Question 1

A plea of "nolo contendere" means that the defendant admits guilt but no penalty can be imposed.

Accepted Answer

A) True 
 B)False

Question 2

In a criminal proceeding,what is the difference between an indictment and an information?

Accepted Answer

A)  The defendant is charged with a crime in an indictment,but not in an information. 
B)  Guilt or innocence is determined in an indictment,but not in an information. 
C)  A grand jury issues an indictment,but does not issue an information. 
D)  An indictment requires proof beyond a reasonable doubt,but an information does not. 
A)  The defendant is charged with a crime in an indictment,but not in an information. 
B)  Guilt or innocence is determined in an indictment,but not in an information. 
C)  A grand jury issues an indictment,but does not issue an information. 
D)  An indictment requires proof beyond a reasonable doubt,but an information does not.

Question 3

Mary was at a party given by friends of her boyfriend.It was summer and the guests spent most of the time outdoors.Mary fell in love with a crystal serving dish being used,and when no one was looking,slipped it into her purse.She took the dish home and placed in her kitchen cabinet.Under the definitions under common law,what crimes has Mary committed?

Accepted Answer

A)  burglary and larceny 
B)  robbery and burglary 
C)  larceny and receiving stolen property 
D)  larceny 
E)  larceny and robbery 
A)  burglary and larceny 
B)  robbery and burglary 
C)  larceny and receiving stolen property 
D)  larceny 
E)  larceny and robbery

Question 4

To find someone guilty of receiving stolen property,it is sufficient to prove that the defendant:

Accepted Answer

A)  was in possession of stolen property 
B)  intended to keep the property himself 
C)  paid for the property and intends to keep it himself 
D)  knowingly received the stolen property and intended to deprive the true owner of the property 
E)  took part in the wrongful taking of the property and intended to deprive the true owner of the property 
A)  was in possession of stolen property 
B)  intended to keep the property himself 
C)  paid for the property and intends to keep it himself 
D)  knowingly received the stolen property and intended to deprive the true owner of the property 
E)  took part in the wrongful taking of the property and intended to deprive the true owner of the property

Question 5

A lawsuit for any torts connected with a crime may be brought by the victim,but the lawsuit is separate from the criminal case.

Accepted Answer

A) True 
 B)False

Question 6

Mens rea is the same as evil intent.

Accepted Answer

A) True 
 B)False

Question 7

The wrongful and fraudulent taking of another's trade secrets or computer programs is not considered larceny.

Accepted Answer

A) True 
 B)False

Question 8

Which of the following is true about the crime of bribery?

Accepted Answer

A)  Only the person who receives the bribe can be convicted. 
B)  Only the person who gives a bribe and is successful at having it accepted can be convicted. 
C)  Only the person who offers the bribe can be convicted,but that person is guilty whether or not the bribe is accepted. 
D)  A party who actually accepts a bribe can be convicted,as well as the person offering the bribe,whether or not it is accepted. 
E)  A party who even considers accepting a bribe can be convicted,as well as the person offering the bribe,whether or not it is accepted. 
A)  Only the person who receives the bribe can be convicted. 
B)  Only the person who gives a bribe and is successful at having it accepted can be convicted. 
C)  Only the person who offers the bribe can be convicted,but that person is guilty whether or not the bribe is accepted. 
D)  A party who actually accepts a bribe can be convicted,as well as the person offering the bribe,whether or not it is accepted. 
E)  A party who even considers accepting a bribe can be convicted,as well as the person offering the bribe,whether or not it is accepted.

Question 9

The distinction between grand theft and petit theft depends on the value of the property taken.

Accepted Answer

A) True 
 B)False

Question 10

What does the Fourth Amendment do?

