Question 1

Under strict liability,a defendant can be guilty of a crime regardless of his or her state of mind.

Accepted Answer

A) True 
 B)False  True

Question 2

A jury trial is not required in cases in which the authorized punishment for the charged offense is six months or less.

Accepted Answer

A) True 
 B)False  True

Question 3

State laws imposing criminal sanctions for security law violations are called blue sky laws.

Accepted Answer

A) True 
 B)False  True

Question 4

In a federal proceeding,which of the following is true regarding evidence that the prosecution must share with the defendant?

Accepted Answer

A)  The prosecution must share evidence that the defendant requests. 
B)  The prosecution must share any exculpatory evidence regardless of whether the defendant requested it. 
C)  The prosecution must share evidence that the defendant requests, and the prosecution must also share any exculpatory evidence regardless of whether the defendant requested it. 
D)  The prosecution is not required to share any evidence with the defendant. 
A)  The prosecution must share evidence that the defendant requests. 
B)  The prosecution must share any exculpatory evidence regardless of whether the defendant requested it. 
C)  The prosecution must share evidence that the defendant requests, and the prosecution must also share any exculpatory evidence regardless of whether the defendant requested it. 
D)  The prosecution is not required to share any evidence with the defendant.

Question 5

Set forth five of the nine factors used by the Department of Justice to decide whether to indict a corporation.

Accepted Answer

The nine factors are as follows: 1.The n

Question 6

The Fifth Amendment protects citizens from involuntary self-incrimination.Discuss the application of this constitutional protection in the following areas: a statement made by a defendant in custody prior to receiving Miranda warnings when the police intentionally,rather than mistakenly,delayed in providing the warnings; a blood sample given by a defendant; a handwriting sample given a defendant; required participation in a lineup. Explain transactional and use immunity.How does each affect a person's right not to testify under oath? Discuss fully.

Accepted Answer

The Fifth Amendment is violated if a sta

Question 7

A valid search warrant must _________.

Accepted Answer

A)  be based on reasonable cause 
B)  describe in specific detail what is to be searched or seized 
C)  be supported by an informant 
D)  be issued at least 24 hours before the search 
A)  be based on reasonable cause 
B)  describe in specific detail what is to be searched or seized 
C)  be supported by an informant 
D)  be issued at least 24 hours before the search

Question 8

The ________ prohibits the introduction of evidence offered as proof of guilt in a criminal trial that was illegally obtained in violation of the Fourth Amendment.

Accepted Answer

A)  exclusionary rule 
B)  involuntary evidence bar 
C)  good faith exception 
D)  inevitable discovery exception 
A)  exclusionary rule 
B)  involuntary evidence bar 
C)  good faith exception 
D)  inevitable discovery exception

Question 9

In a criminal case,the accused is presumed innocent until proven guilty

Accepted Answer

A)  by a preponderance of the evidence 
B)  by clear and convincing evidence 
C)  beyond a reasonable doubt 
D)  by a preponderance of the evidence for some offences and beyond a reasonable doubt for others. 
A)  by a preponderance of the evidence 
B)  by clear and convincing evidence 
C)  beyond a reasonable doubt 
D)  by a preponderance of the evidence for some offences and beyond a reasonable doubt for others.

Question 10

Evidence illegally obtained by the police in violation of the Fourth Amendment will be excluded from trial whether or not the police acted in good faith.

Accepted Answer

A) True 
 B)False

Question 11

The mens rea for recklessness involves the same elements and standards as those required for intentional wrongdoing.

Accepted Answer

A) True 
 B)False

Question 12

The number of U.S.federal criminal offenses is in the range of ______.

Accepted Answer

A)  300 
B)  1,000 
C)  5,500 
D)  19,500 
A)  300 
B)  1,000 
C)  5,500 
D)  19,500

Question 13

A misdemeanor is a crime punishable by a fine or a jail sentence of one year or less.

Accepted Answer

A) True 
 B)False

Question 14

The Model Prison Code is a set of criminal law statutes that were proposed by the National Conference of Commissioners on Uniform state Laws for adoption by the states.

