Deck 6: Criminal Law and Business

Question 1

If a defendant enters a nolo contendere plea,he or she does not admit guilt but agrees to the charges.

Answer 1

True
Explanation: If a defendant enters a nolo contendere plea,he or she does not admit guilt but agrees to the charges.The advantage of a nolo contendere plea over a guilty plea is that the former cannot be used against the defendant in a civil suit.

Question 2

White-collar crimes are nonviolent acts against society that occur most frequently in the non-business content.

Answer 2

False
Explanation: White collar crimes are nonviolent acts against society which occur most frequently in the business content.Mail fraud,bribery,embezzlement,and computer crimes are examples of offenses typically classified as white-collar crimes.

Question 3

A corporate executive cannot be held criminally liable if he or she did not know about the company's criminal violation.

Answer 3

False
Explanation: Under the "responsible corporate officer" doctrine,a court may assess criminal liability on a corporate executive or officer even if he or she did not engage in,direct,or know about a specific criminal violation.Corporate executives sometimes have the responsibility and power to ensure the company's compliance with the law.If the executive fails to meet this responsibility,the executive can be held criminally liable.

Question 4

For a corporation to be held criminally liable for the acts of an employee,the prosecutor must show that the employee was acting within the scope of her or his employment; however,the prosecutor need not demonstrate that the employee was acting with the purpose of benefiting the corporation.

Question 5

Extortion is the offering,giving,soliciting,or receiving of money or any object of value for the purpose of influencing the judgment or conduct of a person in a position of trust.

Question 6

An individual (i.e.,a private party)cannot file a criminal law suit.

Question 7

The Foreign Corrupt Practices Act (FCPA)prohibits payments to foreign officials to influence an official act or decision corruptly or to influence a foreign government.

Question 8

Before 1991,criminal sentencing was determinate; however,since 1991,there has been a discernable trend toward indeterminate sentencing.

Question 9

In strict liability crimes,mens rea is required.

Question 10

Racketeering has been defined broadly to include almost all criminal actions.

Question 11

Fraud generally requires scienter.

Question 12

The burden of proof in a civil case is much higher than the burden of proof in a criminal case.

Question 13

In China,officials found guilty of extortion and accepting bribes are subject to life imprisonment or even the possibility of being put to death.

Question 14

Under the common law,a corporation could be found guilty of a crime due to the existence of mens rea.

Question 15

Because they are non-violent offenses,white-collar crimes are not punishable by imprisonment.

Question 16

Embezzlement usually occurs when an employee steals money.

Question 17

If you sign your mother's name to a check made out to her,you may have committed forgery.

Question 18

After being arrested and read their Miranda rights,defendants are taken to the police station for arraignment,a procedure during which the name of the defendant and the alleged crime are recorded in the investigating agency's or police department's records.

Question 19

The purpose of criminal law is to punish an offender for causing harm to public health,safety,or morals.

Question 20

Grand juries determine guilt.

Question 21

Sam,a new police officer,was criticized by his supervisor for failing to make a sufficient number of arrests.Sam went into a section of town known for criminal activity,picked up several suspicious-looking individuals,read them their Miranda rights,and arrested them hoping that they would confess to something.Alice,one of the detainees,was scared; hoping to cut a deal,she immediately confessed to burglarizing a local pawnshop.Which of the following is Alice's best defense at trial?

A)That the officer failed to have probable cause to arrest her.
B)That the officer violated her First Amendment rights.
C)That the officer failed to obtain a form signed by Alice verifying that she understood her Miranda rights as read.
D)That the officer failed to have articulable suspicion to arrest her.
E)That a confession prior to an initial appearance is invalid.

Question 22

Which of the following is an investment swindle in which high profits are promised from fictitious sources and early investors are paid off with funds raised from later investors?

A)Defalcation
B)Check kiting
C)False pretense
D)A Ponzi scheme
E)Pretexting

Question 23

Extortion is also known as:

A)Bribery.
B)Criminal fraud.
C)Blackmail.
D)False pretense.
E)Defalcation.

