Question 1

What is a white-collar crime?

Accepted Answer

A)  It is a nonviolent crime committed by any individual against businesspersons and organizations. 
B)  It is a violent terrorism-related crime that poses significant threat to the general public. 
C)  It is a nonviolent crime committed by businesspersons and organizations. 
D)  It is a violent crime committed by any person belonging to a lower social class. 
A)  It is a nonviolent crime committed by any individual against businesspersons and organizations. 
B)  It is a violent terrorism-related crime that poses significant threat to the general public. 
C)  It is a nonviolent crime committed by businesspersons and organizations. 
D)  It is a violent crime committed by any person belonging to a lower social class. C

Question 2

Describe the recent movement to decriminalize certain types of behavior.

Accepted Answer

Whether a given act is classified as criminal or not is a social question. Our definitions of criminal conduct change with time. Behavior that was once considered criminal (e.g., blasphemy) is no longer treated as such. Today, we see many proposals to decriminalize certain kinds of behavior, such as marijuana use, gambling, prostitution, and consensual sex. Those who argue for decriminalization maintain that attempts to treat such "victimless crimes" criminally are ineffective, cause corruption, overburden the courts and police, and cause a loss of respect for the law.

Question 3

Under the mandates of the Racketeer Influenced and Corrupt Organizations Act (RICO), an individual injured by the racketeering activity of a company can:

Accepted Answer

A)  claim three times the damage plus attorneys' fees. 
B)  claim four times the damage plus attorneys' fees. 
C)  claim only up to two times the damage plus attorneys' fees. 
D)  recover the basic amount lost plus attorneys' fees. 
A)  claim three times the damage plus attorneys' fees. 
B)  claim four times the damage plus attorneys' fees. 
C)  claim only up to two times the damage plus attorneys' fees. 
D)  recover the basic amount lost plus attorneys' fees. A

Question 4

Alex harbors a deep hatred for Malaika because she publicly humiliated him. Shane is Malaika's business partner who plots to acquire her shares and knows about Alex's resentment toward Malaika. Shane takes Alex on a drinking spree at a local bar where he provokes Alex against Malaika. In a fit of rage, Alex leaves the bar and murders Malaika at her residence. From this scenario, we can conclude that the court would most likely hold Alex:

Accepted Answer

A)  incapable of premeditation and give him bail. 
B)  capable of premeditation and punish him for first-degree murder. 
C)  incapable of premeditation and punish him for second-degree murder. 
D)  capable of premeditation and give him the death penalty. 
A)  incapable of premeditation and give him bail. 
B)  capable of premeditation and punish him for first-degree murder. 
C)  incapable of premeditation and punish him for second-degree murder. 
D)  capable of premeditation and give him the death penalty.

Question 5

Illegally gained evidence, such as evidence resulting from "unreasonable searches and seizures," cannot be used in criminal prosecutions. This is a safeguard for criminal defendants under:

Accepted Answer

A)  the Miranda warning. 
B)  the exclusionary rule. 
C)  the right of confrontation. 
D)  double jeopardy. 
A)  the Miranda warning. 
B)  the exclusionary rule. 
C)  the right of confrontation. 
D)  double jeopardy.

Question 6

Under the Sarbanes-Oxley Act of 2002, the chief executive officer and chief financial officer must certify reports submitted to the Securities and Exchange Commission.

Accepted Answer

A) True 
 B)False

Question 7

A corporate officer may sometimes be found liable even when the officer had no actual knowledge of, or control over, the activities in question.

Accepted Answer

A) True 
 B)False

Question 8

One of the major criticisms against the USA PATRIOT Act is that it:

Accepted Answer

A)  increases judicial and congressional oversight on the use of increased surveillance techniques. 
B)  compromises the public's Fourth Amendment rights. 
C)  tips the balance too heavily in the individual's favor. 
D)  decreases the information-sharing power between investigative agencies. 
A)  increases judicial and congressional oversight on the use of increased surveillance techniques. 
B)  compromises the public's Fourth Amendment rights. 
C)  tips the balance too heavily in the individual's favor. 
D)  decreases the information-sharing power between investigative agencies.