Accepted Answer

A) True 
 B)False

Question 15

Paul suspects that his girlfriend Jen,who does a significant amount of photography on a freelance basis from her home,is cheating on her income taxes. One day he and Jen have a big argument,and she tells him to get lost. The next weekend,while Jen is out with her new boyfriend,Paul uses his spare key to her house and goes in to her home office. He goes through the records she keeps of her receipts and checks,as well as copies of her income tax filings. Just as he suspected,Jen was taking significant cash payments without paying tax. He took the incriminating records to the Internal Revenue Service. Jen was later arrested for income tax evasion. She tells her lawyer that she wants to defend on the basis that Paul violated her Fourth Amendment rights by conducting an illegal search. Which of the following is true regarding her claim?

Accepted Answer

A)  She is correct that her Fourth Amendment rights were violated by the search, and the evidence Paul obtained should be excluded from the trial. 
B)  She is correct that her Fourth Amendment rights were violated by the search, but the evidence Paul obtained should not be excluded from the trial. 
C)  She is correct that her Fourth Amendment rights were violated; but the evidence will be excluded from trial only if she can establish that she had requested that Paul return the key, and he had wrongfully refused to do so. 
D)  She is incorrect in asserting that her Fourth Amendment rights were violated by Paul's actions. 
A)  She is correct that her Fourth Amendment rights were violated by the search, and the evidence Paul obtained should be excluded from the trial. 
B)  She is correct that her Fourth Amendment rights were violated by the search, but the evidence Paul obtained should not be excluded from the trial. 
C)  She is correct that her Fourth Amendment rights were violated; but the evidence will be excluded from trial only if she can establish that she had requested that Paul return the key, and he had wrongfully refused to do so. 
D)  She is incorrect in asserting that her Fourth Amendment rights were violated by Paul's actions.

Question 16

The Racketeer Influenced and Corrupt Organizations Act (RICO)was originally designed to combat corporate crime.

Accepted Answer

A) True 
 B)False

Question 17

The defendant formally pleads guilty or not guilty at the

Accepted Answer

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

Question 18

Which of the following was the result in United States v.Forrester,the case in the text involving the issue of whether,without a search warrant,the government can obtain e-mail addresses and information regarding Internet sites visited through installation of a device at the location of the Internet service provider?

Accepted Answer

A)  That the government violated the defendant's constitutional rights because no warrant was obtained. 
B)  That obtaining the information did not constitute a Fourth Amendment search, and that the defendant's constitutional rights were not violated. 
C)  That obtaining the information was a Fourth Amendment search, but that the defendant's constitutional rights were not violated. 
D)  That obtaining the information did not constitute a Fourth Amendment search, but that the defendant's due process rights were violated. 
A)  That the government violated the defendant's constitutional rights because no warrant was obtained. 
B)  That obtaining the information did not constitute a Fourth Amendment search, and that the defendant's constitutional rights were not violated. 
C)  That obtaining the information was a Fourth Amendment search, but that the defendant's constitutional rights were not violated. 
D)  That obtaining the information did not constitute a Fourth Amendment search, but that the defendant's due process rights were violated.

Question 19

Benji,a truck driver,is told by his boss,Penny,to quickly deliver a load of steel and to get to the location within an hour regardless. Benji replied,"That's impossible - I'd have to go 90 miles per hour to do that." Penny said,"Well,you'd best get started." Not surprisingly,Benji was stopped by a highway patrol officer and fined for both speeding and reckless driving. When he went to court,Benji told the judge that he should be found innocent because he was only acting upon orders of his boss,Penny. Is Benji correct?

Accepted Answer

A)  Yes. 
B)  No. 
C)  Yes, but only if he can establish that he had a written contract obligating him to follow Penny's orders. 
D)  Yes, but only if he has no previous record of speeding. 
A)  Yes. 
B)  No. 
C)  Yes, but only if he can establish that he had a written contract obligating him to follow Penny's orders. 
D)  Yes, but only if he has no previous record of speeding.

