Exam 14: Criminal law

The term actus reus is often used to describe a guilty

_________ liability is the imposition of liability on one party for the wrongs of another.

Greg has too much to drink at a local bar. He yells out that Lynette,who was in the bar and had just turned him down for a date,is loose with her affections and has even been guilty of stealing money from the wallets of her dates. Those allegations are untrue. In fact,Lynette is a Sunday school teacher who does not drink and was only in the bar accepting donations for a local charity. Lynette promptly slaps him,and he pushes her away. Unfortunately for Greg,a police officer is present in the bar and arrests Greg. Based on the altercation,Greg pays a hefty fine and spends 24 hours in jail for violation of the jurisdiction's criminal battery statute. The next week,Greg receives a civil complaint filed by Lynette for defamation and a civil cause of action for battery. Greg says that he already paid for the offense and that he should not be prosecuted twice. What should Greg do?

In relation to the obligation to provide business records and papers for a criminal prosecution,discuss fully the Fifth Amendment protection for such business records and papers in regard to corporations and also in regard to any custodian of such records.

An arrest is considered a seizure under the Fourth Amendment.

Which of the following is not an exception to the warrant requirement for a lawful search?

Which of the following was the result in United States v.Stein,the case in the text involving whether the constitutional rights of the defending accountants were violated when the government pressured their former employer into ending its policy of paying attorney fees?

The Computer Fraud and Abuse Act makes the accidental transmission of computer viruses illegal.

Officer Sam obtained a search warrant to search Susie's apartment based upon a tip from Alice,an informant,to the effect that Susie was selling drugs. Alice had actually lied to Sam because she was angry with Susie for going out with Alice's boyfriend. Sam was suspicious of all the tenants in Susie's building and got a search warrant authorizing a search of the building for anything illegal. In Susie's apartment he found a small amount of marijuana that Susie used personally. Alice started feeling guilty and confessed that she had lied about the whole matter. Susie is being prosecuted. Does she have any defense based upon the warrant? Why or why not?

A ________ is any crime that is punishable by death or imprisonment for more than one year.

A person commits perjury when he or she takes an oath to tell the truth and states a material matter the witness believed to be true or untrue.

Sherdon really wants to buy a new $40,000 boat,but lacks the funds with which to do so. He spends some amount of time thinking about robbing the local bank. He casually mentions to his wife,Pearl,that he has such thoughts. A few weeks later Pearl leaves Sherdon for the local mail carrier. Pearl and Sherdon get in a dispute regarding splitting up their property. In a fit of anger,Pearl calls law enforcement and informs on Sherdon for thinking about the bank robbery. The police arrest Sherdon. Which of the following is the most likely result assuming Pearl is believed by a judge and jury?

________ prohibits the testimony of the witness from being used against him in any way.

The ______ makes it a crime for any U.S.firm or any firm controlled by a U.S.firm to make payments to an official of a foreign government in an attempt to influence the actions of the official.

Which of the following is true of the death penalty in China?

A sales representative cannot legally accept a kickback from a purchaser of his or her employer's products.

Which of the following statements is not true regarding the warrant requirement of the Fourth Amendment?

Fact Pattern 14-1 Beatrice, a bank teller, was angry with her employer, Big Bank, because she did not get a raise. Each day she begins to keep for her own use small amounts out of funds deposited by customers at her station. Eventually, she is caught when customers begin to complain about discrepancies, and bank officials conduct surveillance of her actions. Big Bank is very unpopular in the community because of a number of foreclosures. The trial against Beatrice results in a hung jury when the twelve jurors are hopelessly deadlocked, probably because of their dislike of Big Bank. Beatrice is thrilled and believes that she can forget about the whole mess although her cell mate tells her that she may not be out of the woods yet. -Refer to fact pattern 14-1. Can Beatrice be tried again for the same crime?

The erroneous admission at trial of a coerced confession will not always automatically require that the conviction be overturned.

In the case of a felony,a preliminary hearing requires the prosecutor to present probable cause that the defendant committed the crime.