Question 1

The defendant must testify in a criminal proceeding.

Accepted Answer

A) True 
 B)False

Question 2

At common law, __________ was defined as a breaking and entering of a dwelling of another at night with the intent to commit a felony.

Accepted Answer

A) burglary 
B) bribery 
C) robbery 
D) theft 
A) burglary 
B) bribery 
C) robbery 
D) theft

Question 3

A defendant who is indicted will next be:

Accepted Answer

A) jailed. 
B) tried. 
C) arraigned. 
D) prosecuted. 
A) jailed. 
B) tried. 
C) arraigned. 
D) prosecuted.

Question 4

RICO defines a pattern of racketeering as the commission of three or more predicate acts within a five-year period.

Accepted Answer

A) True 
 B)False

Question 5

Tyler is self-employed and alters some receipts so he will show more expenses and therefore have a greater total of income tax deductions.Tyler has:

Accepted Answer

A) committed the crime of extortion. 
B) engaged in securities fraud. 
C) engaged in no criminal activity. 
D) committed the crime of forgery. 
A) committed the crime of extortion. 
B) engaged in securities fraud. 
C) engaged in no criminal activity. 
D) committed the crime of forgery.

Question 6

A preliminary hearing is held in a criminal case to determine whether there is probable cause to believe the defendant is the one who committed the crime.

Accepted Answer

A) True 
 B)False

Question 7

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

Accepted Answer

A) True 
 B)False

Question 8

Bill is the accountant for Cheatam and Sons Co.For many years he has kept two sets of books, one with real figures and another with figures he will use in case the IRS audits.When Bill, while working on Cheatam's books, is arrested for fraud, what will happen to the books?

Accepted Answer

A) They are privileged communications and therefore inadmissible as evidence against Bill. 
B) They are protected by the Fifth Amendment and therefore are inadmissible. 
C) They may be admitted as evidence since the Fifth Amendment does not protect business records. 
D) They may be admitted as evidence only if Bill consented to a search of his offices. 
A) They are privileged communications and therefore inadmissible as evidence against Bill. 
B) They are protected by the Fifth Amendment and therefore are inadmissible. 
C) They may be admitted as evidence since the Fifth Amendment does not protect business records. 
D) They may be admitted as evidence only if Bill consented to a search of his offices.

Question 9

A crime that is punishable by a fine or imprisonment in a local jail is a:

Accepted Answer

A) felony. 
B) white-collar crime. 
C) misdemeanor. 
D) mala prohibita crime only. 
A) felony. 
B) white-collar crime. 
C) misdemeanor. 
D) mala prohibita crime only.

Question 10

The Sarbanes-Oxley Act passed in 2002 is the first comprehensive federal statute prohibiting computer crime.

Accepted Answer

A) True 
 B)False

Question 11

The degrees of mental fault in criminal law include which of the following?

Accepted Answer

A) Subjective fault, which includes a purposeful, knowing, or reckless mental state. 
B) Objective fault, which would be a negligent or careless mental state. 
C) Liability without fault, where no requisite mental state or even knowledge of the act is required in some instances. 
D) All of the above. 
E) None of the above 
A) Subjective fault, which includes a purposeful, knowing, or reckless mental state. 
B) Objective fault, which would be a negligent or careless mental state. 
C) Liability without fault, where no requisite mental state or even knowledge of the act is required in some instances. 
D) All of the above. 
E) None of the above

Question 12

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

Accepted Answer

A) True 
 B)False

Question 13

RICO has been successfully applied to businesses that are not engaged in organized crime, despite the fact that its intent is to target organized crime.

Accepted Answer

A) True 
 B)False

Question 14

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.

Accepted Answer

A) True 
 B)False

Question 15

Some states still recognize common law crimes.

Accepted Answer

A) True 
 B)False

Question 16

The privilege against self-incrimination extends to which of the following?

Accepted Answer

A) Providing a handwriting sample. 
B) Appearing in a line-up for identification purposes. 
C) Taking a blood test after an accident. 
D) None of the above are protected by the privilege against self-incrimination. 
A) Providing a handwriting sample. 
B) Appearing in a line-up for identification purposes. 
C) Taking a blood test after an accident. 
D) None of the above are protected by the privilege against self-incrimination.

Question 17

Tracey offered the police chief $10,000 to ignore illegal gambling activity in her establishment.Tracey cannot be found guilty of bribery since the police chief refused her offer.

Accepted Answer

A) True 
 B)False

Question 18

Crimes consist of two basic elements.

Accepted Answer

A) True 
 B)False

Question 19

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.Sam:

Accepted Answer

A) is clearly guilty as charged. 
B) can raise the defense of entrapment and argue that Paul has enticed him to commit a crime he would not have done otherwise. 
C) can use the defense of duress. 
D) can use the Fourth Amendment to exclude the marijuana as evidence that has been illegally seized. 
A) is clearly guilty as charged. 
B) can raise the defense of entrapment and argue that Paul has enticed him to commit a crime he would not have done otherwise. 
C) can use the defense of duress. 
D) can use the Fourth Amendment to exclude the marijuana as evidence that has been illegally seized.

Question 20

Alicia is on trial for issuing a bad check.She was offered and accepted the assistance of a public defender.She was informed of the charges against her, received a speedy public trial by an impartial jury, and was not required to testify.The person to whom Alicia wrote the check did not appear at her trial, nor did any bank personnel.In this case:

Accepted Answer

A) Alicia has received all of her Fourth, Fifth, and Sixth Amendment protections and rights. 
B) the jurisdiction will not make any difference in what elements must be proved to convict Alicia. 
C) Alicia has been denied her Fifth Amendment right to due process. 
D) Alicia, to be found guilty in any jurisdiction, must have known that she did not have enough money in her account to cover the check when she issued it. 
A) Alicia has received all of her Fourth, Fifth, and Sixth Amendment protections and rights. 
B) the jurisdiction will not make any difference in what elements must be proved to convict Alicia. 
C) Alicia has been denied her Fifth Amendment right to due process. 
D) Alicia, to be found guilty in any jurisdiction, must have known that she did not have enough money in her account to cover the check when she issued it.

Exam 6: Criminal Law

The defendant must testify in a criminal proceeding.

At common law, __________ was defined as a breaking and entering of a dwelling of another at night with the intent to commit a felony.

A defendant who is indicted will next be:

RICO defines a pattern of racketeering as the commission of three or more predicate acts within a five-year period.

Tyler is self-employed and alters some receipts so he will show more expenses and therefore have a greater total of income tax deductions.Tyler has:

A preliminary hearing is held in a criminal case to determine whether there is probable cause to believe the defendant is the one who committed the crime.

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

Bill is the accountant for Cheatam and Sons Co.For many years he has kept two sets of books, one with real figures and another with figures he will use in case the IRS audits.When Bill, while working on Cheatam's books, is arrested for fraud, what will happen to the books?

A crime that is punishable by a fine or imprisonment in a local jail is a:

The Sarbanes-Oxley Act passed in 2002 is the first comprehensive federal statute prohibiting computer crime.

The degrees of mental fault in criminal law include which of the following?

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

RICO has been successfully applied to businesses that are not engaged in organized crime, despite the fact that its intent is to target organized crime.

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.

Some states still recognize common law crimes.

The privilege against self-incrimination extends to which of the following?

Tracey offered the police chief $10,000 to ignore illegal gambling activity in her establishment.Tracey cannot be found guilty of bribery since the police chief refused her offer.

Crimes consist of two basic elements.

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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