Accepted Answer

A)  It protects the rights of the people from unreasonable search and seizure by the government. 
B)  It requires the police to obtain a search warrant in all search and seizure cases. 
C)  It prohibits warrantless searches in connection with an arrest. 
D)  It guarantees the defendant the right to an attorney. 
A)  It protects the rights of the people from unreasonable search and seizure by the government. 
B)  It requires the police to obtain a search warrant in all search and seizure cases. 
C)  It prohibits warrantless searches in connection with an arrest. 
D)  It guarantees the defendant the right to an attorney.

Question 11

Identity fraud typically occurs when:

Accepted Answer

A)  someone uses a fictitious name in place of her real name 
B)  someone steals a ticket with a name associated with it,such as an airline ticket,and uses it in place of the original owner 
C)  someone uses the name and other identifying information of another person to engage in fraudulent activity 
D)  someone operates under two or more different names,at least one of which is fictitious 
A)  someone uses a fictitious name in place of her real name 
B)  someone steals a ticket with a name associated with it,such as an airline ticket,and uses it in place of the original owner 
C)  someone uses the name and other identifying information of another person to engage in fraudulent activity 
D)  someone operates under two or more different names,at least one of which is fictitious

Question 12

Under The Racketeer Influenced and Corrupt Organizations Act,which of the following is true?

Accepted Answer

A)  Racketeering activity is narrowly defined to include only offenses commonly engaged in by organized crime such as money laundering. 
B)  To constitute a pattern under the statute,the conduct must be engaged in at least once a year for 5 consecutive years. 
C)  Only corporations and individuals are subject to its provisions. 
D)  As few as two acts in a 10-year period can amount to a pattern under the statute. 
E)  Only organized crime organizations and their members can be convicted under the statute. 
A)  Racketeering activity is narrowly defined to include only offenses commonly engaged in by organized crime such as money laundering. 
B)  To constitute a pattern under the statute,the conduct must be engaged in at least once a year for 5 consecutive years. 
C)  Only corporations and individuals are subject to its provisions. 
D)  As few as two acts in a 10-year period can amount to a pattern under the statute. 
E)  Only organized crime organizations and their members can be convicted under the statute.

Question 13

John is a sales associate for Neptune Cyber Solutions,a manufacturer of medium-sized computer operating systems.John is overseas in the nation of Megalopia hoping to secure a contract with a large manufacturing firm.Because the firm has technology contracts with Megalopia's military,any contract with the manufacturer must be approved by the Defense Department of Megalopia.John makes a cash payment of $10,000 to the Megalopian representative who is negotiating the contract.Of this amount,$3,000 is to cover the standard published fee that the government charges for these approvals,$2,000 is for an additional $2,000 to be paid to the government officials to expedite the approval,and $5,000 is a "thank you" to the manufacturer's representative for choosing the Neptune system.The $2,000 for expediting the approval is consistent with what is customary in Megalopia to pay for an expedited approval.Has John violated the Foreign Corrupt Practices Act?

Accepted Answer

The $3,000 is likely not a violation,as

Question 14

Frank is walking down a busy city street when he suddenly discovers that his wallet is missing.A suspect is quickly apprehended,and Frank's wallet is discovered upon his person.What charge will most likely be brought against the suspect?

Accepted Answer

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

Question 15

Which is true about corporate criminal liability?

Accepted Answer

A)  Corporations have always been just as subject to criminal liability as individuals. 
B)  Because corporations cannot be sent to prison,they generally cannot be held criminally liable for the actions of their officers. 
C)  If the criminal conduct can be traced to a specific person or persons,those persons will be liable and not the corporation. 
D)  There can be liability for both the individuals who commit crimes and the corporation on whose behalf the crimes were committed. 
A)  Corporations have always been just as subject to criminal liability as individuals. 
B)  Because corporations cannot be sent to prison,they generally cannot be held criminally liable for the actions of their officers. 
C)  If the criminal conduct can be traced to a specific person or persons,those persons will be liable and not the corporation. 
D)  There can be liability for both the individuals who commit crimes and the corporation on whose behalf the crimes were committed.

