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

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  True

Question 3

Anita tells Bob that unless Bob pays her $5,000, she will tell his customers that he was once arrested for shoplifting as a teenager. The fact that Bob shoplifted as a teenager is true.

Accepted Answer

A)  In most jurisdictions Anita has committed the crime of extortion. 
B)  Anita has committed the crime of defamation. 
C)  Anita has committed the crime of bribery. 
D)  In all jurisdictions in the United States, Anita would have to have received the money from Bob to be charged with a crime. 
A)  In most jurisdictions Anita has committed the crime of extortion. 
B)  Anita has committed the crime of defamation. 
C)  Anita has committed the crime of bribery. 
D)  In all jurisdictions in the United States, Anita would have to have received the money from Bob to be charged with a crime. A

Question 4

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 5

The term mala prohibita refers to the bad act element of a crime.

Accepted Answer

A) True 
 B)False

Question 6

The Fifth Amendment would protect a defendant from having to give blood samples to the prosecution since it would be a form of self-incrimination as interpreted by the courts.

Accepted Answer

A) True 
 B)False

Question 7

A "bench trial" is one in which the decision is made without a jury.

Accepted Answer

A) True 
 B)False

Question 8

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 9

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

Question 10

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 11

Carelessness or negligence is a form of subjective fault.

Accepted Answer

A) True 
 B)False

Question 12

In general, a crime consists of two elements: (1) the wrongful or overt act and (2) the criminal or mental intent. Discuss the following concepts of criminal law and how and why the general elements of criminal action are altered, extended, or eliminated. In addition, give examples corresponding to each concept of the type of conduct that could be a criminal act. 
a. Objective fault 
b. Vicarious liability 
c. Corporate liability

Accepted Answer

a. The mental intent required for a crim

Question 13

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 14

Some states still recognize common law crimes.

Accepted Answer

A) True 
 B)False

Question 15

Under many modern statutes, what three elements must be met for a charge of burglary?

Accepted Answer

Many modern statutes identify

Question 16

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 17

What happens if the police illegally seize evidence in violation of the Fourth Amendment?

Accepted Answer

A)  The evidence will be excluded from use at trial. 
B)  The defendant's arrest is nullified. 
C)  The defendant is entitled to another trial. 
D)  The defendant will be paid for the expenses of his defense. 
A)  The evidence will be excluded from use at trial. 
B)  The defendant's arrest is nullified. 
C)  The defendant is entitled to another trial. 
D)  The defendant will be paid for the expenses of his defense.

Question 18

The Fifth Amendment protects a defendant from double jeopardy.

Accepted Answer

A) True 
 B)False

Question 19

The criminal intent necessary to commit a crime is known as:

Accepted Answer

A)  actus reus . 
B)  mens rea . 
C)  the M'Naghten test. 
D)  malice aforethought. 
A)  actus reus . 
B)  mens rea . 
C)  the M'Naghten test. 
D)  malice aforethought.

Question 20

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.

Exam 6: Criminal Law

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

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.

Anita tells Bob that unless Bob pays her $5,000, she will tell his customers that he was once arrested for shoplifting as a teenager. The fact that Bob shoplifted as a teenager is true.

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 term mala prohibita refers to the bad act element of a crime.

The Fifth Amendment would protect a defendant from having to give blood samples to the prosecution since it would be a form of self-incrimination as interpreted by the courts.

A "bench trial" is one in which the decision is made without a jury.

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

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

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.

Carelessness or negligence is a form of subjective fault.

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

Some states still recognize common law crimes.

Under many modern statutes, what three elements must be met for a charge of burglary?

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.

What happens if the police illegally seize evidence in violation of the Fourth Amendment?

The Fifth Amendment protects a defendant from double jeopardy.

The criminal intent necessary to commit a crime is known as:

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:

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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