Question 1

Describe how a criminal case is commenced and how it proceeds through the court system.What are the various stages in the proceeding? Be sure to use the correct terminology.

Accepted Answer

A criminal prosecution usually begins with an arrest.After arrest,the accused is booked and appears before a magistrate or justice of the peace where he is given notice of the charges against him,is informed of his rights,and has bail set.Next,a preliminary hearing is held to determine whether there is probable cause to believe that a crime has been committed and that the defendant is the one who has committed it.There may also be an indictment by a grand jury or an information by a prosecuting officer.At the arraignment,the accused enters a plea.If he pleads not guilty,a date for either a jury trial or a bench trial is set.
A criminal trial to a jury begins with jury selection and opening statements by the attorneys.Evidence is presented,closing statements are made,and the jury is instructed as to the applicable law.The jury retires to arrive at a verdict.If the verdict is "guilty," the judge will enter a judgment of conviction and set the case for sentencing.The defendant may make a motion for a new trial or may appeal.The State has no right to appeal from an acquittal.

Question 2

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

Accepted Answer

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

Question 3

Losses due to computer crimes are estimated to be:

Accepted Answer

A)  minimal,as the federal government has passed comprehensive legislation prohibiting computer crime. 
B)  in the millions of dollars. 
C)  in the tens of billions of dollars. 
D)  decreasing,as legislation and enforcement have been increasing. 
A)  minimal,as the federal government has passed comprehensive legislation prohibiting computer crime. 
B)  in the millions of dollars. 
C)  in the tens of billions of dollars. 
D)  decreasing,as legislation and enforcement have been increasing. C

Question 4

Mail fraud does not require the victim to be actually defrauded.

Accepted Answer

A) True 
 B)False

Question 5

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.

Accepted Answer

A) True 
 B)False

Question 6

If Steve,wanting to protect his warehouse,closes two pit bulldogs inside and they attack and kill an intruder,Steve would be found to have:

Accepted Answer

A)  subjective fault. 
B)  objective fault. 
C)  liability without fault. 
D)  no fault,as he was merely protecting his property. 
A)  subjective fault. 
B)  objective fault. 
C)  liability without fault. 
D)  no fault,as he was merely protecting his property.

Question 7

Cybercrime:

Accepted Answer

A)  may be categorized based on whether the computer was the instrument or the target of the crime. 
B)  has not been regulated by state laws. 
C)  has been controlled by comprehensive federal legislation. 
D)  is easy to detect. 
A)  may be categorized based on whether the computer was the instrument or the target of the crime. 
B)  has not been regulated by state laws. 
C)  has been controlled by comprehensive federal legislation. 
D)  is easy to detect.

Question 8

A grand jury decision will result in a final judgment as to the guilt or innocence of the defendant.

Accepted Answer

A) True 
 B)False

Question 9

The Sarbanes-Oxley Act created a powerful Accounting Oversight Board with authority to review and discipline auditors.

Accepted Answer

A) True 
 B)False

Question 10

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.

Accepted Answer

A) True 
 B)False

Question 11

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

Accepted Answer

A)  actus reus. 
B)  mens rea. 
C)  vicarious liability. 
D)  malice aforethought. 
A)  actus reus. 
B)  mens rea. 
C)  vicarious liability. 
D)  malice aforethought.

Question 12

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

Accepted Answer

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

Question 13

In a criminal case,the defendant must be tried by jury if he so desires.

Accepted Answer

A) True 
 B)False

Question 14

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

Accepted Answer

A)  the police are in hot pursuit of a criminal. 
B)  voluntary consent is given to the search. 
C)  evidence of a crime is in plain view of the police officer. 
D)  a witness has described the location of the evidence in the suspect's house. 
A)  the police are in hot pursuit of a criminal. 
B)  voluntary consent is given to the search. 
C)  evidence of a crime is in plain view of the police officer. 
D)  a witness has described the location of the evidence in the suspect's house.