Question 16

If a robber threatens to physically harm a storekeeper unless he or she surrenders the money he or she has in the cash register,it is robbery.

Accepted Answer

A) True 
 B)False

Question 17

Imprisonment is generally imposed to serve all of the following functions EXCEPT:

Accepted Answer

A)  protecting society from the person imprisoned 
B)  providing a means to rehabilitate the criminal 
C)  allowing victims to have a formalized process to meet and confront the criminal 
D)  deterring others from engaging in criminal conduct 
A)  protecting society from the person imprisoned 
B)  providing a means to rehabilitate the criminal 
C)  allowing victims to have a formalized process to meet and confront the criminal 
D)  deterring others from engaging in criminal conduct

Question 18

Because of the prohibition against double jeopardy:

Accepted Answer

A)  criminal defendants are never tried twice on the same charge 
B)  all criminal defendants are entitled to an attorney 
C)  the prosecution cannot appeal when a verdict of "not guilty" is rendered 
D)  persons are allowed one phone call when arrested 
E)  a jury's verdict in a criminal case is final and cannot be appealed 
A)  criminal defendants are never tried twice on the same charge 
B)  all criminal defendants are entitled to an attorney 
C)  the prosecution cannot appeal when a verdict of "not guilty" is rendered 
D)  persons are allowed one phone call when arrested 
E)  a jury's verdict in a criminal case is final and cannot be appealed

Question 19

Which of the following is true about money laundering?

Accepted Answer

A)  The primary difficulty with money laundering activities is that money laundering is not itself illegal. 
B)  Although illegal,the penalties for money laundering are too small to be an effective deterrent. 
C)  Money laundering is a federal crime and can carry fines up to $500,000 or more,depending on the amount of money laundered. 
D)  One difficulty with prosecuting for money laundering is that lenient laws in some states allow those states to function as money laundering havens. 
A)  The primary difficulty with money laundering activities is that money laundering is not itself illegal. 
B)  Although illegal,the penalties for money laundering are too small to be an effective deterrent. 
C)  Money laundering is a federal crime and can carry fines up to $500,000 or more,depending on the amount of money laundered. 
D)  One difficulty with prosecuting for money laundering is that lenient laws in some states allow those states to function as money laundering havens.

Question 20

Probable cause is most directly associated with which step of the criminal process?

Accepted Answer

A)  arrest 
B)  indictment 
C)  plea bargaining 
D)  arraignment 
E)  jury deliberations 
A)  arrest 
B)  indictment 
C)  plea bargaining 
D)  arraignment 
E)  jury deliberations

Exam 8: Criminal Law and Cyber Crimes

A plea of "nolo contendere" means that the defendant admits guilt but no penalty can be imposed.

In a criminal proceeding,what is the difference between an indictment and an information?

To find someone guilty of receiving stolen property,it is sufficient to prove that the defendant:

A lawsuit for any torts connected with a crime may be brought by the victim,but the lawsuit is separate from the criminal case.

Mens rea is the same as evil intent.

The wrongful and fraudulent taking of another's trade secrets or computer programs is not considered larceny.

Which of the following is true about the crime of bribery?

The distinction between grand theft and petit theft depends on the value of the property taken.

What does the Fourth Amendment do?

Identity fraud typically occurs when:

Under The Racketeer Influenced and Corrupt Organizations Act,which of the following is true?

Frank is walking down a busy city street when he suddenly discovers that his wallet is missing.A suspect is quickly apprehended,and Frank's wallet is discovered upon his person.What charge will most likely be brought against the suspect?

Which is true about corporate criminal liability?

If a robber threatens to physically harm a storekeeper unless he or she surrenders the money he or she has in the cash register,it is robbery.

Imprisonment is generally imposed to serve all of the following functions EXCEPT:

Because of the prohibition against double jeopardy:

Which of the following is true about money laundering?

Probable cause is most directly associated with which step of the criminal process?

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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