Question 1

Which of the following is true about a hung jury in a criminal case?

Accepted Answer

A)  Because it means that the jury did not find guilt beyond a reasonable doubt,it has the same result as if the jury had issued a verdict of not guilty. 
B)  It will automatically result in a new trial conducted before the same judge. 
C)  It will automatically result in a new trial,although it may be conducted before a different judge. 
D)  It will allow another trial of the defendant to be held,which the state might or might not choose to actually prosecute. 
A)  Because it means that the jury did not find guilt beyond a reasonable doubt,it has the same result as if the jury had issued a verdict of not guilty. 
B)  It will automatically result in a new trial conducted before the same judge. 
C)  It will automatically result in a new trial,although it may be conducted before a different judge. 
D)  It will allow another trial of the defendant to be held,which the state might or might not choose to actually prosecute.

Question 2

A criminal kidnaps a victim from State A and transports the victim to State B.In State B,the criminal kills the victim.Where can the criminal be prosecuted without violating the protection against double jeopardy?

Accepted Answer

A)  The criminal can be prosecuted in State A because that was where the criminal act was initiated. 
B)  The criminal can be prosecuted in State B because that was where the more serious crime was committed. 
C)  The states will agree which one will prosecute the criminal. 
D)  Both states and the federal government may prosecute the criminal for all crimes. 
A)  The criminal can be prosecuted in State A because that was where the criminal act was initiated. 
B)  The criminal can be prosecuted in State B because that was where the more serious crime was committed. 
C)  The states will agree which one will prosecute the criminal. 
D)  Both states and the federal government may prosecute the criminal for all crimes.

Question 3

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

Accepted Answer

A) True 
 B)False

Question 4

Mr.and Mrs.Jones are sleeping in bed at night when they hear a strange noise from the kitchen.Mr.Jones goes into the kitchen and sees that an intruder with a gun has broken through a window.The intruder panics and flees when he sees Mr.Jones.The intruder is captured nearby in the neighborhood.For what crime will the intruder most likely be prosecuted?

Accepted Answer

A)  aggravated burglary 
B)  burglary 
C)  robbery 
D)  larceny 
A)  aggravated burglary 
B)  burglary 
C)  robbery 
D)  larceny

Question 5

An arrest warrant based on probable cause must first be obtained before a police officer can arrest an individual for the commission of a crime.

Accepted Answer

A) True 
 B)False

Question 6

Persons convicted of money laundering can be fined up to $500,000 or twice the value of the property involved in the crime.

Accepted Answer

A) True 
 B)False

Question 7

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. 
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.

Question 8

If there is enough evidence to hold the accused for trial,a magistrate will issue a grand jury indictment.

Accepted Answer

A) True 
 B)False

Question 9

The burden of proof is on the individual to prove that,as an accused,he or she is guilty of the crime charged.

Accepted Answer

A) True 
 B)False

Question 10

A crime that imposes criminal liability without a finding of mens rea is referred to as a nonintent crime.

Accepted Answer

A) True 
 B)False

Question 11

A Rocky Mountain state has extensive safety regulations covering the design,operation,and maintenance of ski lifts.One day a state inspector arrives at the Powdermania Ski Resort to inspect the lifts.The inspector does not have a search warrant and does not expect to find any violations,but finds several criminal violations.Which best describes this situation?

Accepted Answer

A)  This was an illegal search made without a warrant and without probable cause. 
B)  The constitutional protection would not apply in this case because it was an inspector,rather than a police officer who conducted the inspection. 
C)  Assuming that Powdermania Ski Resort is a corporation,it does not receive any Fourth Amendment protections due to its status as a corporation. 
D)  Assuming the inspection was conducted in accordance with state law,a search warrant was not needed because the lift operation aspect of the business is highly regulated. 
A)  This was an illegal search made without a warrant and without probable cause. 
B)  The constitutional protection would not apply in this case because it was an inspector,rather than a police officer who conducted the inspection. 
C)  Assuming that Powdermania Ski Resort is a corporation,it does not receive any Fourth Amendment protections due to its status as a corporation. 
D)  Assuming the inspection was conducted in accordance with state law,a search warrant was not needed because the lift operation aspect of the business is highly regulated.

Question 12

In a criminal trial,the hearing where the defendant is formally notified of the charges and asked to enter a plea is the:

Accepted Answer

A)  indictment 
B)  plea hearing 
C)  arraignment 
D)  information 
E)  booking 
A)  indictment 
B)  plea hearing 
C)  arraignment 
D)  information 
E)  booking

Question 13

A crime is defined as a violation of a statute for which the government imposes a punishment.

Accepted Answer

A) True 
 B)False

Question 14

Under common law,the crime of burglary could occur only at night.

Accepted Answer

A) True 
 B)False

Question 15

The person who initiates a criminal case is known as the plaintiff.

Accepted Answer

A) True 
 B)False

Question 16

The burden of proof in both civil and criminal cases is "beyond a reasonable doubt."

Accepted Answer

A) True 
 B)False

Question 17

A distinguishing characteristic of embezzlement is that the wrongdoer initially had proper custody or access to the property that was embezzled.

Accepted Answer

A) True 
 B)False

Question 18

Someone who takes personal property from someone's home after entering without authorization has committed:

Accepted Answer

A)  extortion 
B)  burglary 
C)  embezzlement 
D)  robbery 
A)  extortion 
B)  burglary 
C)  embezzlement 
D)  robbery

Question 19

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 crowds 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.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 Fifth Amendment requires exclusion of any incriminating 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 Fifth Amendment requires exclusion of any incriminating evidence,the confession cannot be used.

Question 20

The two general elements required in order to prove guilt in a crime are:

Accepted Answer

A)  criminal act and damages 
B)  criminal act and criminal intent 
C)  criminal act and at least one impartial witness 
D)  criminal act and resultant harm 
E)  criminal act and physical injury 
A)  criminal act and damages 
B)  criminal act and criminal intent 
C)  criminal act and at least one impartial witness 
D)  criminal act and resultant harm 
E)  criminal act and physical injury

Exam 8: Criminal Law and Cyber Crimes

Which of the following is true about a hung jury in a criminal case?

A criminal kidnaps a victim from State A and transports the victim to State B.In State B,the criminal kills the victim.Where can the criminal be prosecuted without violating the protection against double jeopardy?

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

An arrest warrant based on probable cause must first be obtained before a police officer can arrest an individual for the commission of a crime.

Persons convicted of money laundering can be fined up to $500,000 or twice the value of the property involved in the crime.

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

If there is enough evidence to hold the accused for trial,a magistrate will issue a grand jury indictment.

The burden of proof is on the individual to prove that,as an accused,he or she is guilty of the crime charged.

A crime that imposes criminal liability without a finding of mens rea is referred to as a nonintent crime.

In a criminal trial,the hearing where the defendant is formally notified of the charges and asked to enter a plea is the:

A crime is defined as a violation of a statute for which the government imposes a punishment.

Under common law,the crime of burglary could occur only at night.

The person who initiates a criminal case is known as the plaintiff.

The burden of proof in both civil and criminal cases is "beyond a reasonable doubt."

A distinguishing characteristic of embezzlement is that the wrongdoer initially had proper custody or access to the property that was embezzled.

Someone who takes personal property from someone's home after entering without authorization has committed:

The two general elements required in order to prove guilt in a crime are:

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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