Question 15

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

Accepted Answer

A)  The grand jury decides guilt or innocence of the defendant. 
B)  The grand jury always hears testimony from the defendant. 
C)  The grand jury can issue an indictment if it finds sufficient evidence to justify a trial on the charges alleged. 
D)  None of these. 
A)  The grand jury decides guilt or innocence of the defendant. 
B)  The grand jury always hears testimony from the defendant. 
C)  The grand jury can issue an indictment if it finds sufficient evidence to justify a trial on the charges alleged. 
D)  None of these.

Question 16

Describe the crime of false pretenses and name and define three crimes similar to false pretenses that were discussed in the textbook.

Accepted Answer

False pretenses is the crime of obtainin

Question 17

Bill has had a problem with vandalism at his business.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.

Accepted Answer

A) True 
 B)False

Question 18

Robbery is a larceny accompanied by force.

Accepted Answer

A) True 
 B)False

Question 19

Corporations may be held liable for crimes.

Accepted Answer

A) True 
 B)False

Question 20

Unlike larceny,embezzlement requires the intent to permanently deprive the owner of his property.

Accepted Answer

A) True 
 B)False

Exam 6: Criminal Law

Describe how a criminal case is commenced and how it proceeds through the court system.What are the various stages in the proceeding? Be sure to use the correct terminology.

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

Losses due to computer crimes are estimated to be:

Mail fraud does not require the victim to be actually defrauded.

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.

If Steve,wanting to protect his warehouse,closes two pit bulldogs inside and they attack and kill an intruder,Steve would be found to have:

Cybercrime:

A grand jury decision will result in a final judgment as to the guilt or innocence of the defendant.

The Sarbanes-Oxley Act created a powerful Accounting Oversight Board with authority to review and discipline auditors.

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.

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

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

In a criminal case,the defendant must be tried by jury if he so desires.

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

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

Describe the crime of false pretenses and name and define three crimes similar to false pretenses that were discussed in the textbook.

Bill has had a problem with vandalism at his business.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.

Robbery is a larceny accompanied by force.

Corporations may be held liable for crimes.

Unlike larceny,embezzlement requires the intent to permanently deprive the owner of his property.

Introduction to Law

Business Ethics and the Social Responsibility of Business

Civil Dispute Resolution

Constitutional Law

Administrative Law

A: Administrative Law

Intentional Torts

Negligence and Strict Liability

Introduction to Contracts

Mutual Assent

Conduct Invalidating Assent

Consideration

Illegal Bargains

Contractual Capacity

Contracts in Writing

Third Parties to Contracts

Performance,breach,and Discharge

Contract Remedies

Relationship of Principal and Agent

Relationship With Third Parties

Introduction to Sales and Leases

Performance

Transfer of Title and Risk of Loss

Products Liability: Warranties and Strict Liability in Tort

Sales Remedies

Form and Content

Transfer and Holder in Due Course

Liability of Parties

Bank Deposits,collections,and Funds Transfers

Formation and Internal Relations of General Partnerships

Operation and Dissolution of General Partnerships

Limited Partnerships and Limited Liability Companies

Nature,formation,and Powers

Financial Structure

Management Structure

Fundamental Changes

Secured Transactions and Suretyship

Bankruptcy

Protection of Intellectual Property

Antitrust

Consumer Protection Double

Employment Law

Securities Regulation

Accountants Legal Liability

Environmental Law

International Business Law

Introduction to Property,property Insurance,bailments,and Documents of Title

Interests in Real Property

Transfer and Control of Real Property

Trusts and Decedents Estates

Legal Terminology: Understanding Criminal and Civil Law Systems

Contract Law Terminology

Exploring the Legal Concepts of Agency and Fiduciary Duty

Understanding Key Legal Concepts in Sales and Contracts

Understanding the Terminology of Banking and Finance: Key Concepts and Definitions

Exploring Legal Concepts and Processes in Business Partnerships

Understanding Corporate Law: A Guide to Ultra Vires Acts, Subscribers, Debt Securities, and More

Understanding Key Terms in Secured Transactions and Bankruptcy Law

Legal Topics and Terms