Question 1

The defense of entrapment arises when:

Accepted Answer

A)  a law enforcement official induces a person to commit a crime whether that person, under ordinary circumstances, would have done so or not. 
B)  any person induces any other person to commit a crime when the person induced would not ordinarily have done so. 
C)  a police officer or other government official or agent acts to induce an individual to commit a crime when that individual would not ordinarily have done so. 
D)  law enforcement officials act aggressively to prevent a crime. 
A)  a law enforcement official induces a person to commit a crime whether that person, under ordinary circumstances, would have done so or not. 
B)  any person induces any other person to commit a crime when the person induced would not ordinarily have done so. 
C)  a police officer or other government official or agent acts to induce an individual to commit a crime when that individual would not ordinarily have done so. 
D)  law enforcement officials act aggressively to prevent a crime.

Question 2

The American Law Institute's Model Penal Code provides that a corporation cannot be convicted of a criminal offense for the conduct of its employees or board of directors.

Accepted Answer

A) True 
 B)False

Question 3

Civil law is a part of public law, whereas criminal law is a part of private law.

Accepted Answer

A) True 
 B)False

Question 4

Felonies are less serious crimes usually punishable by a fine.

Accepted Answer

A) True 
 B)False

Question 5

The term mala prohibita refers to the element of a crime  that constitutes an unlawful act only by virtue of statute, as opposed to conduct that is evil in and of itself.

Accepted Answer

A) True 
 B)False

Question 6

A "bench trial" is one in which a jury renders the verdict.

Accepted Answer

A) True 
 B)False

Question 7

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

Accepted Answer

A)  Bryant may be personally subject to fines. 
B)  Bryant is subject to imprisonment of up to 20 years. 
C)  Bryant's company may be subject to criminal penalties. 
D)  All of these 
A)  Bryant may be personally subject to fines. 
B)  Bryant is subject to imprisonment of up to 20 years. 
C)  Bryant's company may be subject to criminal penalties. 
D)  All of these

Question 8

In the People v.Farell case, the court looked first to the words of the statute itself to determine legislative intent and determined that the theft statute applied to trade secrets as well as money.

Accepted Answer

A) True 
 B)False

Question 9

Under what circumstances has it been held that a search warrant is not necessary?

Accepted Answer

A warrant is not necessary where: (a) th

Question 10

The Fourth Amendment to the Constitution:

Accepted Answer

A)  requires a speedy trial. 
B)  prevents double jeopardy. 
C)  prohibits unreasonable search and seizure. 
D)  allows free speech. 
A)  requires a speedy trial. 
B)  prevents double jeopardy. 
C)  prohibits unreasonable search and seizure. 
D)  allows free speech.

Question 11

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

Accepted Answer

A)  The evidence will be excluded from use at trial. 
B)  The defendant's arrest is nullified. 
C)  The defendant is entitled to another trial. 
D)  The defendant will be paid for the expenses of his defense. 
A)  The evidence will be excluded from use at trial. 
B)  The defendant's arrest is nullified. 
C)  The defendant is entitled to another trial. 
D)  The defendant will be paid for the expenses of his defense.

Question 12

Under the common law as well as most statutes, __________ is larceny with the additional elements that (1) the property is taken from the victim or in the immediate presence of the victim, and (2) it is accomplished through either force or threat of force.

Accepted Answer

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

Question 13

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)  A purpose of a criminal suit is repayment to 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)  A purpose of a criminal suit is repayment to the victim. 
D)  A criminal suit requires a higher burden of proof than a civil suit.

Question 14

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.

Accepted Answer

A) True 
 B)False

Question 15

The Sarbanes-Oxley Act has all but which of the following provisions?

Accepted Answer

A)  Creating a five-person Accounting Oversight Board with authority to review and discipline auditors. 
B)  Creating severe civil and criminal penalties for enterprises that engage in the commission of two or more predicate acts within a period of ten years. 
C)  Increasing the penalties for existing federal crimes and creating new criminal offenses. 
D)  Adding new financial disclosure requirements. 
A)  Creating a five-person Accounting Oversight Board with authority to review and discipline auditors. 
B)  Creating severe civil and criminal penalties for enterprises that engage in the commission of two or more predicate acts within a period of ten years. 
C)  Increasing the penalties for existing federal crimes and creating new criminal offenses. 
D)  Adding new financial disclosure requirements.

Question 16

Under many modern statutes, what three elements must be met for a charge of burglary?

Accepted Answer

Many modern statutes identify the follow

Question 17

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.

Accepted Answer

A) True 
 B)False

Question 18

Because of the increasing use of criminal sanctions to enforce government regulation of business, criminal law is an essential part of business law.

Accepted Answer

A) True 
 B)False

Question 19

If Aaron mistakenly hits Betty with his van and kills her, when he intended to hit and kill Cerise, his intent to kill Cerise is transferred to Betty , regardless of whether he even knew Betty , for the purpose of fulfilling the mental element of the crime.

Accepted Answer

A) True 
 B)False

Question 20

A criminal trial is similar to a civil trial, but there are some significant differences.These differences are:

Accepted Answer

A)  the defendant is always the government in a criminal trial. 
B)  burden of proof on the prosecution is to prove criminal guilt beyond a reasonable doubt in a criminal trial. 
C)  the defendant is required to testify. 
D)  All of these. 
A)  the defendant is always the government in a criminal trial. 
B)  burden of proof on the prosecution is to prove criminal guilt beyond a reasonable doubt in a criminal trial. 
C)  the defendant is required to testify. 
D)  All of these.

Exam 6: Criminal Law

The defense of entrapment arises when:

The American Law Institute's Model Penal Code provides that a corporation cannot be convicted of a criminal offense for the conduct of its employees or board of directors.

Civil law is a part of public law, whereas criminal law is a part of private law.

Felonies are less serious crimes usually punishable by a fine.

The term mala prohibita refers to the element of a crime that constitutes an unlawful act only by virtue of statute, as opposed to conduct that is evil in and of itself.

A "bench trial" is one in which a jury renders the verdict.

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

In the People v.Farell case, the court looked first to the words of the statute itself to determine legislative intent and determined that the theft statute applied to trade secrets as well as money.

Under what circumstances has it been held that a search warrant is not necessary?

The Fourth Amendment to the Constitution:

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

Under the common law as well as most statutes, __________ is larceny with the additional elements that (1) the property is taken from the victim or in the immediate presence of the victim, and (2) it is accomplished through either force or threat of force.

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

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.

The Sarbanes-Oxley Act has all but which of the following provisions?

Under many modern statutes, what three elements must be met for a charge of burglary?

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.

Because of the increasing use of criminal sanctions to enforce government regulation of business, criminal law is an essential part of business law.

If Aaron mistakenly hits Betty with his van and kills her, when he intended to hit and kill Cerise, his intent to kill Cerise is transferred to Betty , regardless of whether he even knew Betty , for the purpose of fulfilling the mental element of the crime.

A criminal trial is similar to a civil trial, but there are some significant differences.These differences are:

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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