Question 1

All of the following privileges have been recognized under the Fifth Amendment EXCEPT:

Accepted Answer

A)  psychologist/psychiatrist-patient 
B)  minister-penitent 
C)  accountant-client 
D)  parent-child 
E)  spouse-spouse 
A)  psychologist/psychiatrist-patient 
B)  minister-penitent 
C)  accountant-client 
D)  parent-child 
E)  spouse-spouse

Question 2

In criminal law,what is an "information?"

Accepted Answer

A)  the testimony of someone who has been given immunity as part of a plea bargain 
B)  the evidence presented by the prosecutor at trial 
C)  mitigating circumstances presented by a defendant at a sentencing hearing 
D)  a formal charge of a crime issued by a magistrate 
E)  summary of facts learned in the discovery process 
A)  the testimony of someone who has been given immunity as part of a plea bargain 
B)  the evidence presented by the prosecutor at trial 
C)  mitigating circumstances presented by a defendant at a sentencing hearing 
D)  a formal charge of a crime issued by a magistrate 
E)  summary of facts learned in the discovery process

Question 3

The Racketeer Influenced and Corrupt Organizations Act has been applied to defendants who have no connections to organized crime.

Accepted Answer

A) True 
 B)False

Question 4

An arraignment is necessary before an indictment can be issued.

Accepted Answer

A) True 
 B)False

Question 5

Which of the following steps of a criminal case are listed in the correct order?

Accepted Answer

A)  arraignment,arrest,trial,indictment 
B)  arrest,indictment,arraignment,trial 
C)  indictment,arraignment,arrest,trial 
D)  arrest,arraignment,indictment,trial 
E)  arrest,indictment,trial,arraignment 
A)  arraignment,arrest,trial,indictment 
B)  arrest,indictment,arraignment,trial 
C)  indictment,arraignment,arrest,trial 
D)  arrest,arraignment,indictment,trial 
E)  arrest,indictment,trial,arraignment

Question 6

Search warrants are not required for searches of business premises for businesses in certain heavily regulated industries.

Accepted Answer

A) True 
 B)False

Question 7

In 2000,the U.S.Supreme Court ruled that police roadblocks where people were stopped without individualized suspicion in order to discover and intercept drugs were unconstitutional.In its opinion,the Court acknowledged its earlier 1990 decision in which sobriety checkpoints were constitutional even though drivers were stopped without individualized suspicion.Are the outcomes in these two cases consistent? How do you think they should have been decided?

Accepted Answer

Although they are similar,the sobriety c

Question 8

At common law and in modern usage,arson is defined as the malicious or willful burning of the dwelling of another person.

Accepted Answer

A) True 
 B)False

Question 9

Dean and Mary agree to sell fake stock to investors and disappear into the mountains with the proceeds.They print the stock and send offers to persons through the mail and make offers in person,but are unable to sell any of the fake stock.Dean and Mary are afraid they will get caught and go stay with Mary's friend Kathleen in another state.Kathleen gives Dean and Mary her car to escape,but the car breaks down a few blocks from Kathleen's house.Mary and Dean are picked up by the police as they try to get Kathleen's car running.Which of the following is true?

Accepted Answer

A)  Dean and Mary have committed no crime because no one purchased the fake stock. 
B)  Dean and Mary became guilty of conspiracy when they agreed to sell the fake stock. 
C)  Kathleen did not commit a crime because her unreliable car did not help Dean and Mary escape. 
D)  Dean and Mary have committed conspiracy and at least one other crime. 
A)  Dean and Mary have committed no crime because no one purchased the fake stock. 
B)  Dean and Mary became guilty of conspiracy when they agreed to sell the fake stock. 
C)  Kathleen did not commit a crime because her unreliable car did not help Dean and Mary escape. 
D)  Dean and Mary have committed conspiracy and at least one other crime.