Question 24

A violation of a building code is an example of which of the following offenses?

A)A malum in se crime
B)A felony
C)A petty offense
D)An ex post facto crime
E)Any business-related crime

Question 25

Which of the following serves to combat bribery of foreign officials?

A)The Foreign Official Bribery Act
B)The International Bribery Prohibition Act
C)The Fair Business Act
D)The International Fair Business Practices Act
E)The Foreign Corrupt Practices Act

Question 26

What type of securities fraud occurs when an employee falsifies documents to make it appear as though the company had granted options on certain dates,but the dates are selected after the fact by looking backward for dates on which the stock price was low,thereby falsely inflating the profits of the company?

A)Insider trading
B)Pretexting
C)Defalcation
D)Stock-option backdating
E)A Ponzi scheme

Question 27

Which of the following is punishable by imprisonment for more than one year or death?

A)A misdemeanor
B)A felony
C)Petty offenses
D)Tort offenses
E)Any business-related crime

Question 28

Ben,a bank teller,receives $1,000 from a customer for deposit into the customer's bank account.Instead of placing the money into the customer's account,Ben keeps the money for himself.Which of the following offenses has Ben committed?

A)Forgery
B)Larceny
C)Grand larceny
D)Embezzlement
E)False pretense

Question 29

Ed goes door-to-door selling magazine subscriptions.Ed knows,however,that he is simply taking money for subscriptions and has absolutely no intention of ever arranging for the provision of magazines.Which of the following offenses,if any,has he committed?

A)Defalcation
B)False entry
C)False token
D)False pretense
E)A Ponzi scheme

Question 30

Which of the following is a false document or sign of existence used to perpetrate fraud,such as making counterfeit money?

A)False entries
B)False token
C)False pretense
D)A Ponzi scheme
E)Check kiting

Question 31

Which of the following are less serious crimes punishable by fines or imprisonment of less than one year?

A)A misdemeanor
B)A felony
C)Petty offenses
D)Tort offenses
E)Any business-related crime

Question 32

Strict liability is:

A)Civil,but not criminal,wrongdoing.
B)Punishment imposed by a court that is more severe than the punishment imposed by state-structured sentencing guidelines.
C)Liability without fault.
D)Punishment imposed by a court that is more severe than the punishment imposed by federal-structured guidelines.
E)Liability based on proof beyond a reasonable doubt.

Question 33

Which of the following is the making of an entry into the books of a bank or corporation that is designed to represent the existence of funds that do not exist?

A)False entries
B)Defalcation
C)False pretense
D)A Ponzi scheme
E)Check kiting

Question 34

Which of the following is the misappropriation of trust funds or money held in a fiduciary capacity?

A)False entries
B)Defalcation
C)False pretense
D)A Ponzi scheme
E)Pretexting

Question 35

Which of the following is using fraudulent means to obtain information about someone's phone use?

A)Pretexting
B)Ponzi scheme
C)False pretense
D)False token
E)Defalcation

Question 36

The burden of proof in a criminal case is:

A)A preponderance of the evidence.
B)Actus reus.
C)Mens rea.
D)Criminal recklessness or negligence.
E)Proof beyond a reasonable doubt.

Question 37

Actus reus is Latin for:

A)Executive order.
B)Wrongful state of mind.
C)Liability without fault.
D)Beyond a reasonable doubt.
E)Wrongful behavior.

Question 38

If a business were to sell cigarettes or alcohol to a minor,this would be an example of:

A)Criminal recklessness.
B)Criminal negligence.
C)Strict liability.
D)Proof by the greater weight of the evidence.
E)Proof by a preponderance of the evidence.

Question 39

Mens rea means:

A)Wrongful state of mind.
B)Negligence.
C)Actus reus.
D)Strict liability.
E)Liability without fault.

Question 40

Which of the following is an incorrect statement regarding computer crimes?

