Exam 6: Criminal Law

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Carla offered $150,000 to the vice president of operations of AltoChem Co. to induce her to divulge a secret process. In some states Carla would be guilty of commercial bribery.

(True/False)
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The primary distinction between larceny and embezzlement is whether the person taking the property has the intent to deprive the victim permanently of the goods.

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

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What happens if the police illegally seize evidence in violation of the Fourth Amendment?

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The degrees of mental fault in criminal law include which of the following?

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Robbery is a larceny accompanied by force or a threat of force.

(True/False)
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Today most crimes are covered by statutory law rather than by the common law, although many of the crimes in statutory form had their origins in the common law.

(True/False)
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Anita tells Bob that unless Bob pays her $5,000, she will tell his customers that he was once arrested for shoplifting as a teenager. The fact that Bob shoplifted as a teenager is true.

(Multiple Choice)
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Alfred points an unloaded gun at Buster and threatens to shoot. Unobserved by Alfred , Cassie, who is Buster's wife, witnesses the threat and believes Alfred 's gun is loaded and that Buster is about to die. Cassie pulls out a gun and shoots and kills Alfred. In this case:

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Bryant knowingly destroyed documents in order to impede an SEC investigation of his company. Under the Sarbanes-Oxley Act:

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A felony is a more serious type of crime than a misdemeanor.

(True/False)
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In general, a crime consists of two elements: (1) the wrongful or overt act and (2) the criminal or mental intent. Discuss the following concepts of criminal law and how and why the general elements of criminal action are altered, extended, or eliminated. In addition, give examples corresponding to each concept of the type of conduct that could be a criminal act. a. Objective fault b. Vicarious liability c. Corporate liability

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The __________ provides that the federal government shall provide the accused with a speedy and public trial by an impartial jury.

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The defendant must testify in a criminal proceeding.

(True/False)
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Identify the constitutional protections given to a criminal defendant by each of the following Amendments to the U.S. Constitution. How does each apply to the procedure involved in arresting and trying a criminal defendant? a. Fourth Amendment b. Fifth Amendment c. Sixth Amendment d. Eighth Amendment

(Essay)
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Carelessness or negligence is a form of subjective fault.

(True/False)
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Donna forces Todd with a gun to his back to help Donna commit a robbery. If Todd is prosecuted, he would have a valid defense of self-defense.

(True/False)
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The Fifth Amendment would protect a defendant from having to give blood samples to the prosecution since it would be a form of self-incrimination as interpreted by the courts.

(True/False)
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Two boys held up a liquor store at gunpoint and ran off with a bag of money. The police saw them run into Jill's apartment building where there are only four apartments off a common hall and no apparent way out of the building but the front door. The police knock on Jill's door. She says she's the only one there. The police can:

(Multiple Choice)
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A summary judgment 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.

(True/False)
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