Question 1

The Federal Organizational Corporate Sentencing Guidelines provide for each criminal offense a base fine that can be reduced,but not increased,under certain circumstances.

Accepted Answer

A) True 
 B)False

Question 2

Mala in se crimes are those crimes that are not morally wrong but are declared wrongful by the legislature.

Accepted Answer

A) True 
 B)False

Question 3

Robbery is a larceny accompanied by force or a threat of force.

Accepted Answer

A) True 
 B)False

Question 4

Which one of the following is NOT true of a criminal suit?

Accepted Answer

A) A criminal suit is brought by the government, not by an individual. 
B) In a criminal suit, guilt is never presumed. 
C) A purpose of a criminal suit is repayment to the victim. 
D) A criminal suit requires a higher burden of proof than a civil suit. 
A) A criminal suit is brought by the government, not by an individual. 
B) In a criminal suit, guilt is never presumed. 
C) A purpose of a criminal suit is repayment to the victim. 
D) A criminal suit requires a higher burden of proof than a civil suit.

Question 5

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 6

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

Accepted Answer

A) True 
 B)False

Question 7

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

Accepted Answer

A) True 
 B)False

Question 8

The crime of larceny includes in its definition:

Accepted Answer

A) the nontrespassory taking and control of personal property. 
B) the trespassory taking and carrying away of personal property. 
C) assault. 
D) the taking and control of personal or real property. 
A) the nontrespassory taking and control of personal property. 
B) the trespassory taking and carrying away of personal property. 
C) assault. 
D) the taking and control of personal or real property.

Question 9

Assume a state has a criminal statute that punishes "every person who by himself or his employee or agent sells anything at short measure." Chris,an employee of Watkins Fencing,Inc.within that state,intentionally sells wire fence to Nowton Construction at short measure.Watkins:

Accepted Answer

A) may be held criminally liable for Chris's act even if Watkins did not authorize this action. 
B) will only be held liable if Chris is a managerial employee. 
C) cannot be vicariously liable for Chris's action unless Watkins directed, participated in, or approved of the act. 
D) will not be vicariously liable for Chris's action if it was not authorized because the element of mental fault is missing on the part of Watkins. 
A) may be held criminally liable for Chris's act even if Watkins did not authorize this action. 
B) will only be held liable if Chris is a managerial employee. 
C) cannot be vicariously liable for Chris's action unless Watkins directed, participated in, or approved of the act. 
D) will not be vicariously liable for Chris's action if it was not authorized because the element of mental fault is missing on the part of Watkins.

Question 10

Under the common law as well as most statutes,__________ is larceny with the additional elements that (1)the property is taken from the victim or in the immediate presence of the victim,and (2)it 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 11

Kim offered $50,000 to the vice president of operations of ChemKore Co.to induce her to divulge a secret process.In some states Kim would be guilty of commercial bribery.

Accepted Answer

A) True 
 B)False

Question 12

The Sarbanes-Oxley Act has all but which of the following provisions?

Accepted Answer

A) Creating a five-person Accounting Oversight Board with authority to review and discipline auditors. 
B) Creating severe civil and criminal penalties for enterprises that engage in the commission of two or more predicate acts within a period of ten years. 
C) Increasing the penalties for existing federal crimes and creating new criminal offenses. 
D) Adding new financial disclosure requirements. 
A) Creating a five-person Accounting Oversight Board with authority to review and discipline auditors. 
B) Creating severe civil and criminal penalties for enterprises that engage in the commission of two or more predicate acts within a period of ten years. 
C) Increasing the penalties for existing federal crimes and creating new criminal offenses. 
D) Adding new financial disclosure requirements.

Question 13

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

Accepted Answer

A) True 
 B)False

Question 14

You are assigned to participate on a corporate committee responsible for creating a program to comply with the Federal Organizational Corporate Sentencing Guidelines.What should the program include,and what will be the effect of your company's implementing an adequate compliance program?

Accepted Answer

An adequate compliance program should in

Question 15

In the People v.Farell case,the court looked first to the words of the statute itself to determine legislative intent and determined that the theft statute applied to trade secrets as well as money.

Accepted Answer

A) True 
 B)False

Question 16

A points an unloaded gun at B and threatens to shoot.Unobserved by A,C,who is B's wife,witnesses the threat and believes A's gun is loaded and that B is about to die.C pulls out a gun and shoots and kills A.In this case:

Accepted Answer

A) C cannot successfully invoke the privilege of defense of others because A's gun was unloaded. 
B) C can successfully invoke the privilege of defense of others because of her reasonable belief at the time she shot A. 
C) C is liable because one can use deadly force only to protect himself. 
D) C was entrapped into believing her husband was about to be killed, so she has a valid defense. 
A) C cannot successfully invoke the privilege of defense of others because A's gun was unloaded. 
B) C can successfully invoke the privilege of defense of others because of her reasonable belief at the time she shot A. 
C) C is liable because one can use deadly force only to protect himself. 
D) C was entrapped into believing her husband was about to be killed, so she has a valid defense.

Question 17

Bill has had a problem with vandalism at his business,so he rigs up a spring gun at the entryway to his store,so that any after-hours intruder will be shot upon entry.Bill may legally use this deadly force to protect his business.

Accepted Answer

A) True 
 B)False

Question 18

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 19

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 20

White-collar crime is defined as a nonviolent crime usually involving deceit,corruption,or breach of trust.

Accepted Answer

A) True 
 B)False

Exam 6: Criminal Law

The Federal Organizational Corporate Sentencing Guidelines provide for each criminal offense a base fine that can be reduced,but not increased,under certain circumstances.

Mala in se crimes are those crimes that are not morally wrong but are declared wrongful by the legislature.

Robbery is a larceny accompanied by force or a threat of force.

Which one of the following is NOT true of a criminal suit?

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.

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

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

The crime of larceny includes in its definition:

Assume a state has a criminal statute that punishes "every person who by himself or his employee or agent sells anything at short measure." Chris,an employee of Watkins Fencing,Inc.within that state,intentionally sells wire fence to Nowton Construction at short measure.Watkins:

Under the common law as well as most statutes,__________ is larceny with the additional elements that (1)the property is taken from the victim or in the immediate presence of the victim,and (2)it is accomplished through either force or threat of force.

Kim offered $50,000 to the vice president of operations of ChemKore Co.to induce her to divulge a secret process.In some states Kim would be guilty of commercial bribery.

The Sarbanes-Oxley Act has all but which of the following provisions?

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

You are assigned to participate on a corporate committee responsible for creating a program to comply with the Federal Organizational Corporate Sentencing Guidelines.What should the program include,and what will be the effect of your company's implementing an adequate compliance program?

In the People v.Farell case,the court looked first to the words of the statute itself to determine legislative intent and determined that the theft statute applied to trade secrets as well as money.

A points an unloaded gun at B and threatens to shoot.Unobserved by A,C,who is B's wife,witnesses the threat and believes A's gun is loaded and that B is about to die.C pulls out a gun and shoots and kills A.In this case:

Bill has had a problem with vandalism at his business,so he rigs up a spring gun at the entryway to his store,so that any after-hours intruder will be shot upon entry.Bill may legally use this deadly force to protect his business.

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

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.

White-collar crime is defined as a nonviolent crime usually involving deceit,corruption,or breach of trust.

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 and 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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