A)The term "computer crime" includes a wrongful act directed against a computer.
B)The term "computer crime" includes a wrongful act that involves a computer.
C)Computer crime is a new way of committing traditional crimes.
D)Electronic fraud is the only costly computer crime.
E)Online auctions are a common source of fraud in the United States.

Question 41

A plea in which the defendant does not admit guilt but agrees not to contest the charges is known as ________.

A)summary judgment
B)the arraignment
C)a nolo contendere plea
D)sine qua non​
E)a voluntary dismissal without prejudice

Question 42

Under the Sarbanes-Oxley Act of 2002,it is a felony for an auditor to willfully fail to maintain proper records of audits and work papers for at least ________ years.

A)two
B)three
C)four
D)five
E)ten

Question 43

For a corporation to be held criminally liable for the acts of an employee,the prosecutor does not have to prove that:

A)The employee was acting within the scope of his or her employment.
B)The employee was acting with the purpose of benefiting the corporation.
C)The act was imputed to the corporation.
D)The act is punishable by something other than a prison sentence.
E)The employee personally received a benefit from the criminal act.

Question 44

Which of the following is an incorrect statement regarding the Computer Fraud and Abuse Act?

A)The law prohibits the fraudulent transfer of computer passwords that could aid unauthorized access that affects interstate commerce.
B)The law prohibits modification of computer data impeding medical treatment to individuals.
C)The law prohibits unauthorized use of a computer to collect financial information protected under federal privacy law.
D)The law prohibits alteration of data in financial computers causing a loss of $100 or more.
E)The law prohibits use of a computer to obtain classified foreign policy information with the intent to harm the United States

Question 45

Which of the following was created specifically to curb white-collar crime?

A)The Racketeer Influenced and Corruption Organizations Act.
B)The False Claims Act.
C)The Sarbanes-Oxley Act of 2002.
D)The White-Collar Enforcement Act.
E)None of these.

Question 46

A ________ is a hacker whose intention is the exploitation of a target computer or network to create a serious impact,such as the crippling of a communications network.

A)computer offender
B)data obstructer
C)control obstructer
D)cyber terrorist
E)network thief

Question 47

Which of the following is true regarding the Fourteenth Amendment to the United States Constitution?

A)It is part of the Bill of Rights.
B)Its safeguards apply only at the federal level.
C)It extends most constitutional rights to defendants at the state level.
D)It is a part of the Bill of Rights,its protections apply at the federal level,and its protections also apply at the state level.
E)It is not a part of the Bill of Rights,and its protections apply only at the federal level.

Question 48

If the defendant pleads not guilty,his case will be heard by ________.

A)a jury that decides the case based exclusively on the application of equitable principles
B)a three-person panel of judges
C)a petit jury
D)the United States Supreme Court
E)a neutral third party who will decide the case based on the principles of binding arbitration.

Question 49

Carla learns that her employer,a healthcare facility,is committing fraud against the government by filing false Medicare claims.Under which of the following laws might she personally receive a portion of any recovery obtained by the government?

A)The Racketeer Influenced and Corrupt Organizations Act.
B)The False Claims Act.
C)The Sarbanes-Oxley Act of 2002.
D)The Medicare Recovery Act.
E)The Healthcare Fraud Act.

Question 50

The Miranda rights provide that a law enforcement officer must inform an arrested individual of which of the following before the officer questions the individual?

A)That the individual must answer all of the officer's questions or there will be a presumption of guilt at trial.
B)That statements made to a law enforcement officer before arraignment may not be used against him in court.
C)That the individual has the right to consult with an attorney before speaking to the officer.
D)That the individual will not have the assistance of legal counsel unless he or she can afford to pay for the services of an attorney.
E)That the right to legal counsel does not begin until after the defendant is arraigned.

Question 51

Courts have defined a pattern of racketeering under the Racketeer Influenced and Corrupt Organizations (RICO)Act as more than ________ action(s).

