Question 1

Which of the following is $\underline{\text{not}}$ a requirement of mens rea?

Accepted Answer

A) a specific act 
B) the state of mind required for the crime 
C) the intent to deprive 
D) All of the above are required for mens rea. 
A) a specific act 
B) the state of mind required for the crime 
C) the intent to deprive 
D) All of the above are required for mens rea. A

Question 2

The exceptions for obtaining warrants include evidence in "plain view."

Accepted Answer

A) True 
 B)False  True

Question 3

James Woodall put his garbage can out on the sidewalk in front of his house for pick-up by the city sanitation department.Woodall put the garbage can out at 6:00 PM.The police had been conducting an undercover drug investigation in Woodall's neighborhood.At 9:00 PM that night,the officers working the neighborhood searched Woodall's garbage and found drug paraphernalia.The officers then conducted a stake-out from the house across the street from James's home.The officers witness James accept a delivery of meth and arrest him.Which of the following is true? ​

Accepted Answer

A) ​Both the search of the garbageand the stake-out violate James's Fourth Amendment rights. 
B) ​The search of the garbage, but not the stake-out violate the Fourth Amendment. 
C) The search of the garbage and the stake-out do not violate the Fourth Amendment. 
D) The Fourth Amendment does not apply during the course of an investigation as opposed to an interrogation. 
A) ​Both the search of the garbageand the stake-out violate James's Fourth Amendment rights. 
B) ​The search of the garbage, but not the stake-out violate the Fourth Amendment. 
C) The search of the garbage and the stake-out do not violate the Fourth Amendment. 
D) The Fourth Amendment does not apply during the course of an investigation as opposed to an interrogation. C

Question 4

Embezzlement is:

Accepted Answer

A) theft by an employee. 
B) a crime that does not require proof of intent. 
C) a crime that can occur when property is borrowed. 
D) none of the above 
A) theft by an employee. 
B) a crime that does not require proof of intent. 
C) a crime that can occur when property is borrowed. 
D) none of the above

Question 5

The mens rea required for theft is:

Accepted Answer

A) intent to take the property permanently. 
B) intent to borrow the property. 
C) general intent to commit a crime. 
D) none - strict liability crime. 
E) none of the above 
A) intent to take the property permanently. 
B) intent to borrow the property. 
C) general intent to commit a crime. 
D) none - strict liability crime. 
E) none of the above

Question 6

The Fifth Amendment:

Accepted Answer

A) affords protection against self-incrimination. 
B) can be used by a corporation. 
C) can be used by officers to prevent disclosure of corporate records. 
D) none of the above 
A) affords protection against self-incrimination. 
B) can be used by a corporation. 
C) can be used by officers to prevent disclosure of corporate records. 
D) none of the above

Question 7

Which of the following is not an element of the crime of embezzlement?

Accepted Answer

A) intent to take property 
B) taking property permanently 
C) no authorization to take the property 
D) All of the above are elements of embezzlement. 
A) intent to take property 
B) taking property permanently 
C) no authorization to take the property 
D) All of the above are elements of embezzlement.

Question 8

In order to establish criminal liability of the directors of a corporation:

Accepted Answer

A) a prosecutor need only establish that the corporation committed a crime. 
B) a prosecutor must establish that the directors had criminal intent. 
C) the corporation is liable for criminal acts but the directors are not liable. 
D) none of the above 
A) a prosecutor need only establish that the corporation committed a crime. 
B) a prosecutor must establish that the directors had criminal intent. 
C) the corporation is liable for criminal acts but the directors are not liable. 
D) none of the above

Question 9

The Sixth Amendment is the right-to-speedy trial amendment.

