Question 1

To satisfy the burden of proof for most civil cases,the plaintiff needs to establish the facts:

Accepted Answer

A)  by a preponderance of the evidence. 
B)  by clear and convincing evidence. 
C)  beyond a reasonable doubt. 
D)  by a higher standard of proof,given the formidable resources of the state. 
A)  by a preponderance of the evidence. 
B)  by clear and convincing evidence. 
C)  beyond a reasonable doubt. 
D)  by a higher standard of proof,given the formidable resources of the state.

Question 2

The defendant formally pleads guilty or not guilty at the:

Accepted Answer

A)  arraignment. 
B)  preliminary hearing. 
C)  indictment. 
D)  trial. 
A)  arraignment. 
B)  preliminary hearing. 
C)  indictment. 
D)  trial.

Question 3

Which of the following is NOT an exception to the warrant requirement for a lawful search?

Accepted Answer

A)  A search when the owner or a person who appears to have authority voluntarily and intelligently consents to the search 
B)  A search of a residence if there is probable cause to believe evidence of a crime will be found 
C)  Anything discovered by police in plain view if the officers are legitimately on the premises 
D)  A stop and frisk of a suspect if the officer reasonably believes the suspect is dangerous 
A)  A search when the owner or a person who appears to have authority voluntarily and intelligently consents to the search 
B)  A search of a residence if there is probable cause to believe evidence of a crime will be found 
C)  Anything discovered by police in plain view if the officers are legitimately on the premises 
D)  A stop and frisk of a suspect if the officer reasonably believes the suspect is dangerous

Question 4

_____ liability is the imposition of liability on one party for the wrongs of another.

Accepted Answer

A)  Vicarious 
B)  Validity 
C)  Strict 
D)  Felony 
A)  Vicarious 
B)  Validity 
C)  Strict 
D)  Felony

Question 5

Which of the following statements is true regarding the Sixth Amendment right to have the assistance of counsel for criminal proceedings?

Accepted Answer

A)  The accused has the right to use his or her own attorney. 
B)  Before being taken into custody,the accused must be informed of the right to counsel. 
C)  The assistance of counsel must be effective according to a highly rigid standard. 
D)  There is no constitutional right to counsel on any appeal of a verdict. 
A)  The accused has the right to use his or her own attorney. 
B)  Before being taken into custody,the accused must be informed of the right to counsel. 
C)  The assistance of counsel must be effective according to a highly rigid standard. 
D)  There is no constitutional right to counsel on any appeal of a verdict.

Question 6

United States v.Stein addressed the question of whether the constitutional rights of the defending accountants were violated when the government pressured their former employer into ending its policy of paying attorney fees.How did the Court rule?

Accepted Answer

A)  The actions of the government violated the constitutional rights of the defendants resulting in the dismissal of indictments against the defendants. 
B)  The actions of the government violated the constitutional rights of the defendants but the indictments issued against them were not dismissed. 
C)  The actions of the government did not violate the constitutional rights of the defendants,primarily because white-collar crime was involved. 
D)  The actions of the government did not violate the constitutional rights of the defendants because the defendants could afford to pay their own attorneys. 
A)  The actions of the government violated the constitutional rights of the defendants resulting in the dismissal of indictments against the defendants. 
B)  The actions of the government violated the constitutional rights of the defendants but the indictments issued against them were not dismissed. 
C)  The actions of the government did not violate the constitutional rights of the defendants,primarily because white-collar crime was involved. 
D)  The actions of the government did not violate the constitutional rights of the defendants because the defendants could afford to pay their own attorneys.

Question 7

CASE 14.2 Universal Health Services,Inc.v.United States ex rel.Escobar (2016),involved a qui tam suit against Universal Health asserting that they submitted claims for reimbursement for services but failed to disclose serious regulation violations.Which of the following statements about this action is true?

Accepted Answer

A)  The Court rejected the government's assertion that any statutory,regulatory,or contractual violation is material as long as the defendant knows that the government would be entitled to refuse payment were it aware of the violation. 
B)  A defendant should face FCA liability only if it failed to disclose the violation of a contractual,statutory,or regulatory provision that the government expressly designated a condition of payment. 
C)  The Court held that the implied certification theory cannot be a basis for liability. 
D)  The Court applied the test as to whether the undisclosed violation is material,and found that it was not relevant to but rather dispositive of the materiality inquiry. 
A)  The Court rejected the government's assertion that any statutory,regulatory,or contractual violation is material as long as the defendant knows that the government would be entitled to refuse payment were it aware of the violation. 
B)  A defendant should face FCA liability only if it failed to disclose the violation of a contractual,statutory,or regulatory provision that the government expressly designated a condition of payment. 
C)  The Court held that the implied certification theory cannot be a basis for liability. 
D)  The Court applied the test as to whether the undisclosed violation is material,and found that it was not relevant to but rather dispositive of the materiality inquiry.

