Exam 6: Criminal Law

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

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The key 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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The __________ Amendment prohibits excessive bail and prohibits cruel and unusual punishment.

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How much force may an individual use to protect her property?

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

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White-collar crime is defined as a nonviolent crime usually involving deceit, corruption, or breach of trust.

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Paul grabs Don and threatens to stab him with his knife if Don doesn't help Paul commit a robbery. If Don helps Paul and is prosecuted, Don would have a valid defense called self-defense.

(True/False)
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All jurisdictions have enacted laws making it a crime to write a check when there is not enough money in the account to cover the check.

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

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

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The state may appeal a verdict of "not guilty" if there is an error in the trial.

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The term mens rea refers to the mental intent element of a crime.

(True/False)
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The Federal Organizational Corporate Sentencing Guidelines provide for each criminal offense a base fine that can be reduced, but not increased, under certain circumstances.

(True/False)
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Paul, a police officer, is working as an undercover drug agent. He enrolls in classes at the local 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 offers it to the group. All of them refuse except for Sam, who has never tried it before. When Paul encourages Sam to try it and Sam lights up the joint, Paul arrests Sam for possession of a controlled substance. In this case, Sam:

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

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

(Multiple Choice)
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Another name for an indictment is a(n):

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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:

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Vicarious liability is liability imposed upon one person for the acts of another.

(True/False)
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Which of the following is correct with respect to a grand jury?

(Multiple Choice)
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