Question 1

Extortion of public officials is called extortion under color of non-professional right.

Accepted Answer

A) True 
 B)False

Question 2

An accused person must be formally charged with a crime before he or she can be brought to trial.This is usually done through the issuance of a ________.

Accepted Answer

A)  grand jury indictment 
B)  declaratory judgment 
C)  magistrate's information statement 
D)  grand jury indictment or a declaratory judgment 
E)  grand jury indictment or a magistrate's information statement 
A)  grand jury indictment 
B)  declaratory judgment 
C)  magistrate's information statement 
D)  grand jury indictment or a declaratory judgment 
E)  grand jury indictment or a magistrate's information statement

Question 3

Misdemeanors are the least serious of crimes.

Accepted Answer

A) True 
 B)False

Question 4

Jan saw an item at a local department store that she considered purchasing but did not.After getting home,she changed her mind.Her roommate was going to the same store,so Jan asked the roommate to pick up the item for her.Jan gave her credit card to the roommate and said,"Just sign my name; you know they never check the signature." The roommate purchased the item with Jan's credit card and signed Jan's name.Has the roommate committed forgery?

Accepted Answer

A)  yes, because the roommate misrepresented that she was Jan 
B)  yes, because forgery occurs whenever one person signs the name of another 
C)  no, because the store did not realize that the roommate was not Jan 
D)  no, because the roommate did not intend to defraud either Jan or the store 
E)  no, because Jan is always liable for charges on her credit card 
A)  yes, because the roommate misrepresented that she was Jan 
B)  yes, because forgery occurs whenever one person signs the name of another 
C)  no, because the store did not realize that the roommate was not Jan 
D)  no, because the roommate did not intend to defraud either Jan or the store 
E)  no, because Jan is always liable for charges on her credit card

Question 5

RICO has been applied to defendants who have no connections to organized crime.

Accepted Answer

A) True 
 B)False

Question 6

Which of the following statements is true?

Accepted Answer

A)  The Fifth Amendment guarantee against self-incrimination does not prohibit the taking of fingerprints against a suspect's will. 
B)  The Fifth Amendment guarantee against self-incrimination has been extended to include all business records and documents. 
C)  Even if immunity from prosecution has been granted, the defendant may still refuse to testify. 
D)  The attorney-client privilege is the only privilege that has been recognized under the Fifth Amendment. 
E)  The Fifth Amendment guarantee against self-incrimination prohibits the taking of fingerprints against a suspect's will. 
A)  The Fifth Amendment guarantee against self-incrimination does not prohibit the taking of fingerprints against a suspect's will. 
B)  The Fifth Amendment guarantee against self-incrimination has been extended to include all business records and documents. 
C)  Even if immunity from prosecution has been granted, the defendant may still refuse to testify. 
D)  The attorney-client privilege is the only privilege that has been recognized under the Fifth Amendment. 
E)  The Fifth Amendment guarantee against self-incrimination prohibits the taking of fingerprints against a suspect's will.

Question 7

The crime of embezzlement occurs if a written document is fraudulently made or altered and that change affects the legal liability of another person.

Accepted Answer

A) True 
 B)False

Question 8

A criminal act is known as the mens rea,while criminal intent is known as the actus reus.

Accepted Answer

A) True 
 B)False

Question 9

Which is true about jury verdicts in criminal cases?

Accepted Answer

A)  If a defendant is found guilty, the defendant may appeal. 
B)  If the defendant is found not guilty by the jury after a fair trial, the government may appeal. 
C)  If the jury cannot agree on guilt or innocence, this is a hung jury and the defendant goes free just as if found not guilty. 
D)  In the case of a tie jury vote, the judge casts a vote to break the tie. 
E)  If the jury cannot reach a verdict within seventy-two (72) hours from the beginning of jury deliberations, the judge must, according to the rules of criminal procedure, declare a mistrial in the case. 
A)  If a defendant is found guilty, the defendant may appeal. 
B)  If the defendant is found not guilty by the jury after a fair trial, the government may appeal. 
C)  If the jury cannot agree on guilt or innocence, this is a hung jury and the defendant goes free just as if found not guilty. 
D)  In the case of a tie jury vote, the judge casts a vote to break the tie. 
E)  If the jury cannot reach a verdict within seventy-two (72) hours from the beginning of jury deliberations, the judge must, according to the rules of criminal procedure, declare a mistrial in the case.

Question 10

At common law,someone who pickpockets a wallet would be guilty of robbery.

Accepted Answer

A) True 
 B)False

Question 11

The following circumstances justify a warrantless search except:

Accepted Answer

A)  when the search is incident to arrest. 
B)  when the search pertains to evidence in plain view. 
C)  when the searching officer is convinced of the suspect's guilt beyond a reasonable doubt. 
D)  when it is likely that evidence will be destroyed. 
E)  when the suspect consents to the search. 
A)  when the search is incident to arrest. 
B)  when the search pertains to evidence in plain view. 
C)  when the searching officer is convinced of the suspect's guilt beyond a reasonable doubt. 
D)  when it is likely that evidence will be destroyed. 
E)  when the suspect consents to the search.

Question 12

Roger intentionally set his residence on fire in order to collect insurance proceeds.While the fire was being fought,the police arrived to help with the crowd of onlookers.Roger realized he had done something wrong and went to one of the police officers and told the officer that he had started the fire intentionally.The police officer did not give Roger the Miranda warnings.Roger was not a suspect at the time he made the confession.What is the most likely outcome if Roger tries to have the confession excluded from evidence at trial?