Question 8

In United States v.Forrester,the Ninth Circuit Court of Appeals addressed the issue of whether,without a search warrant,the government can obtain e-mail addresses and information regarding Internet sites visited through installation of a surveillance device at the location of the Internet service provider.How did the court rule?

Accepted Answer

A)  The government violated the defendant's constitutional rights because no warrant was obtained. 
B)  Obtaining the information did not constitute a Fourth Amendment search,because the defendant did not have an expectation to privacy in emails or websites visited. 
C)  Obtaining the information constituted a Fourth Amendment search,but the defendant's constitutional right to privacy was not violated. 
D)  Obtaining the information did not constitute a Fourth Amendment search,but the defendant's due process rights were violated. 
A)  The government violated the defendant's constitutional rights because no warrant was obtained. 
B)  Obtaining the information did not constitute a Fourth Amendment search,because the defendant did not have an expectation to privacy in emails or websites visited. 
C)  Obtaining the information constituted a Fourth Amendment search,but the defendant's constitutional right to privacy was not violated. 
D)  Obtaining the information did not constitute a Fourth Amendment search,but the defendant's due process rights were violated.

Question 9

Which of the following statements is NOT true regarding the warrant requirement of the Fourth Amendment?

Accepted Answer

A)  Some stops and searches may be justified without a search warrant. 
B)  The Supreme Court has permitted a warrantless search of garbage cans placed at curbside for collection. 
C)  An arrest warrant is generally required for arrests in the suspect's own home. 
D)  A search warrant is required for the government to search an individual's bank records. 
A)  Some stops and searches may be justified without a search warrant. 
B)  The Supreme Court has permitted a warrantless search of garbage cans placed at curbside for collection. 
C)  An arrest warrant is generally required for arrests in the suspect's own home. 
D)  A search warrant is required for the government to search an individual's bank records.

Question 10

Criminal recklessness occurs when a person consciously intends to cause the harmful result.

Accepted Answer

A) True 
 B)False

Question 11

Under strict liability,a defendant can be guilty of a crime regardless of his or her state of mind.

Accepted Answer

A) True 
 B)False

Question 12

__________ for arrest is defined as a reasonable belief that the suspect has committed a crime or is about to commit a crime.

Accepted Answer

A)  Probable cause 
B)  Support 
C)  Probable reason 
D)  Reasonable cause 
A)  Probable cause 
B)  Support 
C)  Probable reason 
D)  Reasonable cause

Question 13

The Racketeer Influenced and Corrupt Organizations Act (RICO)was originally designed to combat corporate crime.

Accepted Answer

A) True 
 B)False

Question 14

__________ prohibits the testimony of the witness from being used against him in any way.

Accepted Answer

A)  Transactional immunity 
B)  Use immunity 
C)  Nolo contendere 
D)  Plea bargaining 
A)  Transactional immunity 
B)  Use immunity 
C)  Nolo contendere 
D)  Plea bargaining

Question 15

Evidence found as the result of an illegal search may be characterized as:

Accepted Answer

A)  irrelevant. 
B)  the fruit of the poisonous tree. 
C)  prosecutorial misconduct. 
D)  tainted goods. 
A)  irrelevant. 
B)  the fruit of the poisonous tree. 
C)  prosecutorial misconduct. 
D)  tainted goods.

Question 16

Bertie,a truck driver,is told by the boss,Percy,to quickly deliver a load of steel and to get to the location within an hour.Bertie replied,"That's impossible-I'd have to go 90 miles per hour to do that." Percy said,"Well,you'd best get started." Not surprisingly,Bertie was stopped by a highway patrol officer and fined for both speeding and reckless driving.At court,Bertie told the judge that the ruling should be "not guilty" because Bertie was only acting upon orders of Bertie's boss.Is this reasoning correct?

Accepted Answer

A)  Yes. 
B)  No. 
C)  Yes,but only if Bertie can establish that a written contract obligated the following of Percy's orders. 
D)  Yes,but only if Bertie has no previous record of speeding. 
A)  Yes. 
B)  No. 
C)  Yes,but only if Bertie can establish that a written contract obligated the following of Percy's orders. 
D)  Yes,but only if Bertie has no previous record of speeding.

Question 17

The Fifth Amendment provides extensive protection to corporations and businesses against use of records and papers.

