Question 1

Strict liability offenses:

Accepted Answer

A) dispense with the requirement of proof of any criminal intent on the part of the defendant. 
B) are so classified because the punishments imposed on violators are especially harsh in comparison to the punishments for other criminal offenses. 
C) impose liability on a defendant for the act of third parties. 
D) require proof of some form of mens rea. 
A) dispense with the requirement of proof of any criminal intent on the part of the defendant. 
B) are so classified because the punishments imposed on violators are especially harsh in comparison to the punishments for other criminal offenses. 
C) impose liability on a defendant for the act of third parties. 
D) require proof of some form of mens rea.

Question 2

The Fifth Amendment prevents the government from coercing a defendant into making incriminating statements and thereby assisting his own prosecution.

Accepted Answer

A) True 
 B)False

Question 3

Which of the following is true of the Foreign Intelligence Surveillance Act (FISA)?

Accepted Answer

A) It was enacted as a result of the USA Patriot Act. 
B) It has not been amended after its enactment. 
C) It prohibits surveillance or monitoring without a warrant. 
D) It has expanded the government's ability to monitor the phone calls of suspected terrorists. 
A) It was enacted as a result of the USA Patriot Act. 
B) It has not been amended after its enactment. 
C) It prohibits surveillance or monitoring without a warrant. 
D) It has expanded the government's ability to monitor the phone calls of suspected terrorists.

Question 4

When a judge's sentencing decision is challenged on appeal,the governing standard will be one of reasonableness.

Accepted Answer

A) True 
 B)False

Question 5

Which of the following is the infliction of deserved suffering on violators of society's most fundamental rules?

Accepted Answer

A) Rehabilitation 
B) Deterrence 
C) Probation 
D) Retribution 
A) Rehabilitation 
B) Deterrence 
C) Probation 
D) Retribution

Question 6

________ is the change in the attitudes or values of convicted offenders so that they are not inclined to commit future offenses.

Accepted Answer

A) Recidivism 
B) Rehabilitation 
C) Retribution 
D) Probation 
A) Recidivism 
B) Rehabilitation 
C) Retribution 
D) Probation

Question 7

During a Terry stop,officers may not conduct a pat-down search of an individual without a warrant.

Accepted Answer

A) True 
 B)False

Question 8

Which of the following is a criticism of the USA Patriot Act?

Accepted Answer

A) It covers a narrow range of activities associated with terrorism. 
B) It does not permit warrants for "roving" wiretaps. 
C) It delays the sanctioning of search warrants. 
D) It gives undue freedom to law enforcement. 
A) It covers a narrow range of activities associated with terrorism. 
B) It does not permit warrants for "roving" wiretaps. 
C) It delays the sanctioning of search warrants. 
D) It gives undue freedom to law enforcement.

Question 9

The language of the Bill of Rights only refers to actions of the federal government so the protections of the Bill of Rights do not apply to state government actions.

Accepted Answer

A) True 
 B)False

Question 10

Which of the following statements about computer crime is true?

Accepted Answer

A) On the federal level,computer crime has been prosecuted with great success under existing federal statutes. 
B) Successful prosecution depends on a narrow interpretation of the statutory prerequisites. 
C) Only a few states have enacted criminal statutes outlawing certain abuses of computers. 
D) The technical nature of computer crime complicates its detection and prosecution. 
A) On the federal level,computer crime has been prosecuted with great success under existing federal statutes. 
B) Successful prosecution depends on a narrow interpretation of the statutory prerequisites. 
C) Only a few states have enacted criminal statutes outlawing certain abuses of computers. 
D) The technical nature of computer crime complicates its detection and prosecution.

Question 11

In the United States,a defendant in a criminal case is presumed innocent.

Accepted Answer

A) True 
 B)False

Question 12

Officers may conduct a warrantless search of an individual at the time of an arrest.

Accepted Answer

A) True 
 B)False

Question 13

As demonstrated in Sekhar v.United States,the case in the text,courts carefully scrutinize,and narrowly construe criminal statutes in an effort to:

Accepted Answer

A) make certain whether a defendant's acts were prohibited by the legislature. 
B) understand why the legislature banned certain acts. 
C) determine the proper sentence. 
D) rewrite the statutes for clarity. 
A) make certain whether a defendant's acts were prohibited by the legislature. 
B) understand why the legislature banned certain acts. 
C) determine the proper sentence. 
D) rewrite the statutes for clarity.

Question 14

The Racketeer Influenced and Corrupt Organizations Act's (RICO's)most controversial sections allow:

Accepted Answer

A) federal prosecutors to seek pretrial orders freezing a defendant's assets. 
B) the government to seek injunctions against future racketeering activities. 
C) private individuals to recover treble damages caused by a statutory violation. 
D) government intervention in white-collar crimes. 
A) federal prosecutors to seek pretrial orders freezing a defendant's assets. 
B) the government to seek injunctions against future racketeering activities. 
C) private individuals to recover treble damages caused by a statutory violation. 
D) government intervention in white-collar crimes.

Question 15

Agreements under which corporations avoid formal criminal charges and trials in return for their agreement to pay monetary penalties and submit to outside monitoring of their activities are called:

Accepted Answer

A) non-prosecution agreements. 
B) plea agreements. 
C) deferred guaranty agreements. 
D) deferred prosecution agreements. 
A) non-prosecution agreements. 
B) plea agreements. 
C) deferred guaranty agreements. 
D) deferred prosecution agreements.

