Question 1

A crime is an act or omission in violation of public law and punishable by the government.

Accepted Answer

A) True 
 B)False

Question 2

What six elements must be present for the crime of larceny to exist?

Accepted Answer

The following are elements that must be

Question 3

In the United States legal system, guilt is never presumed by the court.

Accepted Answer

A) True 
 B)False

Question 4

Corporations may be held liable for a crime.

Accepted Answer

A) True 
 B)False

Question 5

The Fifth Amendment protects a defendant from double jeopardy.

Accepted Answer

A) True 
 B)False

Question 6

The defendant must testify in a criminal proceeding.

Accepted Answer

A) True 
 B)False

Question 7

At common law, __________ was defined as a breaking and entering of a dwelling house at night with the intent to commit a felony.

Accepted Answer

A)  burglary 
B)  bribery 
C)  robbery 
D)  theft 
A)  burglary 
B)  bribery 
C)  robbery 
D)  theft

Question 8

Describe how a criminal case is commenced.What are the various stages in the proceeding? Be sure to use the correct terminology.

Accepted Answer

A criminal prosecution usually begins wi

Question 9

Mala in se crimes are those crimes that are not morally wrong but are declared wrongful by the legislature.

Accepted Answer

A) True 
 B)False

Question 10

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.

Accepted Answer

A)  In most jurisdictions Anita has committed the crime of extortion. 
B)  Anita has committed the crime of defamation. 
C)  Anita has committed the crime of bribery. 
D)  In all jurisdictions in the United States, Anita would have to have received the money from Bob to be charged with a crime. 
A)  In most jurisdictions Anita has committed the crime of extortion. 
B)  Anita has committed the crime of defamation. 
C)  Anita has committed the crime of bribery. 
D)  In all jurisdictions in the United States, Anita would have to have received the money from Bob to be charged with a crime.

Question 11

Assume a state has a criminal statute that punishes "every person who by himself or his employee or agent sells anything at short measure." Chris, an employee of Watkins Fencing, Inc.within that state, intentionally sells wire fence to Nowton Construction at short measure.Watkins:

Accepted Answer

A)  may be held criminally liable for Chris's act even if Watkins did not authorize this action. 
B)  will only be held liable if Chris is a managerial employee. 
C)  cannot be vicariously liable for Chris's action unless Watkins directed, participated in, or approved of the act. 
D)  will not be vicariously liable for Chris's action if it was not authorized because the element of mental fault is missing on the part of Watkins. 
A)  may be held criminally liable for Chris's act even if Watkins did not authorize this action. 
B)  will only be held liable if Chris is a managerial employee. 
C)  cannot be vicariously liable for Chris's action unless Watkins directed, participated in, or approved of the act. 
D)  will not be vicariously liable for Chris's action if it was not authorized because the element of mental fault is missing on the part of Watkins.

Question 12

Rhonda is arrested for a misdemeanor that carries a possible five-month prison sentence.She is entitled to a jury trial.

Accepted Answer

A) True 
 B)False

Question 13

Alfred is self-employed and alters some receipts so he will show more expenses and therefore have a greater total of income tax deductions.Alfred has:

Accepted Answer

A)  committed the crime of extortion. 
B)  engaged in securities fraud. 
C)  engaged in no criminal activity. 
D)  committed the crime of forgery. 
A)  committed the crime of extortion. 
B)  engaged in securities fraud. 
C)  engaged in no criminal activity. 
D)  committed the crime of forgery.

Question 14

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

Accepted Answer

a.The mental intent required for a crime

Question 15

The crime of larceny includes in its definition:

Accepted Answer

A)  the nontrespassory taking and control of personal property. 
B)  the trespassory taking and carrying away of personal property. 
C)  assault. 
D)  the taking and control of personal or real property. 
A)  the nontrespassory taking and control of personal property. 
B)  the trespassory taking and carrying away of personal property. 
C)  assault. 
D)  the taking and control of personal or real property.

Question 16

Which of the following is correct with respect to a grand jury?

