Question 1

Which of the following is correct with respect to RICO?

Accepted Answer

A) It subjects to penalties enterprises that engage in a pattern of racketeering, defined as the commission of two or more specified state or federal criminal offenses within a period of ten years. 
B) It was enacted with the stated purpose of terminating the infiltration of organized crime into legitimate businesses. 
C) It provides for both civil and criminal penalties for violators. 
D) All of these are correct. 
A) It subjects to penalties enterprises that engage in a pattern of racketeering, defined as the commission of two or more specified state or federal criminal offenses within a period of ten years. 
B) It was enacted with the stated purpose of terminating the infiltration of organized crime into legitimate businesses. 
C) It provides for both civil and criminal penalties for violators. 
D) All of these are correct.

Question 2

In a criminal case, the defendant must be tried by jury if he so desires.

Accepted Answer

A) True 
 B)False

Question 3

Employers may be subject to criminal penalties for the unauthorized act of a manager who is acting within the scope of employment.

Accepted Answer

A) True 
 B)False

Question 4

Paul is working as an undercover drug agent.He enrolls in classes at State University where he meets several students in business administration and invites them to come to his house for a party.No mention is made of any drugs, but he does say he will have a keg of beer.Shortly after his guests arrive, he gets out some marijuana and encourages the group to have some.All of them refuse, except Sam, who has never tried it before.When Sam lights up, Paul arrests him for possession of a controlled substance.Sam:

Accepted Answer

A) is clearly guilty as charged. 
B) can raise the defense of entrapment, claiming Paul has enticed him to commit a crime that he would not have committed otherwise. 
C) has a valid defense of duress. 
D) can raise the Fourth Amendment to exclude the marijuana as evidence that has been illegally seized. 
A) is clearly guilty as charged. 
B) can raise the defense of entrapment, claiming Paul has enticed him to commit a crime that he would not have committed otherwise. 
C) has a valid defense of duress. 
D) can raise the Fourth Amendment to exclude the marijuana as evidence that has been illegally seized.

Question 5

Stan offered Cheyenne, the chairperson of the Midtown Zoning Commission, a ten percent interest in his proposed subdivision development if she would use her influence to have his proposal approved by the commission.She refused to be a part of Stan's plan, so Stan cannot be found guilty of bribery.

Accepted Answer

A) True 
 B)False

Question 6

Describe how a criminal case is commenced and how it proceeds through the court system.What are the various stages in the proceeding? Be sure to use the correct terminology.

Accepted Answer

A criminal prosecution usually begins wi

Question 7

Crimes consist of two basic elements.

Accepted Answer

A) True 
 B)False

Question 8

The Federal Organizational Corporate Sentencing Guidelines require corporations to formulate and implement compliance programs reasonably designed to prevent crimes by the corporations and their employees; adopting and implementing an adequate compliance program can lead to lesser penalties when crimes do occur.

Accepted Answer

A) True 
 B)False

Question 9

Which one of the following is NOT true of a criminal suit?

Accepted Answer

A) A criminal suit is brought by the government, not by an individual. 
B) In a criminal suit, guilt is never presumed. 
C) One purpose of a criminal suit is compensation for the victim. 
D) A criminal suit requires a higher burden of proof than a civil suit. 
A) A criminal suit is brought by the government, not by an individual. 
B) In a criminal suit, guilt is never presumed. 
C) One purpose of a criminal suit is compensation for the victim. 
D) A criminal suit requires a higher burden of proof than a civil suit.

Question 10

A preliminary hearing is held in a criminal case to determine whether there is probable cause to believe the defendant is the one who committed the crime.

Accepted Answer

A) True 
 B)False

Question 11

The Sarbanes-Oxley Act:

Accepted Answer

A) establishes new criminal offenses as well as substantially increasing penalties for existing crimes. 
B) imposes fines and/or imprisonment of up to 20 years for knowingly altering, destroying, or falsifying any document with the intent of impeding a federal investigation. 
C) adds new financial disclosure requirements for corporations. 
D) The Sarbanes-Oxley Act does all of these. 
A) establishes new criminal offenses as well as substantially increasing penalties for existing crimes. 
B) imposes fines and/or imprisonment of up to 20 years for knowingly altering, destroying, or falsifying any document with the intent of impeding a federal investigation. 
C) adds new financial disclosure requirements for corporations. 
D) The Sarbanes-Oxley Act does all of these.

Question 12

The Sixth Amendment protects persons against self-incrimination, double jeopardy, and being charged with a capital offense except by grand jury indictment.

Accepted Answer

A) True 
 B)False

Question 13

Some states still recognize common law crimes.

Accepted Answer

A) True 
 B)False

Question 14

The Federal Organizational Corporate Sentencing Guidelines may require restitution to victims of certain corporate crimes.

Accepted Answer

A) True 
 B)False

Question 15

If Sheree, a county commissioner, threatened Brent that unless she received a 15 percent interest in his proposed development she would use her influence to prevent approval of the development, she has committed criminal extortion.

Accepted Answer

A) True 
 B)False

Question 16

Another name for an indictment is a(n):

Accepted Answer

A) true bill. 
B) arraignment. 
C) information. 
D) preliminary hearing. 
A) true bill. 
B) arraignment. 
C) information. 
D) preliminary hearing.

