Question 1

The term mens rea means "the defendant is guilty."

Accepted Answer

A) True 
 B)False

Question 2

If you accidentally drive the wrong way on a highway and kill someone in an accident, since it was an accident, there can be no criminal prosecution.

Accepted Answer

A) True 
 B)False

Question 3

When a person in a position of trust steals money it is the crime of bribery.

Accepted Answer

A) True 
 B)False

Question 4

The theft of valuable business information, such as a trade secret is:

Accepted Answer

A)  embezzlement 
B)  racketeering 
C)  internet fraud 
D)  insider trading 
E)  none of the other choices 
A)  embezzlement 
B)  racketeering 
C)  internet fraud 
D)  insider trading 
E)  none of the other choices

Question 5

Each state has a criminal code and the federal government also has a criminal code.

Accepted Answer

A) True 
 B)False

Question 6

Local governments may impose penalties for violations of local ordinances.

Accepted Answer

A) True 
 B)False

Question 7

If evidence of a possible crime is presented to a prosecuting attorney, they must bring criminal proceedings against the accused.

Accepted Answer

A) True 
 B)False

Question 8

Financial fraud occurs when:

Accepted Answer

A)  someone uses a false social security number to get a credit card 
B)  someone is refused a loan because of their race 
C)  someone is refused a loan because of a previous criminal conviction 
D)  someone commits fraud in loans, financial documents or mortgages 
E)  none of the other choices are correct 
A)  someone uses a false social security number to get a credit card 
B)  someone is refused a loan because of their race 
C)  someone is refused a loan because of a previous criminal conviction 
D)  someone commits fraud in loans, financial documents or mortgages 
E)  none of the other choices are correct

Question 9

Nolo contendere means:

Accepted Answer

A)  no trial 
B)  guilty 
C)  innocent 
D)  contested 
E)  none of the other choices are correct 
A)  no trial 
B)  guilty 
C)  innocent 
D)  contested 
E)  none of the other choices are correct

Question 10

Criminal liability for corporate acts is more common in France than in the U.S.

Accepted Answer

A) True 
 B)False

Question 11

A positive or negative act that is an offense against a state or federal government is a(n):

Accepted Answer

A)  crime 
B)  stare decisis 
C)  offensive gesture 
D)  offensive action 
E)  illegal action 
A)  crime 
B)  stare decisis 
C)  offensive gesture 
D)  offensive action 
E)  illegal action

Question 12

Exculpatory evidence is evidence which:

Accepted Answer

A)  might show that the defendant is guilty 
B)  might show that the defendant is not guilty 
C)  will not show that the defendant is not guilty 
D)  makes the prosecution look bad 
E)  makes the prosecution look good 
A)  might show that the defendant is guilty 
B)  might show that the defendant is not guilty 
C)  will not show that the defendant is not guilty 
D)  makes the prosecution look bad 
E)  makes the prosecution look good

Question 13

InU.S. v. Allmendinger, involving an insurance scam run by Allmendinger and others, Allmendinger received a much longer prison sentence than a co-conspiriator, which he appealed. The appeals court held that the sentence:

Accepted Answer

A)  violated the Sentencing Guidelines and would be recalculated 
B)  was not justified because Allmendinger cooperated in the investigation of the crime 
C)  was justified because the loss suffered by victims exceeded $100 million 
D)  violated equal protection of the 14th amendment as the defendants were equally guilty so the sentences should be similar for all 
E)  none of the other choices are correct 
A)  violated the Sentencing Guidelines and would be recalculated 
B)  was not justified because Allmendinger cooperated in the investigation of the crime 
C)  was justified because the loss suffered by victims exceeded $100 million 
D)  violated equal protection of the 14th amendment as the defendants were equally guilty so the sentences should be similar for all 
E)  none of the other choices are correct

Question 14

It is estimated that the insanity defense in criminal cases works in about 100,000 criminal charges per year.

Accepted Answer

A) True 
 B)False

Question 15

Victimless crimes can be:

Accepted Answer

A)  felonies or misdemeanors 
B)  only felonies 
C)  only misdemeanors 
D)  tried in special courts 
E)  none of the other specific choices are correct 
A)  felonies or misdemeanors 
B)  only felonies 
C)  only misdemeanors 
D)  tried in special courts 
E)  none of the other specific choices are correct

Question 16

In a criminal case, if evidence is not gathered properly, such as by a search that violates Fourth Amendment rights, then at trial that evidence is:

Accepted Answer

A)  allowed to be referred to but not presented directly 
B)  allowed only if probable cause is first established 
C)  allowed if found to be "critical to justice" 
D)  irrelevant since there can be no trial if there was an improper search 
E)  none of the other choices 
A)  allowed to be referred to but not presented directly 
B)  allowed only if probable cause is first established 
C)  allowed if found to be "critical to justice" 
D)  irrelevant since there can be no trial if there was an improper search 
E)  none of the other choices

Question 17

In U.S. v. Allmendinger, involving an insurance scam run by Allmendinger and others, Allmendinger received a much longer prison sentence than a co-conspiriator, which he appealed. The appeals court held that a long prison sentence was still justified.

Accepted Answer

A) True 
 B)False

Question 18

If a person is accused of a crime, things they tell the arresting officers may be used as evidence against the accused

Accepted Answer

A) True 
 B)False

Question 19

If one earns income illegally, such as by selling drugs, one must report the income, not hide it.

Accepted Answer

A) True 
 B)False

Question 20

In cases where a person is charged with a felony, if there is to be a trial:

Accepted Answer

A)  there must be a grand jury indictment 
B)  there must be a grand jury indictment only if it is a federal case 
C)  there must be a grand jury indictment only if it is a state case 
D)  there must be a grand jury indictment if the crime carries the possibility of more than ten years in prison 
E)  none of the other choices 
A)  there must be a grand jury indictment 
B)  there must be a grand jury indictment only if it is a federal case 
C)  there must be a grand jury indictment only if it is a state case 
D)  there must be a grand jury indictment if the crime carries the possibility of more than ten years in prison 
E)  none of the other choices

Exam 5: Criminal Law and Business

The term mens rea means "the defendant is guilty."

If you accidentally drive the wrong way on a highway and kill someone in an accident, since it was an accident, there can be no criminal prosecution.

When a person in a position of trust steals money it is the crime of bribery.

The theft of valuable business information, such as a trade secret is:

Each state has a criminal code and the federal government also has a criminal code.

Local governments may impose penalties for violations of local ordinances.

If evidence of a possible crime is presented to a prosecuting attorney, they must bring criminal proceedings against the accused.

Financial fraud occurs when:

Nolo contendere means:

Criminal liability for corporate acts is more common in France than in the U.S.

A positive or negative act that is an offense against a state or federal government is a(n):

Exculpatory evidence is evidence which:

InU.S. v. Allmendinger, involving an insurance scam run by Allmendinger and others, Allmendinger received a much longer prison sentence than a co-conspiriator, which he appealed. The appeals court held that the sentence:

It is estimated that the insanity defense in criminal cases works in about 100,000 criminal charges per year.

Victimless crimes can be:

In a criminal case, if evidence is not gathered properly, such as by a search that violates Fourth Amendment rights, then at trial that evidence is:

In U.S. v. Allmendinger, involving an insurance scam run by Allmendinger and others, Allmendinger received a much longer prison sentence than a co-conspiriator, which he appealed. The appeals court held that a long prison sentence was still justified.

If a person is accused of a crime, things they tell the arresting officers may be used as evidence against the accused

If one earns income illegally, such as by selling drugs, one must report the income, not hide it.

In cases where a person is charged with a felony, if there is to be a trial:

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