Accepted Answer

A)  The grand jury decides the ultimate guilt or innocence of the defendant. 
B)  The grand jury hears testimony of the defendant. 
C)  The grand jury issues an indictment if it finds sufficient evidence to justify a trial on the charges alleged. 
D)  The grand jury serves for one case for its entirety. 
A)  The grand jury decides the ultimate guilt or innocence of the defendant. 
B)  The grand jury hears testimony of the defendant. 
C)  The grand jury issues an indictment if it finds sufficient evidence to justify a trial on the charges alleged. 
D)  The grand jury serves for one case for its entirety.

Question 17

The privilege against self-incrimination extends to which of the following?

Accepted Answer

A)  Providing a handwriting sample. 
B)  Appearing in a line-up for identification purposes. 
C)  Taking a blood test after an accident. 
D)  None of the above are protected by the privilege against self-incrimination. 
A)  Providing a handwriting sample. 
B)  Appearing in a line-up for identification purposes. 
C)  Taking a blood test after an accident. 
D)  None of the above are protected by the privilege against self-incrimination.

Question 18

A criminal defendant may be convicted by a preponderance of the evidence.

Accepted Answer

A) True 
 B)False

Question 19

There are no federal common law crimes.

Accepted Answer

A) True 
 B)False

Question 20

The Sarbanes-Oxley Act passed in 2002 is the first comprehensive federal statute prohibiting computer crime.

Accepted Answer

A) True 
 B)False

Exam 6: Criminal Law

A crime is an act or omission in violation of public law and punishable by the government.

What six elements must be present for the crime of larceny to exist?

In the United States legal system, guilt is never presumed by the court.

Corporations may be held liable for a crime.

The Fifth Amendment protects a defendant from double jeopardy.

The defendant must testify in a criminal proceeding.

At common law, __________ was defined as a breaking and entering of a dwelling house at night with the intent to commit a felony.

Describe how a criminal case is commenced.What are the various stages in the proceeding? Be sure to use the correct terminology.

Mala in se crimes are those crimes that are not morally wrong but are declared wrongful by the legislature.

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.

Assume a state has a criminal statute that punishes "every person who by himself or his employee or agent sells anything at short measure." Chris, an employee of Watkins Fencing, Inc.within that state, intentionally sells wire fence to Nowton Construction at short measure.Watkins:

Rhonda is arrested for a misdemeanor that carries a possible five-month prison sentence.She is entitled to a jury trial.

Alfred is self-employed and alters some receipts so he will show more expenses and therefore have a greater total of income tax deductions.Alfred has:

The crime of larceny includes in its definition:

Which of the following is correct with respect to a grand jury?

The privilege against self-incrimination extends to which of the following?

A criminal defendant may be convicted by a preponderance of the evidence.

There are no federal common law crimes.

The Sarbanes-Oxley Act passed in 2002 is the first comprehensive federal statute prohibiting computer crime.

Introduction to Law

Business Ethicspart Ii: the Legal Environment of Business

Civil Dispute Resolution

Constitutional Law

Administrative Law

Negligence and Strict Liabilitypart Iii: Contracts

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 Remediespart Iv: Sales

Introduction to Sales and Leases

Performance

Transfer of Title and Risk of Loss

Product Liability: Warranties and Strict Liability

Sales Remediespart V: Negotiable Instruments

Form and Content

Transfer and Holder in Due Course

Liability of Parties

Bank Deposits, Collections, and Funds Transferspart Vi: Agency

Relationship of Principal and Agent

Relationship With Third Partiespart Vii: Business Associations

Formation and Internal Relations of General Partnerships

Operation and Dissolution of General Partnerships

Limited Partnerships and Limited Liability Companies

Nature and Formation of Corporations

Financial Structure of Corporations

Management Structure of Corporations

Fundamental Changes of Corporationspart Viii: Debtor and Creditor Relations

Secured Transactions and Suretyship

Bankruptcypart Ix: Regulation of Business

Securities Regulation

Intellectual Property

Employment Law

Antitrust

Accountants Legal Liability

Consumer Protection

International Business Lawpart X: Property

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

Interests in Real Property

Transfer and Control of Real Property

Trusts and Wills

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