Accepted Answer

A) True 
 B)False

Question 18

Criminal law protects society principally by:

Accepted Answer

A)  vindicating society's values. 
B)  compensating the victim. 
C)  punishing the criminal. 
D)  defining the rules of social behavior. 
A)  vindicating society's values. 
B)  compensating the victim. 
C)  punishing the criminal. 
D)  defining the rules of social behavior.

Question 19

The Sixth Amendment's right to counsel means the accused has the right to his or her own attorney.

Accepted Answer

A) True 
 B)False

Question 20

Officer Taj obtained a search warrant to search Lee's apartment based upon a tip from Hanen,an informant,to the effect that Lee was selling drugs.Hanen had actually lied to Taj because of an earlier dispute with Lee about a small loan of $50 Hanen had made to Lee.Taj was suspicious of all the tenants in Lee's building and got a search warrant authorizing a search of the building for anything illegal.In Lee's apartment Taj found a small amount of marijuana that Lee used personally.Hanen started feeling guilty and confessed to lying about the whole matter.Lee is being prosecuted.Does Lee have any defense based upon the warrant? Why or why not?

Accepted Answer

The good faith exception provides that e

To satisfy the burden of proof for most civil cases,the plaintiff needs to establish the facts:

The defendant formally pleads guilty or not guilty at the:

Which of the following is NOT an exception to the warrant requirement for a lawful search?

_____ liability is the imposition of liability on one party for the wrongs of another.

Which of the following statements is true regarding the Sixth Amendment right to have the assistance of counsel for criminal proceedings?

United States v.Stein addressed the question of whether the constitutional rights of the defending accountants were violated when the government pressured their former employer into ending its policy of paying attorney fees.How did the Court rule?

Which of the following statements is NOT true regarding the warrant requirement of the Fourth Amendment?

Criminal recklessness occurs when a person consciously intends to cause the harmful result.

Under strict liability,a defendant can be guilty of a crime regardless of his or her state of mind.

__________ for arrest is defined as a reasonable belief that the suspect has committed a crime or is about to commit a crime.

The Racketeer Influenced and Corrupt Organizations Act (RICO)was originally designed to combat corporate crime.

__________ prohibits the testimony of the witness from being used against him in any way.

Evidence found as the result of an illegal search may be characterized as:

The Fifth Amendment provides extensive protection to corporations and businesses against use of records and papers.

Criminal law protects society principally by:

The Sixth Amendment's right to counsel means the accused has the right to his or her own attorney.

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Civil Rights and Employment Discrimination

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Consumer-Protection

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Exam 14: Criminal-Law

To satisfy the burden of proof for most civil cases,the plaintiff needs to establish the facts:

The defendant formally pleads guilty or not guilty at the:

Which of the following is NOT an exception to the warrant requirement for a lawful search?

_____ liability is the imposition of liability on one party for the wrongs of another.

Which of the following statements is true regarding the Sixth Amendment right to have the assistance of counsel for criminal proceedings?

United States v.Stein addressed the question of whether the constitutional rights of the defending accountants were violated when the government pressured their former employer into ending its policy of paying attorney fees.How did the Court rule?

Which of the following statements is NOT true regarding the warrant requirement of the Fourth Amendment?

Criminal recklessness occurs when a person consciously intends to cause the harmful result.

Under strict liability,a defendant can be guilty of a crime regardless of his or her state of mind.

__________ for arrest is defined as a reasonable belief that the suspect has committed a crime or is about to commit a crime.

The Racketeer Influenced and Corrupt Organizations Act (RICO)was originally designed to combat corporate crime.

__________ prohibits the testimony of the witness from being used against him in any way.

Evidence found as the result of an illegal search may be characterized as:

The Fifth Amendment provides extensive protection to corporations and businesses against use of records and papers.

Criminal law protects society principally by:

The Sixth Amendment's right to counsel means the accused has the right to his or her own attorney.

Law-Value-Creation-And-Risk-Management

Ethics-And-Law

Sources of Law Courts and Dispute Resolution

Constitutional Bases For Business Regulation

Agency

Administrative-Law

Contracts

Sales Licensing and-E Commerce

Torts and Privacy Protection

Product-Liability

Intellectual-Property

The Employment Agreement

Civil Rights and Employment Discrimination

Environmental-Law-And-Sustainability

Antitrust

Consumer-Protection

Real Property And Land Use

Forms Of Business Organizations

Directors Officers And Controlling Shareholders

Public And Private Offerings Of Securities

Securities Fraud And Insider Trading

Debtor Creditor Relations And Bankruptcy

International Law And Transactions

Filters