Accepted Answer

A) True 
 B)False

Question 10

Officer Muldoon is on foot patrol in Tempe,Arizona when he looks inside a garage (the garage door is open)and sees a statute that he knows is a rare art work that was stolen the night before from a building downtown.Officer Muldoon:

Accepted Answer

A) cannot use the sighting as a basis for a warrant. 
B) cannot enter the premises to recover the statute. 
C) is not permitted to look inside the garage from the street even when the door is open. 
D) none of the above 
A) cannot use the sighting as a basis for a warrant. 
B) cannot enter the premises to recover the statute. 
C) is not permitted to look inside the garage from the street even when the door is open. 
D) none of the above

Question 11

The Miranda warnings:

Accepted Answer

A) must be given or the case is dismissed. 
B) are based on Fifth Amendment rights. 
C) are based on Fourth Amendment rights. 
D) none of the above 
A) must be given or the case is dismissed. 
B) are based on Fifth Amendment rights. 
C) are based on Fourth Amendment rights. 
D) none of the above

Question 12

Stewart Parnell,the former CEO of the now-bankrupt Peanut Corporation of America,was charged with falsifying food safety reports required by the FDA.The reports certified that his peanut base product was salmonella free.In some cases,the tests were not yet complete when the certification was done and in other cases the tests indicated the presence of salmonella.​
-The crime Mr.Parnell is charged with is shipping contaminated food.What would the federal government have to show in its case to establish the crime?

Accepted Answer

A) That Mr.Parnell did the actual shipping of the product. 
B) That Mr.Parnell saw the actual product before it was shipped. 
C) That Mr.Parnell knew that the product was contaminated before shipment occurred. 
D) all of the above 
A) That Mr.Parnell did the actual shipping of the product. 
B) That Mr.Parnell saw the actual product before it was shipped. 
C) That Mr.Parnell knew that the product was contaminated before shipment occurred. 
D) all of the above

Question 13

The Fourth Amendment:

Accepted Answer

A) is the privacy protection amendment. 
B) provides the right for a jury trial. 
C) provides the protection against self-incrimination. 
D) none of the above 
A) is the privacy protection amendment. 
B) provides the right for a jury trial. 
C) provides the protection against self-incrimination. 
D) none of the above

Question 14

Discuss the procedural changes made as a result of Arizona v.Gant.

Accepted Answer

The Supreme Court held that when the pol

Question 15

Which of the following crimes has been curbed back by appellate court decisions on corporate financial misstatements and officer liability?

Accepted Answer

A) honest services fraud 
B) SOX financial certification provisions 
C) obstruction of justice 
D) criminal fraud 
A) honest services fraud 
B) SOX financial certification provisions 
C) obstruction of justice 
D) criminal fraud

Question 16

Exceptions to the warrant requirement include:

Accepted Answer

A) RICO violations. 
B) plain view doctrine. 
C) no available magistrate. 
D) records under the FCPA. 
A) RICO violations. 
B) plain view doctrine. 
C) no available magistrate. 
D) records under the FCPA.

Question 17

Bernie Ebbers,the former CEO of WorldCom,on trial for securities fraud and other crimes,offered as his defense that he did not know what his officers were doing.

Accepted Answer

A) Ebbers' defense is a valid one because there is no intent. 
B) Ebbers' defense is a valid one because there is no actus reus. 
C) Ebbers can be held liable for the actions of employees. 
D) both a and b 
A) Ebbers' defense is a valid one because there is no intent. 
B) Ebbers' defense is a valid one because there is no actus reus. 
C) Ebbers can be held liable for the actions of employees. 
D) both a and b

Question 18

Pedro Moreno and Rolando Cue-Baiza brought their boat from Nassau to Miami.They re-entered the Miami port without going through customs.They docked the boat and began unloading it.Miami customs officials had observed the boat re-enter (by helicopter).When Moreno and Cue-Baiza began unloading the boat,customs officials sent in a team of officers to search the boat (no warrant).The officers discovered numerous bales of marijuana during the search and Moreno and Cue-Baiza were charged with drug possession and trafficking.They are now challenging the validity of the warrantless search.Discuss its validity.

Accepted Answer

The search met the emergency exception.F

Question 19

Plea bargaining is done only before the arraignment.