A)one
B)two
C)three
D)four
E)twelve

Question 52

Which of the following was passed largely in response to business scandals of the 2000s,such as Enron?

A)The Racketeer Influenced and Corrupt Organizations Act.
B)The False Claims Act.
C)The Sarbanes-Oxley Act of 2002.
D)The Medicare Recovery Act.
E)The Healthcare Fraud Act.

Question 53

A hacker who tries to shut down the New York Stock Exchange will be charged with:

A)Embezzlement.
B)Cyber terrorism.
C)Bribery
D)Fraud.
E)False pretense.

Question 54

Which of the following is a true statement regarding the personal liability of corporate executives for a business crime?

A)Corporate executives may never be held personally liable for a business crime.
B)Corporate executives may only be held personally liable for a business crime if they benefited personally from their actions in executing the business crime.
C)Corporate executives may be found personally liable for a business crime regardless of whether the business crime was committed for personal benefit or for the benefit of the corporation.
D)A court may not assess criminal liability on a corporate executive unless the executive directly engaged in the specific criminal violation.
E)Criminal liability may not be assessed against a corporate executive unless the executive directly engaged in the criminal activity and also profited personally and directly from the criminal activity.

Question 55

Which amendment to the United States Constitution provides the right to a speedy and public trial?

A)The Second Amendment
B)The Third Amendment
C)The Fourth Amendment
D)The Sixth Amendment
E)The Eighth Amendment

Question 56

A person who illegally accesses or enters another person's or a company's computer system to obtain information or to steal money is known as a(n)________.

A)insider
B)cyber-burglar
C)hacker
D)cyber-trespasser
E)cyber-moonlighter

Question 57

Heidi decided to make extra money by offering to do investments for her friends for a fee.She actually did no investing,but used the funds from new friends to pay off earlier enrollees.This worked well for a while,but her scheme came to light when her supply of new friends came to an end.She is guilty of which of the following practices?

A)Operating a Ponzi scheme
B)Operating a bait and switch scheme
C)Account kiting
D)Pretexting
E)Defalcation

Question 58

Ordinarily,to obtain an arrest warrant,a law enforcement agent must demonstrate that there is ________ that a suspect committed or is planning to commit a crime.

A)proof beyond a reasonable doubt
B)articulable suspicion
C)certainty
D)probable cause
E)reasonable suspicion

Question 59

Which of the following is an incorrect statement regarding the Racketeer Influenced and Corrupt Organizations (RICO)Act?

A)It has been a relatively inconsequential tool for addressing white-collar crime.
B)It was originally enacted to combat organized crime.
C)In effect,it prevents legitimate businesses from serving as covers for racketeering.
D)It prohibits persons employed by or associated with an enterprise from engaging in a pattern of racketeering activity.
E)Anyone whose business or property has been damaged by a pattern of racketeering activity can sue to recover treble damages and attorney fees in a civil action.

Question 60

Which of the following occurs when a defendant makes a first appearance?

A)A magistrate determines whether there was proof beyond a reasonable doubt for the arrest.
B)A magistrate determines whether there was probable cause for the arrest.
C)A magistrate determines whether the defendant was properly arraigned.
D)A magistrate determines whether there was reasonable suspicion for the arrest and whether the defendant was properly arraigned.
E)A magistrate determines whether there was probable cause for the arrest and whether the defendant was properly arraigned.

Question 61

Cosmetic Profits.Sally is the executive vice president of Big Name Cosmetics Company.Through important and material,nonpublic information,she learns that the company is soon going to purchase a smaller chain of stores.It is expected that stock in Big Name Cosmetics will rise dramatically at that point.Sally immediately buys a number of shares of her company's stock.She also tells her friend Alice about the expected purchase of stores.Alice wanted to purchase stock in the company but lacked the funds with which to do so.Although she did not have the funds in Bank A,Alice decided to draw a check on Bank A and deposit the check in Bank B and then proceed to write a check on Bank B to cover the purchase of the stock.She hoped that she would have sufficient funds to deposit before the check was presented for payment.Of which of the following,if any,is Sally guilty of by providing information to Alice regarding the purchase?