Question 10

Assume that a CPA working as an internal auditor embezzles $50,000 from the bank over the course of a year.The CPA has no previous criminal record.An unemployed auto mechanic in the same town who has tried to find work unsuccessfully for 18 months robs a bank and gets away with $50,000.He used a gun in the robbery to threaten bank employees,but the gun was not loaded and therefore he obviously did not fire it.No one was injured.The mechanic has no previous criminal record.Which of these persons deserves the greater sentence? How much greater should it be? In general,should white-collar criminals receive stronger or more lenient sentences than the more traditional criminal for roughly equivalent crimes? Be sure to clearly state all your reasons for the conclusions you reach.

Accepted Answer

There is a wide perception that white-co

Question 11

Which of the following is true?

Accepted Answer

A)  Some states now group the crimes of robbery,burglary,and larceny as theft. 
B)  Some states now group the crimes of robbery,burglary,and theft as larceny. 
C)  Some states now group the crimes of burglary,theft,and larceny as robbery. 
D)  Some states now group the crimes of robbery,larceny,and theft as burglary. 
A)  Some states now group the crimes of robbery,burglary,and larceny as theft. 
B)  Some states now group the crimes of robbery,burglary,and theft as larceny. 
C)  Some states now group the crimes of burglary,theft,and larceny as robbery. 
D)  Some states now group the crimes of robbery,larceny,and theft as burglary.

Question 12

To prove a pattern of racketeering under RICO,at least ________ predicate act(s)must be committed by a defendant within a 10-year period.

Accepted Answer

A)  one 
B)  two 
C)  three 
D)  five 
A)  one 
B)  two 
C)  three 
D)  five

Question 13

Which of the following is true about crimes?

Accepted Answer

A)  Criminal liability exists only if there is a victim who suffered damages. 
B)  A criminal defendant will be found guilty whenever the jury believes it is more likely than not that the defendant committed the crime. 
C)  Torts always accompany crimes,although the civil case is often not brought. 
D)  Criminal law is based on the conduct or activities of the defendant,rather than on resultant harm. 
A)  Criminal liability exists only if there is a victim who suffered damages. 
B)  A criminal defendant will be found guilty whenever the jury believes it is more likely than not that the defendant committed the crime. 
C)  Torts always accompany crimes,although the civil case is often not brought. 
D)  Criminal law is based on the conduct or activities of the defendant,rather than on resultant harm.

Question 14

Hank,a Web page designer,recently discussed with his friend,Frank,how easy it would be to defraud people over the Internet.They decide to set up a fraudulent online casino.The next day Hank makes prints of the homepages of a dozen online casinos.Before either Hank or Frank does anything further,they are arrested for conspiracy.Are they guilty of conspiracy?

Accepted Answer

There was conspiracy by Hank a

Question 15

Crimes such as illegal parking and jaywalking are normally categorized as:

Accepted Answer

A)  violations 
B)  misdemeanors 
C)  felonies 
D)  none of the above 
A)  violations 
B)  misdemeanors 
C)  felonies 
D)  none of the above

Question 16

The evil intent necessary to commit a crime is known as "actus reus."

Accepted Answer

A) True 
 B)False

Question 17

In a criminal trial,which of the following is true?

Accepted Answer

A)  To be guilty,the defendant must have had a criminal intent at the time of the crime. 
B)  The accused is presumed guilty once an indictment has been issued. 
C)  The government must prove that the accused is guilty beyond all possible doubt. 
D)  At the trial,the grand jury listens to evidence to determine guilt or innocence. 
A)  To be guilty,the defendant must have had a criminal intent at the time of the crime. 
B)  The accused is presumed guilty once an indictment has been issued. 
C)  The government must prove that the accused is guilty beyond all possible doubt. 
D)  At the trial,the grand jury listens to evidence to determine guilt or innocence.

