Question 1

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.

Accepted Answer

A) True 
 B)False

Question 2

Briefly discuss legislation relating to computer crimes.

Accepted Answer

Every state has enacted computer crime l

Question 3

A "bench trial" is one in which the decision is made without a jury.

Accepted Answer

A) True 
 B)False

Question 4

The Sixth Amendment protects persons against self-incrimination, double jeopardy, and being charged with a capital offense except by grand jury indictment.

Accepted Answer

A) True 
 B)False

Question 5

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

Accepted Answer

A) Fourth 
B) Fifth 
C) Sixth 
D) Eighth 
A) Fourth 
B) Fifth 
C) Sixth 
D) Eighth

Question 6

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 7

At the __________, the accused is informed of the charge against him and enters his plea.

Accepted Answer

A) preliminary hearing 
B) arraignment 
C) indictment 
D) information 
A) preliminary hearing 
B) arraignment 
C) indictment 
D) information

Question 8

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

Accepted Answer

A) True 
 B)False

Question 9

A sender of unsolicited commercial electronic mail who misleads recipients as to the source or content of the e-mail has violated federal law, the CAN-SPAM Act.

Accepted Answer

A) True 
 B)False

Question 10

Carelessness or negligence is a form of subjective fault.

Accepted Answer

A) True 
 B)False

Question 11

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

Accepted Answer

A) True 
 B)False

Question 12

The fraudulent conversion of another's property by one in lawful possession of it is:

Accepted Answer

A) robbery. 
B) theft. 
C) larceny. 
D) embezzlement. 
A) robbery. 
B) theft. 
C) larceny. 
D) embezzlement.

Question 13

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 14

The Fifth Amendment protects a defendant from double jeopardy.

Accepted Answer

A) True 
 B)False

Question 15

There are no federal common law crimes.

Accepted Answer

A) True 
 B)False

Question 16

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

Accepted Answer

The following are elements that must be

Question 17

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

Accepted Answer

A) True 
 B)False

Question 18

Robbery and burglary are the same crime.

Accepted Answer

A) True 
 B)False

Question 19

Under the common law as well as most statutes, __________ is larceny with the additional elements that the property is taken from the victim or in the immediate presence of the victim and the act 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 20

Discuss the following concepts of criminal law and how and why the general elements of criminal action are altered, extended, or eliminated.In addition, give examples corresponding to each concept of the type of conduct that could be a criminal act.
a.Objective fault
b.Vicarious liability
c.Corporate liability

Accepted Answer

a.The mental intent required for a crime

Exam 6: Criminal Law

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.

Briefly discuss legislation relating to computer crimes.

A "bench trial" is one in which the decision is made without a jury.

The Sixth Amendment protects persons against self-incrimination, double jeopardy, and being charged with a capital offense except by grand jury indictment.

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

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

At the __________, the accused is informed of the charge against him and enters his plea.

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

A sender of unsolicited commercial electronic mail who misleads recipients as to the source or content of the e-mail has violated federal law, the CAN-SPAM Act.

Carelessness or negligence is a form of subjective fault.

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

The fraudulent conversion of another's property by one in lawful possession of it is:

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.

The Fifth Amendment protects a defendant from double jeopardy.

There are no federal common law crimes.

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

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

Robbery and burglary are the same crime.

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

Introduction to Law

Business Ethics

Civil Dispute Resolution

Constitutional Law

Administrative Law

Intentional Torts

Negligence and Strict Liability

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 Remedies

Introduction to Sales and Leases

Performance

Transfer of Title and Risk of Loss

Product Liability: Warranties and Strict Liability

Sales Remedies

Form and Content

Transfer

Holder in Due Course

Liability of Parties

Bank Deposits, Collections, and Funds Transfers

Relationship of Principal and Agent

Relationship With Third Parties

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 Corporations

Secured Transactions and Suretyship

Bankruptcy

Securities Regulation

Intellectual Property

Employment Law

Antitrust

Accountants Legal Liability

Consumer Protection

Environmental Law

International Business Law

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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