A)She is guilty of an insider trading violation by tipping the information.
B)She is guilty of an insider trading violation by being tipped.
C)She is guilty of an insider trading violation by both tipping and being tipped.
D)She is guilty of criminal extortion.
E)She is not guilty of any offense.

Question 62

Divorce Fallout.Following a messy divorce,Dr.Fred has encountered significant financial difficulties.Dr.Fred has a friend named Slick Slim who tells Dr.Fred that he has been making lots of money by selling people a wristband that allegedly places pressure on a nerve that signals hunger resulting in a lack of appetite.Slick Slim tells Dr.Fred that,although the device does not really work,people who want to lose weight and look good in their bathing suits will do anything and that it sells like hotcakes.Slick Slim tells Dr.Fred that he will pay Dr.Fred five dollars for every band that Dr.Fred can sell to his patients.Dr.Fred proceeds to mail letters to patients suggesting the use of the band for weight loss.He also uses UPS to mail samples of the band to some patients along with letters encouraging purchase of the bands.Dr.Fred then proceeds to bill Medicare for office consultations he has with patients when they come in to purchase the bands.The scheme is wildly successful.Dr.Fred is able to entirely satisfy his alimony obligations within just a few months.Unfortunately,as patients begin to see that they are not having any weight loss,he has been receiving numerous complaints,and a friend of his told him that he could even be facing some criminal prosecution.Which of the following offenses,if any,did Dr.Fred commit when he used UPS to send correspondence and samples of the bands to patients?

A)False pretenses
B)False entry
C)Defalcation
D)Mail fraud
E)None of these.He is possibly guilty of some state law offense,but mail fraud requires the use of the United States Postal Service.

Question 63

Masked Bandit.Barry,who owned a small convenience store,was robbed when a masked bandit entered his store and demanded his cash while pointing a gun at him.As the bandit ran out of the store,Barry grabbed his own gun and shot the bandit in the leg.When the police arrived,Barry was arrested along with the thief.Barry claimed that no charges should be brought against him because his action in shooting the robber was justified.After the arrest,the officers searched his store and found marijuana.When Barry complained about the arrest and search,the officer in charge told him that because the state police were involved,federal constitutional rights were waived.Barry is trying to obtain legal representation in an attempt to get out of jail,but cannot afford a lawyer because he just spent all his funds buying the illegal drugs for resale that have now been confiscated by the police.Sam,another inmate,asks Barry if the officers explained his rights to him; but Barry only recalls being arrested,hustled into the police cruiser,and whisked off to jail.Which of the following is true regarding the officer's statement that since state police were involved,federal constitutional rights were waived?

A)The officer was correct.
B)The officer was correct only if it is proven that a felony was committed; otherwise,federal constitutional rights applied.
C)The officer was correct only if it is proven that a misdemeanor was committed; otherwise,federal constitutional rights applied.
D)The officer was incorrect,because the Sixth Amendment to the United States Constitution extends most federal constitutional rights to the state level.
E)The officer was incorrect,because the Fourteenth Amendment to the United States Constitution extends most federal constitutional rights to the state level.

Question 64

Cosmetic Profits.Sally is the executive vice president of Big Name Cosmetics Company.Through important and material,nonpublic information,she learns that the company is soon going to purchase a smaller chain of stores.It is expected that stock in Big Name Cosmetics will rise dramatically at that point.Sally immediately buys a number of shares of her company's stock.She also tells her friend Alice about the expected purchase of stores.Alice wanted to purchase stock in the company but lacked the funds with which to do so.Although she did not have the funds in Bank A,Alice decided to draw a check on Bank A and deposit the check in Bank B and then proceed to write a check on Bank B to cover the purchase of the stock.She hoped that she would have sufficient funds to deposit before the check was presented for payment.Of which of the following offenses,if any,is Alice guilty of by buying stock?

