Question 1

Which of the following is NOT an example of white-collar crime?

Accepted Answer

A) Insider trading. 
B) Gross negligence. 
C) Environmental vandalism. 
D) Misappropriation of funds. 
A) Insider trading. 
B) Gross negligence. 
C) Environmental vandalism. 
D) Misappropriation of funds.

Question 2

The standard of proof in a criminal trial is:

Accepted Answer

A) higher in cases of gross negligence. 
B) that the case must be proved on the balance of probabilities. 
C) that the case must be proved beyond reasonable doubt. 
D) that the accused is presumed innocent until proven guilty. 
A) higher in cases of gross negligence. 
B) that the case must be proved on the balance of probabilities. 
C) that the case must be proved beyond reasonable doubt. 
D) that the accused is presumed innocent until proven guilty.

Question 3

A person charged with a crime is presumed innocent until proved to be guilty.

Accepted Answer

A) True 
 B)False

Question 4

A warrant is an official court document that is issued by a justice of the peace or judge directing a police officer to arrest a person.

Accepted Answer

A) True 
 B)False

Question 5

In a criminal proceeding,the onus will be:

Accepted Answer

A) on the police to prove the guilt of the accused. 
B) on the accused to prove their innocence. 
C) on the accused but may shift to the Crown in offences of strict liability. 
D) on the Crown but may shift to the accused in offences of strict liability. 
A) on the police to prove the guilt of the accused. 
B) on the accused to prove their innocence. 
C) on the accused but may shift to the Crown in offences of strict liability. 
D) on the Crown but may shift to the accused in offences of strict liability.

Question 6

A misdemeanour refers to a less serious crime and is generally a summary offence.

Accepted Answer

A) True 
 B)False

Question 7

Which of the following is NOT an element of insider trading?

Accepted Answer

A) The use of price sensitive information which is not publicly available. 
B) The use of price sensitive information. 
C) The theft of confidential information. 
D) The use of information gained as a result of a connection with a company. 
A) The use of price sensitive information which is not publicly available. 
B) The use of price sensitive information. 
C) The theft of confidential information. 
D) The use of information gained as a result of a connection with a company.

Question 8

What is the difference between embezzlement and theft/robbery?

Accepted Answer

Embezzlement is the fraudulent conversio

Question 9

Which of the following is the correct definition of an indictable offence?

Accepted Answer

A) A statutory offence designed to protect the community. 
B) A less serious offence such as common assault. 
C) The most serious offences such as robbery or murder. 
D) A threat to the peace and good order of the community. 
A) A statutory offence designed to protect the community. 
B) A less serious offence such as common assault. 
C) The most serious offences such as robbery or murder. 
D) A threat to the peace and good order of the community.

Question 10

Failure to prevent insolvent trading (s 588G)can result in both civil and criminal penalties.

Accepted Answer

A) True 
 B)False

Question 11

Select the statement which correctly defines what a secret commission is.

Accepted Answer

A) Giving another person something of value in return for some advantage or preferential treatment. 
B) Falsification of records to hide the misappropriation,by a person,of property entrusted to them. 
C) The use,by a person,of price-sensitive information which is not publicly available. 
D) Taking a commission from a third party,by a person,without disclosing it to their principal. 
A) Giving another person something of value in return for some advantage or preferential treatment. 
B) Falsification of records to hide the misappropriation,by a person,of property entrusted to them. 
C) The use,by a person,of price-sensitive information which is not publicly available. 
D) Taking a commission from a third party,by a person,without disclosing it to their principal.

Question 12

Which of the following is NOT a common remedy in a civil case?

Accepted Answer

A) Damages. 
B) An injunction. 
C) Specific performance. 
D) A fine. 
A) Damages. 
B) An injunction. 
C) Specific performance. 
D) A fine.

Question 13

What is the main source of the criminal law in Australia?

Accepted Answer

A) The Criminal Code Act 1995 (Cth). 
B) The common law. 
C) A combination of state and territory legislation plus some common law. 
D) A combination of common law and civil law. 
A) The Criminal Code Act 1995 (Cth). 
B) The common law. 
C) A combination of state and territory legislation plus some common law. 
D) A combination of common law and civil law.

Question 14

The Spam Act 2003 (Cth)prohibits which of the following activities?

Accepted Answer

A) Sending commercial voice messages without the recipient's consent. 
B) Sending commercial messages without the recipient's consent. 
C) Sending electronic commercial messages without the recipient's consent. 
D) All of the above. 
A) Sending commercial voice messages without the recipient's consent. 
B) Sending commercial messages without the recipient's consent. 
C) Sending electronic commercial messages without the recipient's consent. 
D) All of the above.

