Question 1

Which of the following is embezzlement?

Accepted Answer

A)  a self-serve gasoline customer drives away without paying for the gas 
B)  the cashier at a grocery store takes money from his own cash register 
C)  a receptionist who works in a bank lobby distracts a teller and takes money from the teller without the teller's knowledge 
D)  a roofing contractor takes a lawnmower from a homeowner while doing a job for the homeowner 
E)  an electrician working in a client's home takes $100 from the homeowner's desk drawer

Question 2

Many states hold an accomplice liable under the felony murder rule,even if the accomplice was not directly involved in the death of the victim and did not specifically intend for the victim to die in the commission of a crime.

Accepted Answer

A) True 
 B)False

Question 3

The First Amendment to the U.S.Constitution protects persons and corporations from overzealous investigative activities by the government.

Accepted Answer

A) True 
 B)False

Question 4

Signing another person's signature without intent to defraud is defined as involuntary forgery,and is punishable as a misdemeanor in most states.

Accepted Answer

A) True 
 B)False

Question 5

Holding someone for trial on a misdemeanor is usually based on the issuance of an information statement rather than an indictment.

Accepted Answer

A) True 
 B)False

Question 6

Burglary,at common law,required:

Accepted Answer

A)  breaking and entering 
B)  intent to commit a felony 
C)  intent to commit any larceny or robbery 
D)  breaking and entering, and intent to commit a felony 
E)  breaking and entering, and intent to commit any larceny or robbery

Question 7

Which of the following is not a privilege recognized under the Fifth Amendment?

Accepted Answer

A)  psychiatrist/psychologist-patient privilege 
B)  parent-child privilege 
C)  spouse-spouse privilege 
D)  teacher-student privilege 
E)  priest/rabbi/minister/imam-penitent privilege

Question 8

Search warrants are not required for searches of business premises for businesses in certain heavily-regulated industries.

Accepted Answer

A) True 
 B)False

Question 9

In a criminal case,the burden of proof that the defendant is guilty is on the government.

Accepted Answer

A) True 
 B)False

Question 10

At common law,________ is defined as the taking of personal property from another person or business by the use of fear or force.

Accepted Answer

A)  larceny 
B)  burglary 
C)  robbery 
D)  assault 
E)  battery

Question 11

Which of the following is true about a hung jury in a criminal case?

Accepted Answer

A)  Because it means that the jury did not find guilt beyond a reasonable doubt, it has the same result as if the jury had issued a verdict of not guilty. 
B)  It will automatically result in a new trial conducted before the same judge. 
C)  It will automatically result in a new trial, although it might be conducted before a different judge. 
D)  It will allow another trial of the defendant to be held, which the state might or might not choose to actually prosecute. 
E)  The case is decided on majority verdict.

Question 12

Felony murder requires proof that the defendant intended to kill someone during the commission of a felony.

Accepted Answer

A) True 
 B)False

Question 13

Barry is the computer systems director for a medium-sized consulting firm.One night Barry is at happy hour at a local bar talking about his job with some people he has just met.Barry mentions that he needs to buy computers for the three new persons the firm has recently hired.One of the persons he has just met,Tom,asks Barry what kind of computers he plans to purchase.Barry says,"I'm not sure.I'm still checking out what's available." Tom says,"Well,I can get you anything you want for much less than the stores." A week later Barry calls Tom and says he is interested in the Cyber-mega 4000 model,and would order three if the price was right.Tom quotes a price,which is about half the normal price.Three days later Tom comes to Barry's office with the three computers.Barry is curious why only one is in a box and Tom replies,"Oh,I thought you wouldn't want the trash in your office.I also already sent in the warranty cards for you to save you the trouble." Later it is learned that the computers were stolen a few days before Tom took them to Barry.Is Barry or the consulting firm guilty of receiving stolen property?

Accepted Answer

The answer of Barry is the computer systems director for...

Question 14

Police can give tickets or citations for misdemeanors they witness but may only affect a warrantless arrest for felonies committed in their presence.

Accepted Answer

A) True 
 B)False

Question 15

The Sixth Amendment provides defendants a right to a speedy trial

Accepted Answer

A) True 
 B)False

Question 16

Evidence of a serious crime,such as murder,is usually presented to a summary jury.

Accepted Answer

A) True 
 B)False

Question 17

The two general elements required in order to prove guilt in an intent crime are:

Accepted Answer

A)  criminal act and damages. 
B)  criminal act and criminal intent. 
C)  criminal act and at least one impartial witness. 
D)  criminal act and resultant harm. 
E)  criminal act and physical injury.

Question 18

A distinguishing characteristic of embezzlement is that the wrongdoer initially had proper custody or access to the property that was embezzled.

Accepted Answer

A) True 
 B)False

Question 19

Stella is a volunteer at her church during bingo night.At the end of the night,it is her responsibility to take the evenings profits and drop them in the night deposit box at the local bank.She is given the leather and canvas case filled with money and she leaves for the bank.On the way there,she decides to keep the money and drives to another state.What crime has she committed?

Accepted Answer

A)  extortion 
B)  burglary 
C)  embezzlement 
D)  robbery 
E)  larceny

Question 20

Your neighbor Brittany is a corporate attorney for a company that competes with your business.One night you say to her,"I just molested someone,could you recommend a good criminal lawyer if I get caught." The next day you're arrested.Brittany may not be called to testify that you admitted to the crime based on attorney-client privilege.

Accepted Answer

A) True 
 B)False

Exam 6: Criminal Law and Cyber Crimes

Which of the following is embezzlement?

Many states hold an accomplice liable under the felony murder rule,even if the accomplice was not directly involved in the death of the victim and did not specifically intend for the victim to die in the commission of a crime.

The First Amendment to the U.S.Constitution protects persons and corporations from overzealous investigative activities by the government.

Signing another person's signature without intent to defraud is defined as involuntary forgery,and is punishable as a misdemeanor in most states.

Holding someone for trial on a misdemeanor is usually based on the issuance of an information statement rather than an indictment.

Burglary,at common law,required:

Which of the following is not a privilege recognized under the Fifth Amendment?

Search warrants are not required for searches of business premises for businesses in certain heavily-regulated industries.

In a criminal case,the burden of proof that the defendant is guilty is on the government.

At common law,________ is defined as the taking of personal property from another person or business by the use of fear or force.

Which of the following is true about a hung jury in a criminal case?

Felony murder requires proof that the defendant intended to kill someone during the commission of a felony.

Police can give tickets or citations for misdemeanors they witness but may only affect a warrantless arrest for felonies committed in their presence.

The Sixth Amendment provides defendants a right to a speedy trial

Evidence of a serious crime,such as murder,is usually presented to a summary jury.

The two general elements required in order to prove guilt in an intent crime are:

A distinguishing characteristic of embezzlement is that the wrongdoer initially had proper custody or access to the property that was embezzled.