Question 1

Embezzlement can be committed only by physically taking property from the possession of another.

Accepted Answer

A) True 
 B)False  False

Question 2

The crime of bribery occurs when the bribe is offered even if it is not accepted.

Accepted Answer

A) True 
 B)False  True

Question 3

Susan is the president of United Food Corporation,a wholesale grocery company.An inspection by Tim,a government agent,uncovers unsanitary conditions caused by Val,a United employee,in the United warehouse.Will,a United vice president,assures Tim that the situation will be corrected,but nothing is done,which a later inspection reveals.Susan knows nothing about any of this.Can United be convicted of a crime in these circumstances? Can Susan be held personally liable?

Accepted Answer

The answer to both questions is yes.A corporation may be held liable for the crime of its employee if (1)the criminal act is within the scope of the employment and the purpose of the statute defining the act as a crime is to impose liability on the corporation,(2)the crime consists of a failure to perform a specific duty imposed on corporations by law,and (3)the crime was authorized by one of the corporation's "high managerial agents." Here,all of these elements exist.The unsanitary conditions in the warehouse are within the employee's scope of employment,the crime consists of a failure to keep the warehouse clean,and the crime was authorized by a company vice president.As for the president's personal liability,if she has the authority and the responsibility to deal with the situation,she can be held personally liable.A corporate officer must have the authority and the responsibility to deal with the situation.Personally liability is imposed in such circumstances,not because the corporate officer knew about the crime or intended it,but because the officer is in a "responsible relationship" to the corporation and has the power to prevent the crime.Under this "responsible corporate officer" doctrine,a corporate officer can be held liable for an employee's violations of the law.This liability may be imposed regardless of whether the officer participated in,directed,or knew about the violation.

Question 4

Vladimir is a "payday" lender charged with filing false claims in bankruptcy proceedings against his customer-debtors.The standard of proof to find a defendant who has been charged with a crime guilty is

Accepted Answer

A)  a preponderance of the evidence. 
B)  beyond all doubt. 
C)  beyond a reasonable doubt. 
D)  clear and convincing evidence. 
A)  a preponderance of the evidence. 
B)  beyond all doubt. 
C)  beyond a reasonable doubt. 
D)  clear and convincing evidence.

Question 5

The police arrest Lou,who confesses to a crime.Later,Lou refutes the confession and demands a trial,at which witnesses testify they saw him commit the crime.Lou is convicted and sentenced.The U.S.Constitution provides safeguards against all of the following except

Accepted Answer

A)  deprivations of life or liberty without due process of law. 
B)  not being allowed to question witnesses. 
C)  punishment. 
D)  self-incrimination. 
A)  deprivations of life or liberty without due process of law. 
B)  not being allowed to question witnesses. 
C)  punishment. 
D)  self-incrimination.

Question 6

The crime of theft requires the taking of property,without regard to whether the perpetrator knew it belonged to another.

Accepted Answer

A) True 
 B)False

Question 7

Ira signs Jill's name,without her authorization,on the back of a check made out to her.This is

Accepted Answer

A)  burglary. 
B)  forgery. 
C)  larceny. 
D)  no crime. 
A)  burglary. 
B)  forgery. 
C)  larceny. 
D)  no crime.

Question 8

Mae is granted immunity after she agrees to testify about a crime.Mae has an absolute privilege against self-incrimination and

Accepted Answer

A)  can be prosecuted only for a crime about which she agreed to testify. 
B)  cannot be prosecuted for any crime. 
C)  cannot refuse to testify on Fifth Amendment grounds. 
D)  can refuse to testify on Fifth Amendment grounds. 
A)  can be prosecuted only for a crime about which she agreed to testify. 
B)  cannot be prosecuted for any crime. 
C)  cannot refuse to testify on Fifth Amendment grounds. 
D)  can refuse to testify on Fifth Amendment grounds.

Question 9

A federal judge must adhere strictly to federal sentencing guidelines.

Accepted Answer

A) True 
 B)False

Question 10

Herb,a computer programmer for Inventory Control Corporation,is arrested in his employer's parking lot on suspicion of larceny.Herb must be informed of his right to

Accepted Answer

A)  a trial by jury. 
B)  punishment. 
C)  question witnesses. 
D)  remain silent. 
A)  a trial by jury. 
B)  punishment. 
C)  question witnesses. 
D)  remain silent.

Question 11

Leah gains access to government records and alters certain dates and amounts in her favor.This is

Accepted Answer

A)  embezzlement. 
B)  forgery. 
C)  larceny. 
D)  no crime. 
A)  embezzlement. 
B)  forgery. 
C)  larceny. 
D)  no crime.

Question 12

Britney,an employee of Computer Associates,is arrested at work.A grand jury issues a formal charge against Britney for larceny.This charge is

Accepted Answer

A)  an arraignment. 
B)  an indictment. 
C)  an information. 
D)  an inquisition. 
A)  an arraignment. 
B)  an indictment. 
C)  an information. 
D)  an inquisition.

