Question 1

The right to an attorney exists in any cases where incarceration is a possible punishment.

Accepted Answer

A) True 
 B)False

Question 2

The protection against compulsory self-incrimination applies to corporations,including professional corporations and partnerships.

Accepted Answer

A) True 
 B)False

Question 3

The jury's perspective on facts is used in preference to the professional,or perhaps biased,response of a judge.

Accepted Answer

A) True 
 B)False

Question 4

A statement or representation is ______ if it is known to be untrue or is made with reckless indifference as to its truth or falsity.

Accepted Answer

A)  fraudulent 
B)  a material fact 
C)  a felony 
D)  a misdemeanor 
E)  in good faith 
A)  fraudulent 
B)  a material fact 
C)  a felony 
D)  a misdemeanor 
E)  in good faith

Question 5

A grand jury transcript may be used at a trial to

Accepted Answer

A)  make additional charges. 
B)  impeach a witness. 
C)  substitute for testimonies of witnesses unavailable at trial. 
D)  give a judge background and insight as to how the indictment was arrived at. 
E)  pronounce the guilt of the accused. 
A)  make additional charges. 
B)  impeach a witness. 
C)  substitute for testimonies of witnesses unavailable at trial. 
D)  give a judge background and insight as to how the indictment was arrived at. 
E)  pronounce the guilt of the accused.

Question 6

A(n)______ is an agreement or a "kind of partnership" for criminal purposes in which each member becomes the agent or partner of every other member.

Accepted Answer

A)  embezzlement 
B)  kickback 
C)  referral 
D)  conspiracy 
E)  false statement 
A)  embezzlement 
B)  kickback 
C)  referral 
D)  conspiracy 
E)  false statement

Question 7

Recent trends suggest an increase in prosecution of white-collar criminals and legislative efforts to protect the public from fraud.

Accepted Answer

A) True 
 B)False

Question 8

Which of the following is a type of fraud that occurs when the victim pays money to someone in anticipation of receiving something of greater value,then receives little or nothing in return?

Accepted Answer

A)  impersonation fraud 
B)  telemarketing fraud 
C)  advance fee scheme 
D)  identity fraud 
E)  Ponzi scheme 
A)  impersonation fraud 
B)  telemarketing fraud 
C)  advance fee scheme 
D)  identity fraud 
E)  Ponzi scheme

Question 9

Which of the following statements is true of a white-collar crime?

Accepted Answer

A)  It is usually committed for personal financial gain. 
B)  It predominantly involves heavy use of violence and physical force. 
C)  It excludes criminals of high socioeconomic status. 
D)  It is based on personal revenge rather than material or property gains. 
E)  It predominantly applies to offenses that occur outside a business or a professional setting. 
A)  It is usually committed for personal financial gain. 
B)  It predominantly involves heavy use of violence and physical force. 
C)  It excludes criminals of high socioeconomic status. 
D)  It is based on personal revenge rather than material or property gains. 
E)  It predominantly applies to offenses that occur outside a business or a professional setting.

Question 10

The Securities and Exchange Commission (SEC)can use confidential reports obtained in the course of its routine operations to establish a violation of federal law.

Accepted Answer

A) True 
 B)False

Question 11

Grand jurors may subpoena business records.

Accepted Answer

A) True 
 B)False

Question 12

Which of the following refers to nolo contendere?

Accepted Answer

A)  guilty 
B)  double jeopardy 
C)  not guilty 
D)  larceny 
E)  no contest 
A)  guilty 
B)  double jeopardy 
C)  not guilty 
D)  larceny 
E)  no contest

Question 13

The plea nolo contendere allows sentencing just as if the defendant pleaded guilty or was found guilty.

Accepted Answer

A) True 
 B)False

Question 14

Which of the following statements is true of the Fifth Amendment?

Accepted Answer

A)  It excludes those individuals who are under compulsory self-incrimination. 
B)  It protects the accused from being compelled to produce real or physical evidence. 
C)  It allows the use of written evidence in self-incrimination cases. 
D)  It is extremely effective against a sole proprietorship business. 
E)  It is beyond its scope to protect an accused from being forced to testify against himself or herself. 
A)  It excludes those individuals who are under compulsory self-incrimination. 
B)  It protects the accused from being compelled to produce real or physical evidence. 
C)  It allows the use of written evidence in self-incrimination cases. 
D)  It is extremely effective against a sole proprietorship business. 
E)  It is beyond its scope to protect an accused from being forced to testify against himself or herself.