Accepted Answer

A) True 
 B)False

Question 20

The Fourth Amendment protections:

Accepted Answer

A) apply to individuals. 
B) do not apply to corporations. 
C) do not apply to corporate officers. 
D) all of the above 
A) apply to individuals. 
B) do not apply to corporations. 
C) do not apply to corporate officers. 
D) all of the above

Which of the following is $\underline{\text{not}}$ a requirement of mens rea?

The exceptions for obtaining warrants include evidence in "plain view."

Embezzlement is:

The mens rea required for theft is:

The Fifth Amendment:

Which of the following is not an element of the crime of embezzlement?

In order to establish criminal liability of the directors of a corporation:

The Sixth Amendment is the right-to-speedy trial amendment.

Officer Muldoon is on foot patrol in Tempe,Arizona when he looks inside a garage (the garage door is open)and sees a statute that he knows is a rare art work that was stolen the night before from a building downtown.Officer Muldoon:

The Miranda warnings:

The Fourth Amendment:

Discuss the procedural changes made as a result of Arizona v.Gant.

Which of the following crimes has been curbed back by appellate court decisions on corporate financial misstatements and officer liability?

Exceptions to the warrant requirement include:

Bernie Ebbers,the former CEO of WorldCom,on trial for securities fraud and other crimes,offered as his defense that he did not know what his officers were doing.

Plea bargaining is done only before the arraignment.

The Fourth Amendment protections:

Introduction to Law

Business Ethics and Social Responsibility

The Judicial System

Managing Disputes: Alternative Dispute Resolution and Litigation Strategies

Business and the Constitution

Administrative Law

International Law

Business Torts

Environmental Regulation and Sustainability

Contracts and Sales: Introduction and Formation

Contracts and Sales: Performance,Remedies,and Collection

Product Advertising and Liability

Business Competition: Antitrust

Business and Intellectual Property Law

Management of Employee Conduct: Agency

Governance and Structure: Forms of Doing Business

Governance and Regulation: Securities Law

Management of Employee Welfare

Management: Employment Discrimination

Filters

Exam 8: Business Crime

Which of the following is not‾\underline{\text{not}}not​ a requirement of mens rea?

The exceptions for obtaining warrants include evidence in "plain view."

Embezzlement is:

The mens rea required for theft is:

The Fifth Amendment:

Which of the following is not an element of the crime of embezzlement?

In order to establish criminal liability of the directors of a corporation:

The Sixth Amendment is the right-to-speedy trial amendment.

Officer Muldoon is on foot patrol in Tempe,Arizona when he looks inside a garage (the garage door is open)and sees a statute that he knows is a rare art work that was stolen the night before from a building downtown.Officer Muldoon:

The Miranda warnings:

The Fourth Amendment:

Discuss the procedural changes made as a result of Arizona v.Gant.

Which of the following crimes has been curbed back by appellate court decisions on corporate financial misstatements and officer liability?

Exceptions to the warrant requirement include:

Bernie Ebbers,the former CEO of WorldCom,on trial for securities fraud and other crimes,offered as his defense that he did not know what his officers were doing.

Plea bargaining is done only before the arraignment.

The Fourth Amendment protections:

Introduction to Law

Business Ethics and Social Responsibility

The Judicial System

Managing Disputes: Alternative Dispute Resolution and Litigation Strategies

Business and the Constitution

Administrative Law

International Law

Business Torts

Environmental Regulation and Sustainability

Contracts and Sales: Introduction and Formation

Contracts and Sales: Performance,Remedies,and Collection

Product Advertising and Liability

Business Competition: Antitrust

Business and Intellectual Property Law

Management of Employee Conduct: Agency

Governance and Structure: Forms of Doing Business

Governance and Regulation: Securities Law

Management of Employee Welfare

Management: Employment Discrimination

Filters

Which of the following is $\underline{\text{not}}$ a requirement of mens rea?