Question 15

A breach of the restrictive trade practices provisions of the Competition and Consumer Act 2010 (Cth)will result in:

Accepted Answer

A) a fine of $10 million. 
B) a fine of 5 per cent of the turnover of the preceding 12 months. 
C) a fine of five times the illegal benefit obtained. 
D) a fine of $100 000 for individuals. 
A) a fine of $10 million. 
B) a fine of 5 per cent of the turnover of the preceding 12 months. 
C) a fine of five times the illegal benefit obtained. 
D) a fine of $100 000 for individuals.

Question 16

Which of the following is NOT an advantage for an accused having a criminal matter dealt with summarily?

Accepted Answer

A) The matter will be dealt with more quickly. 
B) The penalty imposed may be lower. 
C) An acquittal by the magistrate cannot be appealed by the Crown. 
D) It is cheaper to have the matter dealt with in a lower court. 
A) The matter will be dealt with more quickly. 
B) The penalty imposed may be lower. 
C) An acquittal by the magistrate cannot be appealed by the Crown. 
D) It is cheaper to have the matter dealt with in a lower court.

Question 17

Which of the following statements is correct?

Accepted Answer

A) Mens rea is a necessary requirement to establish crimes of strict liability. 
B) Mens rea is no longer a requirement of Australian criminal law. 
C) Mens rea is a necessary requirement in all Australian criminal cases. 
D) Mens rea is not a requirement in crimes of strict liability. 
A) Mens rea is a necessary requirement to establish crimes of strict liability. 
B) Mens rea is no longer a requirement of Australian criminal law. 
C) Mens rea is a necessary requirement in all Australian criminal cases. 
D) Mens rea is not a requirement in crimes of strict liability.

Question 18

What is the difference between an indictable offence and a summary offence?

Accepted Answer

Indictable offences are generally heard

Question 19

The Cybercrime Act 2001 (Cth)forbids:

Accepted Answer

A) unauthorised modification of data. 
B) unauthorised access,modification or impairment with intent to commit a serious offence. 
C) unauthorised impairment of electronic communication. 
D) all of the above. 
A) unauthorised modification of data. 
B) unauthorised access,modification or impairment with intent to commit a serious offence. 
C) unauthorised impairment of electronic communication. 
D) all of the above.

Question 20

A person who has stolen confidential information or secret formulas has committed the crime of industrial sabotage.

Accepted Answer

A) True 
 B)False

Exam 28: Criminal Law in a Business Context

Which of the following is NOT an example of white-collar crime?

The standard of proof in a criminal trial is:

A person charged with a crime is presumed innocent until proved to be guilty.

A warrant is an official court document that is issued by a justice of the peace or judge directing a police officer to arrest a person.

In a criminal proceeding,the onus will be:

A misdemeanour refers to a less serious crime and is generally a summary offence.

Which of the following is NOT an element of insider trading?

What is the difference between embezzlement and theft/robbery?

Which of the following is the correct definition of an indictable offence?

Failure to prevent insolvent trading (s 588G)can result in both civil and criminal penalties.

Select the statement which correctly defines what a secret commission is.

Which of the following is NOT a common remedy in a civil case?

What is the main source of the criminal law in Australia?

The Spam Act 2003 (Cth)prohibits which of the following activities?

A breach of the restrictive trade practices provisions of the Competition and Consumer Act 2010 (Cth)will result in:

Which of the following is NOT an advantage for an accused having a criminal matter dealt with summarily?

Which of the following statements is correct?

What is the difference between an indictable offence and a summary offence?

The Cybercrime Act 2001 (Cth)forbids:

A person who has stolen confidential information or secret formulas has committed the crime of industrial sabotage.

Legal Foundations

Legal Systems

How Law Is Made: Precedentstatute Law

Civil Liability: the Law of Torts and Negligence

Applications of Negligence to Business

Introduction to Contracts

Agreement Between the Parties

Intention to Create Legal Relations

Consideration

Capacity of the Parties

Genuine Consent

Is the Contract Legal

Terms of the Contract

Rights and Liabilities of the Parties,discharge and Remedies

Remedies in Contract

Statutory Consumer Guarantees and the Australian Consumer Law

General and Specific Consumer Protections Under the Acl

Introduction to Companies and Incorporated Associations

Agency

Partnerships

Choosing a Business Entity

Other Business-Related Torts

Insurance

Sale of Goodsbusiness to Business

Property and Mortgages

Intellectual Property

Ethics and Business Practice

Competition Law

Insolvency and Debt Recovery

The Work Environment and the Employment Relationship

Filters