Question 16

Quasi-criminal infractions:

Accepted Answer

A) involve significant moral culpability on the offender's part. 
B) are not punishable by fines. 
C) are a serious crime. 
D) are not punishable by confinement in jail. 
A) involve significant moral culpability on the offender's part. 
B) are not punishable by fines. 
C) are a serious crime. 
D) are not punishable by confinement in jail.

Question 17

Which of the following statements about the First Amendment is false?

Accepted Answer

A) The First Amendment may operate as a defense to a criminal prosecution concerning speech many persons would find offensive. 
B) The First Amendment protects speech that deals with economic,scientific,or ethical issues or with other matters of public interest or concern. 
C) The First Amendment protection for noncommercial speech is called "full" protection. 
D) The First Amendment prohibits the government from regulating indecent speech. 
A) The First Amendment may operate as a defense to a criminal prosecution concerning speech many persons would find offensive. 
B) The First Amendment protects speech that deals with economic,scientific,or ethical issues or with other matters of public interest or concern. 
C) The First Amendment protection for noncommercial speech is called "full" protection. 
D) The First Amendment prohibits the government from regulating indecent speech.

Question 18

The Fourth Amendment to the U.S.Constitution:

Accepted Answer

A) protects persons against all searches and seizures. 
B) provides protection to places or items as to which the Supreme Court found no reasonable expectations of privacy such as open fields and personal bank records. 
C) provides protection to matters such as voluntary conversations between criminal defendants and government informants. 
D) protects persons against arbitrary and unreasonable governmental violations of their privacy rights. 
A) protects persons against all searches and seizures. 
B) provides protection to places or items as to which the Supreme Court found no reasonable expectations of privacy such as open fields and personal bank records. 
C) provides protection to matters such as voluntary conversations between criminal defendants and government informants. 
D) protects persons against arbitrary and unreasonable governmental violations of their privacy rights.

Question 19

Sal Conelli is the president and sole stockholder of Salco,Inc. ,a corporation engaged in the wholesale food supply business.Conelli has custody of Salco's business records.A grand jury investigating possible criminal violations of health codes applicable to food products has served a subpoena demanding that certain Salco business records be made available.Conelli plans to resist the subpoena by arguing that compelling the production of the records would violate both his and Salco's Fifth Amendment privileges against self-incrimination.Should Conelli succeed with this argument? Explain your reasoning.

Accepted Answer

Conelli should not succeed with this arg

Question 20

At a preliminary hearing,the prosecutor must prove his case by the "beyond a reasonable doubt" standard.

Accepted Answer

A) True 
 B)False

Exam 5: Criminal Law and Procedure

Strict liability offenses:

The Fifth Amendment prevents the government from coercing a defendant into making incriminating statements and thereby assisting his own prosecution.

Which of the following is true of the Foreign Intelligence Surveillance Act (FISA)?

When a judge's sentencing decision is challenged on appeal,the governing standard will be one of reasonableness.

Which of the following is the infliction of deserved suffering on violators of society's most fundamental rules?

________ is the change in the attitudes or values of convicted offenders so that they are not inclined to commit future offenses.

During a Terry stop,officers may not conduct a pat-down search of an individual without a warrant.

Which of the following is a criticism of the USA Patriot Act?

The language of the Bill of Rights only refers to actions of the federal government so the protections of the Bill of Rights do not apply to state government actions.

Which of the following statements about computer crime is true?

In the United States,a defendant in a criminal case is presumed innocent.

Officers may conduct a warrantless search of an individual at the time of an arrest.

As demonstrated in Sekhar v.United States,the case in the text,courts carefully scrutinize,and narrowly construe criminal statutes in an effort to:

The Racketeer Influenced and Corrupt Organizations Act's (RICO's)most controversial sections allow:

Agreements under which corporations avoid formal criminal charges and trials in return for their agreement to pay monetary penalties and submit to outside monitoring of their activities are called:

Quasi-criminal infractions:

Which of the following statements about the First Amendment is false?

The Fourth Amendment to the U.S.Constitution:

At a preliminary hearing,the prosecutor must prove his case by the "beyond a reasonable doubt" standard.

The Nature of Law

The Resolution of Private Disputes

Business and the Constitution

Business Ethics, Corporate Social Responsibility, Corporate Governance, and Critical Thinking

Intentional Torts

Negligence and Strict Liability

Intellectual Property and Unfair Competition

Introduction to Contracts

The Agreement: Offer

The Agreement: Acceptance

Consideration

Reality of Consent

Capacity to Contract

Illegality

Writing

Rights of Third Parties

Performance and Remedies

Formation and Terms of Sales Contracts

Product Liability

Performance of Sales Contracts

Remedies for Breach of Sales Contracts

Personal Property and Bailments

Real Property

Landlord and Tenant

Estates and Trusts

Insurance Law

Introduction to Credit and Secured Transactions

Security Interests in Personal Property

Bankruptcy

Negotiable Instruments

Negotiation and Holder in Due Course

Liability of Parties

Checks and Electronic Transfers

The Agency Relationship

Third-Party Relations of the Principal and the Agent

Introduction to Forms of Business and Formation of Partnerships

Operation of Partnerships and Related Forms

Partners Dissociation and Partnerships Dissolution and Winding up

Limited Liability Companies, limited Partnerships, and Limited Liability Limited Partnerships

History and Nature of Corporations

Organization and Financial Structure of Corporations

Management of Corporations

Shareholders Rights and Liabilities

Securities Regulation

Legal and Professional Responsibilities of Auditors, Consultants, and Securities Professionals

Administrative Law

The Federal Trade Commission Act and Consumer Protection Laws

Antitrust: the Sherman Act

The Clayton Act, the Robinsonpatman Act, and Antitrust Exemptions and Immunities

Employment Law

Environmental Regulation

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