A)She is guilty of insider trading because she tipped information.
B)She is guilty of an insider trading violation because she traded on tipped information.
C)She is guilty of extortion.
D)She is guilty of larceny.
E)She is not guilty of any offense.

Question 65

Divorce Fallout.Following a messy divorce,Dr.Fred has encountered significant financial difficulties.Dr.Fred has a friend named Slick Slim who tells Dr.Fred that he has been making lots of money by selling people a wristband that allegedly places pressure on a nerve that signals hunger resulting in a lack of appetite.Slick Slim tells Dr.Fred that,although the device does not really work,people who want to lose weight and look good in their bathing suits will do anything and that it sells like hotcakes.Slick Slim tells Dr.Fred that he will pay Dr.Fred five dollars for every band that Dr.Fred can sell to his patients.Dr.Fred proceeds to mail letters to patients suggesting the use of the band for weight loss.He also uses UPS to mail samples of the band to some patients along with letters encouraging purchase of the bands.Dr.Fred then proceeds to bill Medicare for office consultations he has with patients when they come in to purchase the bands.The scheme is wildly successful.Dr.Fred is able to entirely satisfy his alimony obligations within just a few months.Unfortunately,as patients begin to see that they are not having any weight loss,he has been receiving numerous complaints,and a friend of his told him that he could even be facing some criminal prosecution.By which of the following acts,if any,did Dr.Fred commit health care fraud?

A)Dr.Fred did not commit any acts of health care fraud.
B)By the submission of false claims to Medicare only.
C)By the receipt of kickbacks from Slick Slim only.
D)By the submission of false claims to Medicare and the receipt of kickbacks from Slick Slim.
E)By submitting false claims to Medicare,receiving kickbacks from Slick Slim,and merely discussing the matter with Slick Slim.

Question 66

Define the term "criminal fraud" and discuss the three elements required to prove criminal fraud.

Question 67

List the elements the government must prove in order to establish bribery of a public official under the federal statute criminalizing that offense.

Question 68

What must a prosecutor show in order for a corporation to be held criminally liable for the acts of an employee?

Question 69

Discuss the five ways described in the textbook to punish white-collar criminals,including the advantages and disadvantages of each type of punishment.

Question 70

Divorce Fallout.Following a messy divorce,Dr.Fred has encountered significant financial difficulties.Dr.Fred has a friend named Slick Slim who tells Dr.Fred that he has been making lots of money by selling people a wristband that allegedly places pressure on a nerve that signals hunger resulting in a lack of appetite.Slick Slim tells Dr.Fred that,although the device does not really work,people who want to lose weight and look good in their bathing suits will do anything and that it sells like hotcakes.Slick Slim tells Dr.Fred that he will pay Dr.Fred five dollars for every band that Dr.Fred can sell to his patients.Dr.Fred proceeds to mail letters to patients suggesting the use of the band for weight loss.He also uses UPS to mail samples of the band to some patients along with letters encouraging purchase of the bands.Dr.Fred then proceeds to bill Medicare for office consultations he has with patients when they come in to purchase the bands.The scheme is wildly successful.Dr.Fred is able to entirely satisfy his alimony obligations within just a few months.Unfortunately,as patients begin to see that they are not having any weight loss,he has been receiving numerous complaints,and a friend of his told him that he could even be facing some criminal prosecution.By mailing correspondence to patients encouraging purchase of the band,which of the following offenses,if any,did Dr.Fred commit?

A)He is guilty of false pretenses.
B)He is guilty of false entry.
C)He is guilty of defalcation.
D)He is guilty of mail fraud.
E)He is not guilty of any offense.

