agree that the defendant is guilty of the crime.

Question 41

The willful or malicious burning of a building is called ________.

Question 42

Richard Bell,an organized crime boss and casino owner,has made a lot of money with his illegal drug operations and illegal gambling.In order to make it look like he earned the drug money legitimately,Richard has hired crooks to take the illegal money and spend it in Richard's casinos in discreet amounts.The crooks are supposed to lose the money on purpose so that the casino can claim this as winnings.If he were caught,under which federal law would Richard be tried for his mob activities?

A)Counterfeit Access Device and Computer Fraud and Abuse Act
B)Identity Theft and Assumption Deterrence Act
C)Racketeer Influenced and Corrupt Organizations Act
D)Information Infrastructure Protection Act

Question 43

Which of the following crimes is an example of a white-collar crime?

A)battery
B)larceny
C)arson
D)forgery

Question 44

________ is defined as the taking of personal property from another person by the use of fear or force.

Question 45

Richard Bell,an organized crime boss and casino owner,has made a lot of money with his illegal drug operations and illegal gambling.In order to make it look like he earned the drug money legitimately,Richard has hired crooks to take the illegal money and spend it in Richard's casinos in discreet amounts.The crooks are supposed to lose the money on purpose so that the casino can claim this as winnings.What crime is Richard committing in converting his drug money to alleged legal money?

A)money laundering
B)misappropriation
C)extortion
D)embezzlement

Question 46

A party may enter a plea of ________,whereby the accused agrees to the imposition of a penalty but does not admit guilt.

Question 47

Frank Carpenter,who runs a charity organization,has been faking his father's signature on his father's personal checks and writing them in favor of the charity as donations.He gets hold of the checks from his father's personal assistant,Rhonda Mason,who is also Frank's friend and the charity's trustee.After faking the signature,Frank gives the checks to Rhonda to deposit in the bank.But unbeknownst to Frank,Rhonda routes some of the check money into her own savings account.Frank's father,Dawson,realizes that money is being withdrawn from his account without his consent.He suspects his estranged son,Frank,and in order to find out if Frank is involved,Dawson secretly offers money to the financial accountant of the charity to divulge the charity organization's financial dealings.The accountant accepts the money and gives access to the account books.After scrutinizing the financial records,Dawson realizes that Frank has been swindling him of his money,and the charity itself was being swindled by somebody from within.With this information,Dawson proceeds to file a suit against his son.In the above scenario,of which illegal activity are Rhonda and Frank guilty when it came to using Dawson's money for the charity?

A)bribery
B)criminal conspiracy
C)extortion
D)forgery

Question 48

A(n)________ is an agreement in which the accused admits to a lesser crime than charged,and in return,the government agrees to impose a lesser sentence than might have been obtained had the case gone to trial.

Question 49

Mark and Jack work as clerks at the New Bank of North America.They plan to rob the bank and manage to get its floor plans.They study the security arrangements and movements of the security personnel of the bank.They even get weapons in case force is required to rob the bank.The police,however,get information about the plan and arrest Mark and Jack before the robbery occurs.Mark and Jack have committed which of the following crimes?

A)criminal conspiracy
B)extortion
C)money laundering
D)larceny

Question 50

The crime of ________ involves the obtaining of property from another,with his or her consent,induced by wrongful use of actual or threatened force,violence,or fear.

A)embezzlement
B)bribery
C)money laundering
D)extortion

Question 51

________ is a crime in which one person gives another person money,property,favors,or anything else of value for a favor in return.

A)Bribery
B)Battery
C)Embezzlement
D)Larceny

Question 52

________ is defined as the substantial likelihood that a person either committed or is about to commit a crime.

Question 53

Why do governments and defendants enter into plea bargains?

Question 54

Discuss "receiving stolen property" as a crime.

Question 55

________ is the fraudulent conversion of property by a person to whom that property was entrusted.

A)Embezzlement
B)Bribery
C)Forgery
D)Extortion

Question 56

Which of the following does the Money Laundering Control Act prohibit?

A)the use of mails or wires to defraud another person
B)knowingly engaging in a financial transaction involving the proceeds of an unlawful activity
C)obtaining property from another,with his or her consent,induced by wrongful use of actual or threatened force
D)the fraudulent conversion of property by a person to whom that property was entrusted

Question 57

Frank Carpenter,who runs a charity organization,has been faking his father's signature on his father's personal checks and writing them in favor of the charity as donations.He gets hold of the checks from his father's personal assistant,Rhonda Mason,who is also Frank's friend and the charity's trustee.After faking the signature,Frank gives the checks to Rhonda to deposit in the bank.But unbeknownst to Frank,Rhonda routes some of the check money into her own savings account.Frank's father,Dawson,realizes that money is being withdrawn from his account without his consent.He suspects his estranged son,Frank,and in order to find out if Frank is involved,Dawson secretly offers money to the financial accountant of the charity to divulge the charity organization's financial dealings.The accountant accepts the money and gives access to the account books.After scrutinizing the financial records,Dawson realizes that Frank has been swindling him of his money,and the charity itself was being swindled by somebody from within.With this information,Dawson proceeds to file a suit against his son.In the above scenario,which of the following crimes has Rhonda Mason committed?