Question 9

Drafted under U.S. influence, the Council of Europe's "Convention on Cybercrime" obligates participating countries to:

Accepted Answer

A)  disclose private information to government agents. 
B)  create a "do-not-e-mail" registry. 
C)  outlaw commercial copyright infringement. 
D)  send out unsolicited commercial e-mails. 
A)  disclose private information to government agents. 
B)  create a "do-not-e-mail" registry. 
C)  outlaw commercial copyright infringement. 
D)  send out unsolicited commercial e-mails.

Question 10

Both federal and state laws spell out the specifics of cybercrime. Which of the following statements is true of these laws?

Accepted Answer

A)  Only an individual may face liability based on the use of electronic communication; corporations are out of their purview. 
B)  Altering data stored in another person's computer is not considered illegal. 
C)  A corporation is not liable for the online activities of its employees. 
D)  Accessing the services of a commercial service provider without paying fees is a crime. 
A)  Only an individual may face liability based on the use of electronic communication; corporations are out of their purview. 
B)  Altering data stored in another person's computer is not considered illegal. 
C)  A corporation is not liable for the online activities of its employees. 
D)  Accessing the services of a commercial service provider without paying fees is a crime.

Question 11

The responsible corporate officer doctrine:

Accepted Answer

A)  directs that corporate officials and agents may be held liable for crimes they fail to prevent by neglecting to control the misconduct of those subject to their control. 
B)  states that officials cannot be tried for homicide and related crimes. 
C)  states that corporate officials have no liability if they have no knowledge of the activities in question. 
D)  directs that corporate officials may be tried only for crimes that they personally commit. 
A)  directs that corporate officials and agents may be held liable for crimes they fail to prevent by neglecting to control the misconduct of those subject to their control. 
B)  states that officials cannot be tried for homicide and related crimes. 
C)  states that corporate officials have no liability if they have no knowledge of the activities in question. 
D)  directs that corporate officials may be tried only for crimes that they personally commit.

Question 12

Before behavior can be treated as criminal, the legislature must have passed a statute making it criminal.

Accepted Answer

A) True 
 B)False

Question 13

Which of the following statements is true about the Federal Sentencing Guidelines?

Accepted Answer

A)  They are designed to establish consistent sentences for homicides only. 
B)  They require judges to arrive at a sentence by using a formula based on the seriousness and circumstances of the crime. 
C)  They specifically mandate lenient penalties and faster trials for corporations dealing with white-collar crimes. 
D)  They mandate a minimum one-month prison term for tax frauds. 
A)  They are designed to establish consistent sentences for homicides only. 
B)  They require judges to arrive at a sentence by using a formula based on the seriousness and circumstances of the crime. 
C)  They specifically mandate lenient penalties and faster trials for corporations dealing with white-collar crimes. 
D)  They mandate a minimum one-month prison term for tax frauds.

Question 14

The Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN-SPAM):

Accepted Answer

A)  requires that all e-mail messages be labeled. 
B)  requires that unsolicited commercial e-mail include opt-out instructions. 
C)  prohibits interference with computers used by the government or financial institutions. 
D)  allows an ISP to disclose private information to a government agent if the provider believes that the information concerns a serious crime. 
A)  requires that all e-mail messages be labeled. 
B)  requires that unsolicited commercial e-mail include opt-out instructions. 
C)  prohibits interference with computers used by the government or financial institutions. 
D)  allows an ISP to disclose private information to a government agent if the provider believes that the information concerns a serious crime.

Question 15

The USA PATRIOT Act restricts law enforcement from using surveillance techniques with increased judicial and congressional oversight.

Accepted Answer

A) True 
 B)False

Question 16

The United States Constitution protects against ex post facto laws.

Accepted Answer

A) True 
 B)False

Question 17

Mens rea refers to _____.

Accepted Answer

A)  misdemeanors 
B)  social condemnation 
C)  insanity 
D)  criminal intent 
A)  misdemeanors 
B)  social condemnation 
C)  insanity 
D)  criminal intent

Question 18

According to the irresistible impulse test, defendants are not criminally responsible if, due to a mental disease or defect, they lack the substantial capacity to appreciate the wrongfulness of the act or to conform their conduct to the requirements of the law.

