Question 1

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  False

Question 2

Under RICO, a __________ is any of several criminal offenses such as murder, kidnapping, arson, extortion, and drug dealing.

Accepted Answer

A)  predicate act 
B)  liable act 
C)  white-collar crime 
D)  mala in se act 
A)  predicate act 
B)  liable act 
C)  white-collar crime 
D)  mala in se act A

Question 3

Which of the following is found in the Fifth Amendment to the U.S. Constitution?

Accepted Answer

A)  A privilege against self-incrimination. 
B)  A requirement of probable cause. 
C)  A prohibition against cruel and unusual punishment. 
D)  The right to an attorney. 
A)  A privilege against self-incrimination. 
B)  A requirement of probable cause. 
C)  A prohibition against cruel and unusual punishment. 
D)  The right to an attorney. A

Question 4

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

Accepted Answer

A) True 
 B)False

Question 5

Brittany offered a police detective $2,000 to ignore underage drinking in her nightclub, but he refused. Brittany can be found guilty of bribery even though the detective refused her offer.

Accepted Answer

A) True 
 B)False

Question 6

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 7

Paul, a police officer, is working as an undercover drug agent. He enrolls in classes at the local university where he meets several students in business administration and invites them to come to his house for a party. No mention is made of any drugs, but he does say he will have a keg of beer. Shortly after his guests arrive, he gets out some marijuana and offers it to the group. All of them refuse except for Sam, who has never tried it before. When Paul encourages Sam to try it and Sam lights up the joint, Paul arrests Sam for possession of a controlled substance. In this case, Sam:

Accepted Answer

A)  is clearly guilty as charged. 
B)  can raise the defense of entrapment and argue that Paul has enticed him to commit a crime he would not have done otherwise. 
C)  can use the defense of duress. 
D)  can use the Fourth Amendment to exclude the marijuana as evidence that has been illegally seized. 
A)  is clearly guilty as charged. 
B)  can raise the defense of entrapment and argue that Paul has enticed him to commit a crime he would not have done otherwise. 
C)  can use the defense of duress. 
D)  can use the Fourth Amendment to exclude the marijuana as evidence that has been illegally seized.

Question 8

Rhonda is arrested for a misdemeanor that carries a possible five-month prison sentence. She is entitled to a jury trial.

Accepted Answer

A) True 
 B)False

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

Which of the following is correct with respect to a grand jury?

Accepted Answer

A)  The grand jury decides the ultimate guilt or innocence of the defendant. 
B)  The grand jury hears testimony of the defendant. 
C)  The grand jury issues an indictment if it finds sufficient evidence to justify a trial on the charges alleged. 
D)  The grand jury serves for one case for its entirety. 
A)  The grand jury decides the ultimate guilt or innocence of the defendant. 
B)  The grand jury hears testimony of the defendant. 
C)  The grand jury issues an indictment if it finds sufficient evidence to justify a trial on the charges alleged. 
D)  The grand jury serves for one case for its entirety.

Question 11

The 2010 amendments to the Federal Organizational Corporate Sentencing Guidelines restricted the availability of reduced sentencing for corporations having effective compliance and ethics programs and meeting additional requirements.

Accepted Answer

A) True 
 B)False

Question 12

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 13

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 14

The Sixth Amendment protects persons against self-incrimination, double jeopardy, and being charged with a capital offense except by grand jury indictment.

Accepted Answer

A) True 
 B)False

Question 15

Civil law is a part of public law, whereas criminal law is a part of private law.

Accepted Answer

A) True 
 B)False

Question 16

RICO provides for criminal penalties, but contains no provision for civil penalties.

Accepted Answer

A) True 
 B)False

Question 17

There are no federal common law crimes.

Accepted Answer

A) True 
 B)False

Question 18

Under what circumstances has it been held that a search warrant is not necessary?

Accepted Answer

A warrant is not necessary where: 
(a) t

Question 19

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

Accepted Answer

A) True 
 B)False

Question 20

A "bench trial" is one in which a jury renders the verdict.

Accepted Answer

A) True 
 B)False

Exam 6: Criminal Law

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

Under RICO, a __________ is any of several criminal offenses such as murder, kidnapping, arson, extortion, and drug dealing.

Which of the following is found in the Fifth Amendment to the U.S. Constitution?

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

Brittany offered a police detective $2,000 to ignore underage drinking in her nightclub, but he refused. Brittany can be found guilty of bribery even though the detective refused her offer.

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.

Rhonda is arrested for a misdemeanor that carries a possible five-month prison sentence. She is entitled to a jury trial.

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:

Which of the following is correct with respect to a grand jury?

The 2010 amendments to the Federal Organizational Corporate Sentencing Guidelines restricted the availability of reduced sentencing for corporations having effective compliance and ethics programs and meeting additional requirements.

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

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

The Sixth Amendment protects persons against self-incrimination, double jeopardy, and being charged with a capital offense except by grand jury indictment.

Civil law is a part of public law, whereas criminal law is a part of private law.

RICO provides for criminal penalties, but contains no provision for civil penalties.

There are no federal common law crimes.

Under what circumstances has it been held that a search warrant is not necessary?

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

A "bench trial" is one in which a jury renders the verdict.

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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