Question 15

Which of the following is an example of larceny?

Accepted Answer

A)  A person is caught shoplifting. 
B)  A person makes a false statement to the United States Department of Agriculture. 
C)  A person breaks into a shop to steal but is unable to do so. 
D)  An individual presents a false claim in a bankruptcy proceeding. 
E)  Two people partner to rob a neighborhood store. 
A)  A person is caught shoplifting. 
B)  A person makes a false statement to the United States Department of Agriculture. 
C)  A person breaks into a shop to steal but is unable to do so. 
D)  An individual presents a false claim in a bankruptcy proceeding. 
E)  Two people partner to rob a neighborhood store.

Question 16

A formal agreement among members is necessary in a crime involving conspiracy.

Accepted Answer

A) True 
 B)False

Question 17

Double jeopardy means

Accepted Answer

A)  committing the same crime twice. 
B)  the prohibition of trials of the same crime in state and federal courts. 
C)  losing the trial and the appeal in the same case. 
D)  being arrested twice for gambling. 
E)  being tried for the same crime twice. 
A)  committing the same crime twice. 
B)  the prohibition of trials of the same crime in state and federal courts. 
C)  losing the trial and the appeal in the same case. 
D)  being arrested twice for gambling. 
E)  being tried for the same crime twice.

Question 18

Exigent circumstances justify a warrantless search when the exigency is created or manufactured by the police.

Accepted Answer

A) True 
 B)False

Question 19

The Sixth Amendment gives the right to a speedy and public trial in a criminal matter.

Accepted Answer

A) True 
 B)False

Question 20

______ is a complete defense to fraud as it is inconsistent with the defendant's intent to defraud or willfulness,purposes essential to the charges.

Accepted Answer

A)  Negligence 
B)  Good faith 
C)  Credibility 
D)  Reasonableness 
E)  Probable cause 
A)  Negligence 
B)  Good faith 
C)  Credibility 
D)  Reasonableness 
E)  Probable cause

Exam 13: Criminal Law and Business

The right to an attorney exists in any cases where incarceration is a possible punishment.

The protection against compulsory self-incrimination applies to corporations,including professional corporations and partnerships.

The jury's perspective on facts is used in preference to the professional,or perhaps biased,response of a judge.

A statement or representation is ______ if it is known to be untrue or is made with reckless indifference as to its truth or falsity.

A grand jury transcript may be used at a trial to

A(n)______ is an agreement or a "kind of partnership" for criminal purposes in which each member becomes the agent or partner of every other member.

Recent trends suggest an increase in prosecution of white-collar criminals and legislative efforts to protect the public from fraud.

Which of the following is a type of fraud that occurs when the victim pays money to someone in anticipation of receiving something of greater value,then receives little or nothing in return?

Which of the following statements is true of a white-collar crime?

The Securities and Exchange Commission (SEC)can use confidential reports obtained in the course of its routine operations to establish a violation of federal law.

Grand jurors may subpoena business records.

Which of the following refers to nolo contendere?

The plea nolo contendere allows sentencing just as if the defendant pleaded guilty or was found guilty.

Which of the following statements is true of the Fifth Amendment?

Which of the following is an example of larceny?

A formal agreement among members is necessary in a crime involving conspiracy.

Double jeopardy means

Exigent circumstances justify a warrantless search when the exigency is created or manufactured by the police.

The Sixth Amendment gives the right to a speedy and public trial in a criminal matter.

______ is a complete defense to fraud as it is inconsistent with the defendant's intent to defraud or willfulness,purposes essential to the charges.

Law As a Foundation for Business

The Role of Ethics in Decision Making

The Court System

Litigation

Alternative Dispute Resolution

The Constitution

The Property System

Contract Formation

Contractual Performance and Breach

Torts Affecting Business

Intellectual Property

International Law

Business Organizations

The Regulatory Process

Regulating Competitionantitrust Laws

Financial and Securities Regulations

Regulations Protecting Consumer Purchases, privacy, and Financial Activities

Environmental Regulation

Discrimination in Employment

Employment Laws

Labormanagement Relationship

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