Question 71

Cosmetic Profits.Sally is the executive vice president of Big Name Cosmetics Company.Through important and material,nonpublic information,she learns that the company is soon going to purchase a smaller chain of stores.It is expected that stock in Big Name Cosmetics will rise dramatically at that point.Sally immediately buys a number of shares of her company's stock.She also tells her friend Alice about the expected purchase of stores.Alice wanted to purchase stock in the company but lacked the funds with which to do so.Although she did not have the funds in Bank A,Alice decided to draw a check on Bank A and deposit the check in Bank B and then proceed to write a check on Bank B to cover the purchase of the stock.She planned to write a check on Bank B and deposit it with Bank A just before the check was presented to Bank A in an attempt to create an artificial balance.Of what offense,if any,is Alice guilty of by her method of payment?

A)Ponzi scheme
B)Insider-trading scheming
C)Pretexting
D)Check defalcation
E)Check kiting

Question 72

A ________ is a computer program that rearranges,damages,destroys,or replaces computer data.

A)poison pill
B)tracker
C)drone
D)clone
E)virus

Question 73

Masked Bandit.Barry,who owned a small convenience store,was robbed when a masked bandit entered his store and demanded his cash while pointing a gun at him.As the bandit ran out of the store,Barry grabbed his own gun and shot the bandit in the leg.When the police arrived,Barry was arrested along with the thief.Barry claimed that no charges should be brought against him because his action in shooting the robber was justified.The police also searched the convenience store and found evidence of illegal drugs for which Barry was arrested.When Barry complained about the search,the officer in charge told him that because the state police were involved,federal constitutional rights were waived.Barry is trying to obtain legal representation in an attempt to get out of jail,but cannot afford a lawyer because he just spent all his funds buying the illegal drugs for resale that have now been confiscated by the police.Sam,another inmate,asks Barry if the officers explained his rights to him; but Barry only recalls being arrested,hustled into the police cruiser,and whisked off to jail.Which of the following is true regarding Barry's claim that he was engaged in a justifiable use of force?

A)Barry is correct and no charges should be brought against him.
B)Barry is correct only if he can establish that in addition to committing a felony,the bandit was armed with a deadly weapon.
C)Barry is correct only if he can establish that in addition to committing a misdemeanor,the bandit was armed with some type of weapon.
D)Barry is incorrect because he did not sustain bodily harm.
E)Barry is incorrect because he did not use justifiable force.

Question 74

Masked Bandit.Barry,who owned a small convenience store,was robbed when a masked bandit entered his store and demanded his cash while pointing a gun at him.As the bandit ran out of the store,Barry grabbed his own gun and shot the bandit in the leg.When the police arrived,Barry was arrested along with the thief.Barry claimed that no charges should be brought against him because his action in shooting the robber was justified.After the arrest,the officers searched his store and found marijuana.When Barry complained about the arrest and search,the officer in charge told him that because the state police were involved,federal constitutional rights were waived.Barry is trying to obtain legal representation in an attempt to get out of jail,but cannot afford a lawyer because he just spent all his funds buying the illegal drugs for resale that have now been confiscated by the police.Sam,another inmate,asks Barry if the officers explained his rights to him; but Barry only recalls being arrested,hustled into the police cruiser,and whisked off to jail.Which of the following is Barry's best defense,if any,regarding the arrest and search?

A)That the police lacked probable cause.
B)That the police violated his Bertinelli rights.
C)That the police violated his right to nolo contendere.
D)That the police mistook his identity for that of a thief.
E)That the police entrapped him.

Question 75

Which of the following is a correct statement regarding the grand jury system?

A)Under the U.S.Constitution,a grand jury is required in state court felony cases.
B)Under the U.S.Constitution,a grand jury is required in federal felony cases.
C)The defendant may not waive his or her right to a grand jury.
D)Under the U.S.Constitution,a grand jury is required in both state and federal felony cases,and the defendant may not waive his or her right to a grand jury.
E)Under the U.S.Constitution,a grand jury is required in both state and federal felony cases,but a defendant may waive his or her right to a grand jury.