Accepted Answer

A) True 
 B)False

Question 19

Which of the following is true under the Sarbanes-Oxley Act of 2002?

Accepted Answer

A)  To defraud shareholders of a publicly traded company is considered a misdemeanor. 
B)  It covers civil and criminal reforms that expand the accountability of corporate officers but does not include accounting reforms. 
C)  It states that there should be procedures to ensure legal protection for whistleblowers. 
D)  It states that chief executive officers and chief financial officers cannot be held liable for any misconduct. 
A)  To defraud shareholders of a publicly traded company is considered a misdemeanor. 
B)  It covers civil and criminal reforms that expand the accountability of corporate officers but does not include accounting reforms. 
C)  It states that there should be procedures to ensure legal protection for whistleblowers. 
D)  It states that chief executive officers and chief financial officers cannot be held liable for any misconduct.

Question 20

Which of the following is an example of cooperative antibribery efforts aimed at combating corruption in international business dealings?

Accepted Answer

A)  The ECPA 
B)  The CFAA 
C)  The IACAC 
D)  The CSEA 
A)  The ECPA 
B)  The CFAA 
C)  The IACAC 
D)  The CSEA

Exam 5: Crimes

What is a white-collar crime?

Describe the recent movement to decriminalize certain types of behavior.

Under the mandates of the Racketeer Influenced and Corrupt Organizations Act (RICO), an individual injured by the racketeering activity of a company can:

Illegally gained evidence, such as evidence resulting from "unreasonable searches and seizures," cannot be used in criminal prosecutions. This is a safeguard for criminal defendants under:

Under the Sarbanes-Oxley Act of 2002, the chief executive officer and chief financial officer must certify reports submitted to the Securities and Exchange Commission.

A corporate officer may sometimes be found liable even when the officer had no actual knowledge of, or control over, the activities in question.

One of the major criticisms against the USA PATRIOT Act is that it:

Drafted under U.S. influence, the Council of Europe's "Convention on Cybercrime" obligates participating countries to:

Both federal and state laws spell out the specifics of cybercrime. Which of the following statements is true of these laws?

The responsible corporate officer doctrine:

Before behavior can be treated as criminal, the legislature must have passed a statute making it criminal.

Which of the following statements is true about the Federal Sentencing Guidelines?

The Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN-SPAM):

The USA PATRIOT Act restricts law enforcement from using surveillance techniques with increased judicial and congressional oversight.

The United States Constitution protects against ex post facto laws.

Mens rea refers to _____.

According to the irresistible impulse test, defendants are not criminally responsible if, due to a mental disease or defect, they lack the substantial capacity to appreciate the wrongfulness of the act or to conform their conduct to the requirements of the law.

Which of the following is true under the Sarbanes-Oxley Act of 2002?

Which of the following is an example of cooperative antibribery efforts aimed at combating corruption in international business dealings?

Law, Legal Reasoning, and the Legal Profession

Dispute Settlement

Business Ethics and Corporate Social Responsibility

Business and the Constitution

Intentional Torts

Negligence and Strict Liability

Licensing and Intellectual Property

The Nature and Origins of Contracts

Creating a Contract: Offers

Creating a Contract: Acceptances

Consideration

Capacity to Contract

Voluntary Consent

Illegality

The Form and Meaning of Contracts

Third Parties Contract Rights

Performance and Remedies

Formation and Terms of Sales Contracts

Warranties and Product Liability

Performance of Sales Contracts

Remedies for Breach of Sales Contracts

The Agency Relationship-Creation, Duties, and Termination

Liability of Principals and Agents to Third Parties

Employment Laws

Which Form of Business Organization

Partnerships

Formation and Termination of Corporations

Management of the Corporate Business

Financing the Corporation and the Role of the Shareholders

Securities Regulation

Legal Liability of Accountants

Personal Property and Bailments

Real Property

Landlord and Tenant

Estates and Trusts

Insurance

Negotiable Instruments

Negotiation and Holder in Due Course

Liability of Parties

Checks and Electronic Fund Transfers

Introduction to Security

Security Interests in Personal Property

Bankruptcy

The Antitrust Laws

Consumer Protection Laws

Environmental Regulation

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