A)forgery
B)bribery
C)embezzlement
D)extortion

Question 58

________ is the taking of another's personal property other than from his or her person or building.

Question 59

The fraudulent making or alteration of a written document that affects the legal liability of another person is called ________.

A)larceny
B)extortion
C)forgery
D)embezzlement

Question 60

Frank Carpenter,who runs a charity organization,has been faking his father's signature on his father's personal checks and writing them in favor of the charity as donations.He gets hold of the checks from his father's personal assistant,Rhonda Mason,who is also Frank's friend and the charity's trustee.After faking the signature,Frank gives the checks to Rhonda to deposit in the bank.But unbeknownst to Frank,Rhonda routes some of the check money into her own savings account.Frank's father,Dawson,realizes that money is being withdrawn from his account without his consent.He suspects his estranged son,Frank,and in order to find out if Frank is involved,Dawson secretly offers money to the financial accountant of the charity to divulge the charity organization's financial dealings.The accountant accepts the money and gives access to the account books.After scrutinizing the financial records,Dawson realizes that Frank has been swindling him of his money,and the charity itself was being swindled by somebody from within.With this information,Dawson proceeds to file a suit against his son.In the above scenario,what illegal activity did the financial accountant of the charity partake in?

A)larceny
B)bribery
C)extortion
D)embezzlement

Question 61

Discuss mail fraud and wire fraud.

Question 62

To which Fifth Amendment provision in the U.S.Constitution do the Miranda rights refer?

A)parole eligibility
B)privilege against self-incrimination
C)inordinate seizures
D)double jeopardy

Question 63

Persons injured by a RICO violation can bring a private civil RICO action against the violator.

Question 64

According to the ________,evidence obtained from an unreasonable search and seizure can generally be prohibited from introduction at a trial or an administrative proceeding against the person searched.

A)Miranda rights
B)exclusionary rule
C)presumption of innocence doctrine
D)double jeopardy rule

Question 65

Extortion of public officials is called extortion under color of official right.

Question 66

Extortion of private persons is commonly referred to as blackmail.

Question 67

________ is a federal act that provides for both criminal and civil penalties for racketeering.

Question 68

________ crimes are prone to being committed by businesspersons,and usually involve cunning and deceit rather than physical force.

Question 69

Criminal fraud is the crime of obtaining title to property through deception or trickery.

Question 70

A criminal conspiracy occurs when two or more persons enter into an agreement to commit a crime.

Question 71

The Racketeer Influenced and Corrupt Organizations Act (RICO)applies only to organized crime.

Question 72

The Double Jeopardy Clause of the Fifth Amendment protects persons from ________.

A)evidence procured through unreasonable search and seizures
B)being tried twice for the same crime
C)confessions obtained through physical force during an interrogation
D)being subjected to a heavier penalty or longer imprisonment

Question 73

Under which of the following circumstances is a warrantless search permitted?

A)if there is no probable cause
B)if the suspect has been previously convicted
C)if evidence is not in plain view
D)if evidence is likely to be destroyed

Question 74

Violation of the Money Laundering Control Act subjects any property involved in or traceable to the offense to forfeiture to the government.

Question 75

The offeror cannot be found liable for the crime of bribery if the person to whom the bribe is offered rejects the bribe.

Question 76

Which of the following would violate the Double Jeopardy Clause?

A)The government reopens a case after new incriminating evidence is found against an acquitted person.
B)A person is tried for a case similar to a case from which he was acquitted earlier.
C)A case reaches a hung jury in court and the government reopens the case with a new jury.
D)The criminal act violates more than one jurisdiction and each jurisdiction tries the accused in turn.

Question 77

Describe the Racketeer Influenced and Corrupt Organizations Act (RICO).

Question 78

Which one of the following types of protection does the Fourth Amendment provide to U.S.citizens?

A)protection from cruel and unusual punishment for a criminal defendant
B)protection from unreasonable search and seizure by the government
C)protection against being tried for the same case twice
D)protection against self-incrimination

Question 79

Frank Carpenter,who runs a charity organization,has been faking his father's signature on his father's personal checks and writing them in favor of the charity as donations.He gets hold of the checks from his father's personal assistant,Rhonda Mason,who is also Frank's friend and the charity's trustee.After faking the signature,Frank gives the checks to Rhonda to deposit in the bank.But unbeknownst to Frank,Rhonda routes some of the check money into her own savings account.Frank's father,Dawson,realizes that money is being withdrawn from his account without his consent.He suspects his estranged son,Frank,and in order to find out if Frank is involved,Dawson secretly offers money to the financial accountant of the charity to divulge the charity organization's financial dealings.The accountant accepts the money and gives access to the account books.After scrutinizing the financial records,Dawson realizes that Frank has been swindling him of his money,and the charity itself was being swindled by somebody from within.With this information,Dawson proceeds to file a suit against his son.In the above scenario,which criminal activity is Frank engaging in when faking his father's signature?

A)embezzlement
B)forgery
C)bribery
D)extortion

Question 80

Crimes committed by businesspersons are referred to as blue-collar crimes.