Question 20

Most computer-aided thefts can be prosecuted under traditional state larceny laws.

Accepted Answer

A) True 
 B)False

Under strict liability,a defendant can be guilty of a crime regardless of his or her state of mind.

A jury trial is not required in cases in which the authorized punishment for the charged offense is six months or less.

State laws imposing criminal sanctions for security law violations are called blue sky laws.

In a federal proceeding,which of the following is true regarding evidence that the prosecution must share with the defendant?

Set forth five of the nine factors used by the Department of Justice to decide whether to indict a corporation.

A valid search warrant must _________.

The ________ prohibits the introduction of evidence offered as proof of guilt in a criminal trial that was illegally obtained in violation of the Fourth Amendment.

In a criminal case,the accused is presumed innocent until proven guilty

Evidence illegally obtained by the police in violation of the Fourth Amendment will be excluded from trial whether or not the police acted in good faith.

The mens rea for recklessness involves the same elements and standards as those required for intentional wrongdoing.

The number of U.S.federal criminal offenses is in the range of ______.

A misdemeanor is a crime punishable by a fine or a jail sentence of one year or less.

The Model Prison Code is a set of criminal law statutes that were proposed by the National Conference of Commissioners on Uniform state Laws for adoption by the states.

The Racketeer Influenced and Corrupt Organizations Act (RICO)was originally designed to combat corporate crime.

The defendant formally pleads guilty or not guilty at the

Most computer-aided thefts can be prosecuted under traditional state larceny laws.

law, value creation, and risk management

Ethics ant the law

Courts, sources of law, and dispute resolution

Constitutional bases for business regulation

Agency

Administrative Law

Contracts

sales,licensing,and e-commerce

Torts and Privacy protection

product liability

Intellectual property

The employment agreement

civil rights and employment discrimination

Environmental law

Antitrust

Consumer Protection

real property and land use

Forms of business organizations

Directors, Officers, and Controlling Shareholders

Public and Private Offerings of Securities

Securities Fraud and insider trading

Debtor-Creditor Relations and Bankruptcy

International Business

Filters

Exam 14: Criminal law

Under strict liability,a defendant can be guilty of a crime regardless of his or her state of mind.

A jury trial is not required in cases in which the authorized punishment for the charged offense is six months or less.

State laws imposing criminal sanctions for security law violations are called blue sky laws.

In a federal proceeding,which of the following is true regarding evidence that the prosecution must share with the defendant?

Set forth five of the nine factors used by the Department of Justice to decide whether to indict a corporation.

A valid search warrant must _________.

The ________ prohibits the introduction of evidence offered as proof of guilt in a criminal trial that was illegally obtained in violation of the Fourth Amendment.

In a criminal case,the accused is presumed innocent until proven guilty

Evidence illegally obtained by the police in violation of the Fourth Amendment will be excluded from trial whether or not the police acted in good faith.

The mens rea for recklessness involves the same elements and standards as those required for intentional wrongdoing.

The number of U.S.federal criminal offenses is in the range of ______.

A misdemeanor is a crime punishable by a fine or a jail sentence of one year or less.

The Model Prison Code is a set of criminal law statutes that were proposed by the National Conference of Commissioners on Uniform state Laws for adoption by the states.

The Racketeer Influenced and Corrupt Organizations Act (RICO)was originally designed to combat corporate crime.

The defendant formally pleads guilty or not guilty at the

Most computer-aided thefts can be prosecuted under traditional state larceny laws.

law, value creation, and risk management

Ethics ant the law

Courts, sources of law, and dispute resolution

Constitutional bases for business regulation

Agency

Administrative Law

Contracts

sales,licensing,and e-commerce

Torts and Privacy protection

product liability

Intellectual property

The employment agreement

civil rights and employment discrimination

Environmental law

Antitrust

Consumer Protection

real property and land use

Forms of business organizations

Directors, Officers, and Controlling Shareholders

Public and Private Offerings of Securities

Securities Fraud and insider trading

Debtor-Creditor Relations and Bankruptcy

International Business

Filters