Question 17

Cybercrime:

Accepted Answer

A) may be categorized based on whether the computer was the instrument or the target of the crime. 
B) has not been regulated by state laws. 
C) has been controlled by comprehensive federal legislation. 
D) is easy to detect. 
A) may be categorized based on whether the computer was the instrument or the target of the crime. 
B) has not been regulated by state laws. 
C) has been controlled by comprehensive federal legislation. 
D) is easy to detect.

Question 18

The criminal intent necessary to commit a crime is known as:

Accepted Answer

A) actus reus. 
B) mens rea. 
C) vicarious liability. 
D) malice aforethought. 
A) actus reus. 
B) mens rea. 
C) vicarious liability. 
D) malice aforethought.

Question 19

Which of the following is NOT found in the Eighth Amendment to the U.S.Constitution?

Accepted Answer

A) Protection from excessive bail 
B) A prohibition against double jeopardy 
C) A prohibition against cruel and unusual punishment 
D) All of these are found in the Eighth Amendment. 
A) Protection from excessive bail 
B) A prohibition against double jeopardy 
C) A prohibition against cruel and unusual punishment 
D) All of these are found in the Eighth Amendment.

Question 20

Individuals may use reasonable force to protect themselves, their property, and other individuals.In this context, reasonable force would mean:

Accepted Answer

A) deadly force is reasonable to protect property. 
B) deadly force is never reasonable to protect property, but is reasonable if an attack threatens the victim with serious bodily harm. 
C) deadly force is never reasonable, even if an attack threatens the victim with serious bodily harm. 
D) deadly force is reasonable to protect property or if an attack threatens the victim with serious bodily harm. 
A) deadly force is reasonable to protect property. 
B) deadly force is never reasonable to protect property, but is reasonable if an attack threatens the victim with serious bodily harm. 
C) deadly force is never reasonable, even if an attack threatens the victim with serious bodily harm. 
D) deadly force is reasonable to protect property or if an attack threatens the victim with serious bodily harm.

Exam 6: Criminal Law

Which of the following is correct with respect to RICO?

In a criminal case, the defendant must be tried by jury if he so desires.

Employers may be subject to criminal penalties for the unauthorized act of a manager who is acting within the scope of employment.

Stan offered Cheyenne, the chairperson of the Midtown Zoning Commission, a ten percent interest in his proposed subdivision development if she would use her influence to have his proposal approved by the commission.She refused to be a part of Stan's plan, so Stan cannot be found guilty of bribery.

Describe how a criminal case is commenced and how it proceeds through the court system.What are the various stages in the proceeding? Be sure to use the correct terminology.

Crimes consist of two basic elements.

Which one of the following is NOT true of a criminal suit?

A preliminary hearing is held in a criminal case to determine whether there is probable cause to believe the defendant is the one who committed the crime.

The Sarbanes-Oxley Act:

The Sixth Amendment protects persons against self-incrimination, double jeopardy, and being charged with a capital offense except by grand jury indictment.

Some states still recognize common law crimes.

The Federal Organizational Corporate Sentencing Guidelines may require restitution to victims of certain corporate crimes.

If Sheree, a county commissioner, threatened Brent that unless she received a 15 percent interest in his proposed development she would use her influence to prevent approval of the development, she has committed criminal extortion.

Another name for an indictment is a(n):

Cybercrime:

The criminal intent necessary to commit a crime is known as:

Which of the following is NOT found in the Eighth Amendment to the U.S.Constitution?

Individuals may use reasonable force to protect themselves, their property, and other individuals.In this context, reasonable force would mean:

Introduction to Law

Business Ethics and the Social Responsibility of Business

Civil Dispute Resolution

Constitutional Law

Administrative Law

Intentional Torts

Negligence and Strict Liability

Introduction to Contracts

Mutual Assent

Conduct Invalidating Assent

Consideration

Illegal Bargains

Contractual Capacity

Contracts in Writing

Third Parties to Contracts

Performance, Breach, and Discharge

Contract Remedies

Relationship of Principal and Agent

Relationship With Third Parties

Introduction to Sales and Leases

Performance

Transfer of Title and Risk of Loss

Products Liability: Warranties and Strict Liability in Tort

Sales Remedies

Form and Content

Transfer and Holder in Due Course

Liability of Parties

Bank Deposits, Collections, and Funds Transfers

Formation and Internal Relations of General Partnerships

Operation and Dissolution of General Partnerships

Limited Partnerships and Limited Liability Companies

Nature, Formation, and Powers

Financial Structure

Management Structure

Fundamental Changes

Secured Transactions and Suretyship

Bankruptcy

Protection of Intellectual Property

Antitrust

Consumer Protection

Employment Law

Securities Regulation

Accountants Legal Liability

Environmental Law

International Business Law

Introduction to Property, Property Insurance, Bailments, and Documents of Title

Interests in Real Property

Transfer and Control of Real Property

Trusts and Decedents Estates

51: The Legal Environment Of Business

52: Contracts.

53: Agency.

54: Sales

55: Negotiable Instruments

56: Unincorporated Business Association

57: Corporations

58: Debtor and Creditor Relation

59: Regulation of Business

60: Property.

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