Question 1

Criminal cases begin with a complaint and summons served on the defendant.

Accepted Answer

A) True 
 B)False  False

Question 2

If the government agrees to accept a nolo contendere plea,the accused and the government usually enter into a plea bargain in which the accused agrees to the imposition of a penalty and admits guilt.

Accepted Answer

A) True 
 B)False  False

Question 3

The Counterfeit Access Device and Computer Fraud and Abuse Act (CFAA)makes it a federal crime to access a computer knowingly to obtain restricted federal government information,financial records of financial institutions,or consumer reports of consumer reporting agencies.

Accepted Answer

A) True 
 B)False  True

Question 4

A penalty cannot be imposed based on a nolo contendere plea.

Accepted Answer

A) True 
 B)False

Question 5

Extortion is also commonly called:

Accepted Answer

A)  larceny under rightful color. 
B)  embezzlement. 
C)  deceit. 
D)  bribery. 
E)  blackmail. 
A)  larceny under rightful color. 
B)  embezzlement. 
C)  deceit. 
D)  bribery. 
E)  blackmail.

Question 6

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

Accepted Answer

A)  Actual 
B)  Exacting 
C)  Specific 
D)  General 
E)  Statutory 
A)  Actual 
B)  Exacting 
C)  Specific 
D)  General 
E)  Statutory

Question 7

The Miranda decision requires that a criminal suspect be notified of all of the following except:

Accepted Answer

A)  the right to a trial by jury. 
B)  the right to have a lawyer present during interrogation. 
C)  the fact that anything the suspect says may be used against the suspect. 
D)  the right of the suspect to remain silent. 
E)  the right to have an attorney appointed if the suspect cannot afford one. 
A)  the right to a trial by jury. 
B)  the right to have a lawyer present during interrogation. 
C)  the fact that anything the suspect says may be used against the suspect. 
D)  the right of the suspect to remain silent. 
E)  the right to have an attorney appointed if the suspect cannot afford one.

Question 8

A grand jury determines guilt.

Accepted Answer

A) True 
 B)False

Question 9

Which of the following is not true about the United States criminal law system?

Accepted Answer

A)  Criminal defendants are presumed innocent until proven guilty. 
B)  The burden of proof in a criminal case is on the government. 
C)  A jury's vote to convict must be unanimous. 
D)  Once there has been an arraignment, most of a defendant's constitutional rights are no longer applicable. 
E)  The defendant has a constitutionally-protected right to a jury trial in a criminal case. 
A)  Criminal defendants are presumed innocent until proven guilty. 
B)  The burden of proof in a criminal case is on the government. 
C)  A jury's vote to convict must be unanimous. 
D)  Once there has been an arraignment, most of a defendant's constitutional rights are no longer applicable. 
E)  The defendant has a constitutionally-protected right to a jury trial in a criminal case.

Question 10

Murder is defined as the unlawful killing of a human being by another with ________.

Accepted Answer

A)  mala prohibita 
B)  mala in se 
C)  malice aforethought 
D)  malice afterthought 
E)  reasonable foreseeability 
A)  mala prohibita 
B)  mala in se 
C)  malice aforethought 
D)  malice afterthought 
E)  reasonable foreseeability

Question 11

Signing someone else's name to a check is considered forgery regardless of whether there was intent to deceive.

Accepted Answer

A) True 
 B)False

Question 12

An arraignment is necessary before an indictment can be issued.

Accepted Answer

A) True 
 B)False

Question 13

The crime of involuntary manslaughter is an intent crime.

Accepted Answer

A) True 
 B)False

Question 14

Imprisonment is generally imposed to serve the following functions except:

Accepted Answer

A)  protect society from the person imprisoned. 
B)  provide a means to rehabilitate the criminal. 
C)  allow victims to have a formalized process to meet and confront the criminal. 
D)  deter others from engaging in the same conduct. 
E)  inhibit personal retribution by the victim. 
A)  protect society from the person imprisoned. 
B)  provide a means to rehabilitate the criminal. 
C)  allow victims to have a formalized process to meet and confront the criminal. 
D)  deter others from engaging in the same conduct. 
E)  inhibit personal retribution by the victim.

Question 15

Because of the prohibition against double jeopardy:

Accepted Answer

A)  the government may not retry a defendant when the case ends with a hung jury. 
B)  all criminal defendants are entitled to an attorney. 
C)  persons are allowed one phone call when arrested. 
D)  a jury's verdict in a criminal case is final and cannot be appealed. 
E)  the government may not retry a defendant when the case ends with a verdict of not guilty. 
A)  the government may not retry a defendant when the case ends with a hung jury. 
B)  all criminal defendants are entitled to an attorney. 
C)  persons are allowed one phone call when arrested. 
D)  a jury's verdict in a criminal case is final and cannot be appealed. 
E)  the government may not retry a defendant when the case ends with a verdict of not guilty.