Question 13

Evan is charged with a crime.Almost all federal courts and some state courts would not hold Evan liable if,at the time of the offense,as a result of a mental disease or defect,Evan lacked substantial capacity to

Accepted Answer

A)  appreciate the wrongfulness of his conduct only. 
B)  appreciate the wrongfulness of his conduct and obey the law. 
C)  appreciate the wrongfulness of his conduct or obey the law. 
D)  obey the law only. 
A)  appreciate the wrongfulness of his conduct only. 
B)  appreciate the wrongfulness of his conduct and obey the law. 
C)  appreciate the wrongfulness of his conduct or obey the law. 
D)  obey the law only.

Question 14

Thinking about killing someone constitutes the crime of attempted murder.

Accepted Answer

A) True 
 B)False

Question 15

Under the exclusionary rule,all illegally obtained evidence must be included in any criminal prosecution.

Accepted Answer

A) True 
 B)False

Question 16

A defendant may be relieved of liability by showing that a criminal act was necessary to prevent an even greater harm.

Accepted Answer

A) True 
 B)False

Question 17

Alan,the president of Bayside Investments,Inc.,and Colin,Bayside's accountant,are charged with a crime,after the police search Bayside's offices.Under the exclusionary rule

Accepted Answer

A)  certain Bayside records are excluded from subpoena. 
B)  certain parties to a criminal action may be excluded from a trial. 
C)  illegally obtained evidence must be excluded from a trial. 
D)  persons who have biases that would prevent them from fairly deciding the case may be excluded from the jury. 
A)  certain Bayside records are excluded from subpoena. 
B)  certain parties to a criminal action may be excluded from a trial. 
C)  illegally obtained evidence must be excluded from a trial. 
D)  persons who have biases that would prevent them from fairly deciding the case may be excluded from the jury.

Question 18

Yvon is charged with the crime of theft for taking Zach's briefcase,which Yvon mistakenly thought was hers.A mistake of fact is a defense

Accepted Answer

A)  if the fact was not reasonably made known to the public. 
B)  if the mistake negates the mental state necessary to commit a crime. 
C)  if the perpetrator was intoxicated. 
D)  under any circumstances. 
A)  if the fact was not reasonably made known to the public. 
B)  if the mistake negates the mental state necessary to commit a crime. 
C)  if the perpetrator was intoxicated. 
D)  under any circumstances.

Question 19

Money laundering includes making "dirty" money "clean" of legitimate businesses.

Accepted Answer

A) True 
 B)False

Question 20

Roy owns Roy's Cafe.A fire destroys the cafe,and Roy is arrested on suspicion of setting it to collect the insurance.At the time of the arrest,Roy is not informed of his rights.Any statement Roy makes will be admissible

Accepted Answer

A)  in all circumstances. 
B)  in some circumstances. 
C)  in no circumstances. 
D)  regardless of the circumstances. 
A)  in all circumstances. 
B)  in some circumstances. 
C)  in no circumstances. 
D)  regardless of the circumstances.

Exam 6: Criminal Law

Embezzlement can be committed only by physically taking property from the possession of another.

The crime of bribery occurs when the bribe is offered even if it is not accepted.

Vladimir is a "payday" lender charged with filing false claims in bankruptcy proceedings against his customer-debtors.The standard of proof to find a defendant who has been charged with a crime guilty is

The police arrest Lou,who confesses to a crime.Later,Lou refutes the confession and demands a trial,at which witnesses testify they saw him commit the crime.Lou is convicted and sentenced.The U.S.Constitution provides safeguards against all of the following except

The crime of theft requires the taking of property,without regard to whether the perpetrator knew it belonged to another.

Ira signs Jill's name,without her authorization,on the back of a check made out to her.This is

Mae is granted immunity after she agrees to testify about a crime.Mae has an absolute privilege against self-incrimination and

A federal judge must adhere strictly to federal sentencing guidelines.

Herb,a computer programmer for Inventory Control Corporation,is arrested in his employer's parking lot on suspicion of larceny.Herb must be informed of his right to

Leah gains access to government records and alters certain dates and amounts in her favor.This is

Britney,an employee of Computer Associates,is arrested at work.A grand jury issues a formal charge against Britney for larceny.This charge is

Evan is charged with a crime.Almost all federal courts and some state courts would not hold Evan liable if,at the time of the offense,as a result of a mental disease or defect,Evan lacked substantial capacity to

Thinking about killing someone constitutes the crime of attempted murder.

Under the exclusionary rule,all illegally obtained evidence must be included in any criminal prosecution.

A defendant may be relieved of liability by showing that a criminal act was necessary to prevent an even greater harm.

Alan,the president of Bayside Investments,Inc.,and Colin,Bayside's accountant,are charged with a crime,after the police search Bayside's offices.Under the exclusionary rule

Yvon is charged with the crime of theft for taking Zach's briefcase,which Yvon mistakenly thought was hers.A mistake of fact is a defense

Money laundering includes making "dirty" money "clean" of legitimate businesses.

Roy owns Roy's Cafe.A fire destroys the cafe,and Roy is arrested on suspicion of setting it to collect the insurance.At the time of the arrest,Roy is not informed of his rights.Any statement Roy makes will be admissible

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