Question 18

The Miranda decision requires that a criminal suspect be notified 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 19

Kim robbed a bank.Kim used a gun and attempted to murder the teller because the teller screamed upon seeing Kim's gun.The teller was injured.Bank robbery is a federal offense,and attempted murder is a state law offense.A trial is held on the state law charge of attempted murder and results in a hung jury.This is the only lawsuit Kim has faced up to this point arising from this incident.What is the complete list of legal actions that could be brought against Kim at this point arising from the bank robbery?

Accepted Answer

A)  state criminal case and federal criminal case 
B)  state criminal case,federal criminal case,and a civil case by the teller for damages 
C)  federal criminal case and a civil case by the teller for damages 
D)  either a state or federal criminal case,but not both,and a civil case by the teller 
A)  state criminal case and federal criminal case 
B)  state criminal case,federal criminal case,and a civil case by the teller for damages 
C)  federal criminal case and a civil case by the teller for damages 
D)  either a state or federal criminal case,but not both,and a civil case by the teller

Question 20

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 guarantee 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. 
A)  The Fifth Amendment guarantee against self-incrimination does not prohibit the taking of fingerprints against a suspect's will. 
B)  The guarantee 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.

Exam 8: Criminal Law and Cyber Crimes

All of the following privileges have been recognized under the Fifth Amendment EXCEPT:

In criminal law,what is an "information?"

The Racketeer Influenced and Corrupt Organizations Act has been applied to defendants who have no connections to organized crime.

An arraignment is necessary before an indictment can be issued.

Which of the following steps of a criminal case are listed in the correct order?

Search warrants are not required for searches of business premises for businesses in certain heavily regulated industries.

At common law and in modern usage,arson is defined as the malicious or willful burning of the dwelling of another person.

Which of the following is true?

To prove a pattern of racketeering under RICO,at least ________ predicate act(s)must be committed by a defendant within a 10-year period.

Which of the following is true about crimes?

Crimes such as illegal parking and jaywalking are normally categorized as:

The evil intent necessary to commit a crime is known as "actus reus."

In a criminal trial,which of the following is true?

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

Which of the following statements is true?

Legal Heritage and the Information Age

Court Systems and Jurisdiction

Judicial, Alternative, and Online Dispute Resolution

Constitutional Law for Business and E-Commerce

Intentional Torts and Negligence

Strict Liability and Product Liability

Intellectual Property and Cyber Piracy

Nature of Traditional and E-Contracts

Agreement

Consideration and Promissory Estoppel

Capacity and Legality

Genuineness of Assent and Undue Influence

Statute of Frauds and Equitable Exceptions

Third-Party Rights and Discharge

Remedies for Breach of Traditional and E-Contracts

Internet Law and E-Commerce

Formation of Sales and Lease Contracts

Title to Goods and Risk of Loss

Remedies for Breach of Sales and Lease Contracts

Sales and Lease Warranties

Creation of Negotiable Instruments

Transferability and Holder In Due Course

Liability,Defenses and Discharge

Checks, the Banking System, and E-Money

Creditor's and Debtor's Rights

Secured Transactions and Electronic Filing

Bankruptcy and Reorganization

Agency Formation and Termination

Liability of Principals, Agents, and Independent Contractors

Employment,Worker Protection,and Immigration Laws

Labor Law and Collective Bargaining

Equal Opportunity in Employment

Small Businesses, Entrepreneurs, and General Partnerships

Limited Partnerships and Limited Liability Limited Partnerships

Corporate Formation and Financing

Corporate Governance and the Sarbanes Oxley Act

Corporate Acquisitions and Multinational Corporations

Limited Liability Companies and Limited Liability Partnerships

Franchises and Special Forms of Business

Investor Protection and Online Securities Transactions

Ethics and Social Responsibility of Business

Administrative Law and Regulatory Agencies

Consumer Protection and Product Safety

Environmental Protection and Global Warming

Antitrust Law and Unfair Trade Practices

Personal Property and Bailment

Real Property

Landlord Tenant Law and Land Use Regulation

Insurance

Accountants' Liability

Wills, Trusts, and Elder Law

Family Law

International and World Trade Law

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