Question 16

Imprisonment can be imposed for:

Accepted Answer

A)  felonies. 
B)  felonies and misdemeanors. 
C)  felonies and violations. 
D)  misdemeanors and violations. 
E)  felonies, misdemeanors and violations. 
A)  felonies. 
B)  felonies and misdemeanors. 
C)  felonies and violations. 
D)  misdemeanors and violations. 
E)  felonies, misdemeanors and violations.

Question 17

Under common law,arson was defined as intentionally burning one's own dwelling in order to collect insurance proceeds.

Accepted Answer

A) True 
 B)False

Question 18

Under RICO:

Accepted Answer

A)  racketeering activity is narrowly defined to include only offenses commonly engaged in by organized crime such as money laundering. 
B)  to constitute a pattern under the statute the conduct must be engaged in at least once a year for five consecutive years. 
C)  only corporations and individuals are subject to its provisions. 
D)  a successful plaintiff in a civil action may recover treble damages plus attorney fees if successful. 
E)  only organized crime organizations and their members can be convicted under the statute. 
A)  racketeering activity is narrowly defined to include only offenses commonly engaged in by organized crime such as money laundering. 
B)  to constitute a pattern under the statute the conduct must be engaged in at least once a year for five consecutive years. 
C)  only corporations and individuals are subject to its provisions. 
D)  a successful plaintiff in a civil action may recover treble damages plus attorney fees if successful. 
E)  only organized crime organizations and their members can be convicted under the statute.

Question 19

RICO stands for the Racketeer Influenced and Corrupt Organizations Act.

Accepted Answer

A) True 
 B)False

Question 20

Mala prohibita crimes are more serious than mala in se crimes.

Accepted Answer

A) True 
 B)False

Exam 6: Criminal Law and Cyber Crimes

Criminal cases begin with a complaint and summons served on the defendant.

If the government agrees to accept a nolo contendere plea,the accused and the government usually enter into a plea bargain in which the accused agrees to the imposition of a penalty and admits guilt.

The Counterfeit Access Device and Computer Fraud and Abuse Act (CFAA)makes it a federal crime to access a computer knowingly to obtain restricted federal government information,financial records of financial institutions,or consumer reports of consumer reporting agencies.

A penalty cannot be imposed based on a nolo contendere plea.

Extortion is also commonly called:

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

The Miranda decision requires that a criminal suspect be notified of all of the following except:

A grand jury determines guilt.

Which of the following is not true about the United States criminal law system?

Murder is defined as the unlawful killing of a human being by another with ________.

Signing someone else's name to a check is considered forgery regardless of whether there was intent to deceive.

An arraignment is necessary before an indictment can be issued.

The crime of involuntary manslaughter is an intent crime.

Imprisonment is generally imposed to serve the following functions except:

Because of the prohibition against double jeopardy:

Imprisonment can be imposed for:

Under common law,arson was defined as intentionally burning one's own dwelling in order to collect insurance proceeds.

Under RICO:

RICO stands for the Racketeer Influenced and Corrupt Organizations Act.

Mala prohibita crimes are more serious than mala in se crimes.

Legal Heritage and the Information Age

Constitutional Law for Business and E-Commerce

Courts and Jurisdiction

Judicial, Alternative, Administrative, and E-Dispute Resolution

Torts and Strict Liability

Intellectual Property and Cyber Piracy

Ethics and Social Responsibility of Business

Nature of Traditional and E-Contracts

Agreement and Consideration

Capacity and Legality

Genuineness of Assent and Statute of Frauds

Third-Party Rights and Discharge

Breach of Contract and Remedies

Digital Law and E-Commerce

Formation of Sales, Lease, and E-Contracts

Performance of Sales, Leases and E-Contracts

Remedies for Breach of Sales and Lease Contracts

Warranties and Product Liability

Creation and Transfer of Negotiable Instruments

Holder in Due Course and Liability of Parties

Banking System, E-Money, and Financial Reform

Credit and Secured Transactions

Bankruptcy and Reorganization

Agency Law

Small Business, Entrepreneurship, and Partnerships

Corporate Formation and Financing

Corporate Governance and Sarbanes-Oxley Act

Corporate Acquisitions and Multinational Corporations

Limited Liability Company and Limited Liability Partnership

Franchise and Special Forms of Business

Investor Protection,E-Securities Transactions,and Wall Street Reform

Antitrust Law

Consumer Safety, Consumer Financial Protection, and Environmental Protection

Labor, Worker Protection, Employment, and Immigration Law

Equal Opportunity in Employment

Personal Property, Bailment, and Insurance

Real Property, Landlord-Tenant Law, and Land Use Regulation

Family Law, Wills, and Trusts

Accountants' Liability

International and World Trade Law

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