Accepted Answer

A)  Because the Miranda warnings were not given, the confession must be excluded. 
B)  Because Roger was not in custody, was not a suspect, and was not being questioned about the fire, the Miranda warnings did not need to be given and the confession may be admitted as evidence. 
C)  Because the police did not have an arrest warrant, the confession cannot be admitted because the Miranda warnings were not given. 
D)  Because the 5th Amendment requires exclusion of any incriminating evidence, the confession cannot be used. 
E)  Because the Fourth Amendment requires the exclusion of any incrimination evidence, the confession cannot be used. 
A)  Because the Miranda warnings were not given, the confession must be excluded. 
B)  Because Roger was not in custody, was not a suspect, and was not being questioned about the fire, the Miranda warnings did not need to be given and the confession may be admitted as evidence. 
C)  Because the police did not have an arrest warrant, the confession cannot be admitted because the Miranda warnings were not given. 
D)  Because the 5th Amendment requires exclusion of any incriminating evidence, the confession cannot be used. 
E)  Because the Fourth Amendment requires the exclusion of any incrimination evidence, the confession cannot be used.

Question 13

In a larceny,the taking is the actus reus.

Accepted Answer

A) True 
 B)False

Question 14

A lawsuit for any torts connected with a crime must be brought by the victim in a lawsuit that is separate from the criminal case.

Accepted Answer

A) True 
 B)False

Question 15

Miranda rights:

Accepted Answer

A)  are all contained in the Fifth Amendment. 
B)  are all contained in the Sixth Amendment. 
C)  are a combination of rights contained in the Fifth and Eighth Amendments. 
D)  are a combination of rights contained in the Fifth and Sixth Amendments. 
E)  are a combination of rights contained in the Fifth, Sixth and Eighth Amendments. 
A)  are all contained in the Fifth Amendment. 
B)  are all contained in the Sixth Amendment. 
C)  are a combination of rights contained in the Fifth and Eighth Amendments. 
D)  are a combination of rights contained in the Fifth and Sixth Amendments. 
E)  are a combination of rights contained in the Fifth, Sixth and Eighth Amendments.

Question 16

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

Accepted Answer

A)  nolo contendere 
B)  absolution 
C)  prayer for judgment continued 
D)  no mas 
E)  summary judgment 
A)  nolo contendere 
B)  absolution 
C)  prayer for judgment continued 
D)  no mas 
E)  summary judgment

Question 17

In State of Ohio v.Wilson,in which Wilson set his girlfriend on fire and she died nine months later,the court decided that:

Accepted Answer

A)  Wilson was convicted of aggravated assault but could not be charged with murder because Melissa Spear did not die immediately from her burns. 
B)  Wilson could not be convicted of murder because he intended to hurt her but not kill her, so there was no intent. 
C)  The fire had a causal connection to Melissa's death, so Wilson was guilty of murder even though she did not immediately die. 
D)  Foreseeability could not be proven, so the case was remanded to the lower court to be retried. 
E)  Wilson could not be found guilty of murder because there is a six-month statute of limitations from the act to the death. Anything longer makes the proximate cause too remote. 
A)  Wilson was convicted of aggravated assault but could not be charged with murder because Melissa Spear did not die immediately from her burns. 
B)  Wilson could not be convicted of murder because he intended to hurt her but not kill her, so there was no intent. 
C)  The fire had a causal connection to Melissa's death, so Wilson was guilty of murder even though she did not immediately die. 
D)  Foreseeability could not be proven, so the case was remanded to the lower court to be retried. 
E)  Wilson could not be found guilty of murder because there is a six-month statute of limitations from the act to the death. Anything longer makes the proximate cause too remote.

Question 18

The police can make a warrantless arrest if they arrive during the commission of a crime,when a person is fleeing from the scene of a crime,or when it is likely that evidence will be destroyed.

Accepted Answer

A) True 
 B)False

Question 19

Sometimes a murder is committed during the commission of another crime even though the perpetrator did not originally intend to commit murder.Most states hold the perpetrator liable for the crime of murder in addition to the other crimes.This is called the ________ rule.

Accepted Answer

A)  statutory murder 
B)  misdemeanor murder 
C)  felony murder 
D)  misdemeanor manslaughter 
E)  felony manslaughter 
A)  statutory murder 
B)  misdemeanor murder 
C)  felony murder 
D)  misdemeanor manslaughter 
E)  felony manslaughter

Question 20

The crime of embezzlement is the negligent conversion of property by a person to whom that property was entrusted.

Accepted Answer

A) True 
 B)False

Exam 6: Criminal Law and Cyber Crimes

Extortion of public officials is called extortion under color of non-professional right.

An accused person must be formally charged with a crime before he or she can be brought to trial.This is usually done through the issuance of a ________.

Misdemeanors are the least serious of crimes.

RICO has been applied to defendants who have no connections to organized crime.

Which of the following statements is true?

The crime of embezzlement occurs if a written document is fraudulently made or altered and that change affects the legal liability of another person.

A criminal act is known as the mens rea,while criminal intent is known as the actus reus.

Which is true about jury verdicts in criminal cases?

At common law,someone who pickpockets a wallet would be guilty of robbery.

The following circumstances justify a warrantless search except:

In a larceny,the taking is the actus reus.

A lawsuit for any torts connected with a crime must be brought by the victim in a lawsuit that is separate from the criminal case.

Miranda rights:

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

In State of Ohio v.Wilson,in which Wilson set his girlfriend on fire and she died nine months later,the court decided that:

The police can make a warrantless arrest if they arrive during the commission of a crime,when a person is fleeing from the scene of a crime,or when it is likely that evidence will be destroyed.

Sometimes a murder is committed during the commission of another crime even though the perpetrator did not originally intend to commit murder.Most states hold the perpetrator liable for the crime of murder in addition to the other crimes.This is called the ________ rule.

The crime of embezzlement is the negligent conversion of property by a person to whom that property was entrusted.

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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