Question 76

Masked Bandit.Barry,who owned a small convenience store,was robbed when a masked bandit entered his store and demanded his cash while pointing a gun at him.As the bandit ran out of the store,Barry grabbed his own gun and shot the bandit in the leg.When the police arrived,Barry was arrested along with the thief.Barry claimed that no charges should be brought against him because his action in shooting the robber was justified.After the arrest,the officers searched his store and found marijuana.When Barry complained about the arrest and search,the officer in charge told him that because the state police were involved,federal constitutional rights were waived.Barry is trying to obtain legal representation in an attempt to get out of jail,but cannot afford a lawyer because he just spent all his funds buying the illegal drugs for resale that have now been confiscated by the police.Sam,another inmate,asks Barry if the officers explained his rights to him; but Barry only recalls being arrested,hustled into the police cruiser,and whisked off to jail.The bandit will likely be charged with a(n)________ offense.

A)felony
B)misdemeanor
C)liability without fault
D)absolute liability
E)strict liability

Question 77

Cosmetic Profits.Sally is the executive vice president of Big Name Cosmetics Company.Through important and material,nonpublic information,she learns that the company is soon going to purchase a smaller chain of stores.It is expected that stock in Big Name Cosmetics will rise dramatically at that point.Sally immediately buys a number of shares of her company's stock.She also tells her friend Alice about the expected purchase of stores.Alice wanted to purchase stock in the company but lacked the funds with which to do so.Although she did not have the funds in Bank A,Alice decided to draw a check on Bank A and deposit the check in Bank B and then proceed to write a check on Bank B to cover the purchase of the stock.She hoped that she would have sufficient funds to deposit before the check was presented for payment.Of which offense is Sally guilty,if any,in purchasing stock of her company?

A)She is guilty of insider trading.
B)She is guilty of tipping.
C)She is guilty of insider misappropriation.
D)She is guilty of extortion.
E)She is guilty of no offense.

Question 78

A written document called a(n)________ is a formal accusation stating the facts and specifying the violation of criminal law.

A)complaint
B)information
C)subpoena
D)subpoena duces tecum
E)summons

Question 79

In United States v.Park,what was the United States Supreme Court's ruling regarding the criminal liability of the defendant Park,corporate president of a national food-chain corporation?

A)That the defendant could not be held liable because it could not be proven beyond a reasonable doubt that he knew warehouse employees were failing to take proper steps to ensure sanitary conditions.
B)That the defendant could not be held liable because it could not be proven by a preponderance of the evidence that he knew warehouse employees were failing to take proper steps to ensure sanitary conditions.
C)That the defendant could not be held liable because he did not personally cause the contamination.
D)That the defendant could be held liable because he hid evidence of the offenses.
E)That the defendant could be held liable because he failed to ensure his company's compliance with the law.

Question 80

Masked Bandit.Barry,who owned a small convenience store,was robbed when a masked bandit entered his store and demanded his cash while pointing a gun at him.As the bandit ran out of the store,Barry grabbed his own gun and shot the bandit in the leg.When the police arrived,Barry was arrested along with the thief.Barry claimed that no charges should be brought against him because his action in shooting the robber was justified.After the arrest,the officers searched his store and found marijuana.When Barry complained about the arrest and search,the officer in charge told him that because the state police were involved,federal constitutional rights were waived.Barry is trying to obtain legal representation in an attempt to get out of jail,but cannot afford a lawyer because he just spent all his funds buying the illegal drugs for resale that have now been confiscated by the police.Sam,another inmate,asks Barry if the officers explained his rights to him; but Barry only recalls being arrested,hustled into the police cruiser,and whisked off to jail.Which of the following is true regarding Barry's right to counsel?

A)Barry has a right to counsel,but only because felony charges are likely involved.
B)Barry has a right to counsel,but only because misdemeanor charges are likely involved.
C)Barry has a right to counsel,but only if he can establish that he has no previous criminal record.
D)Barry has a right to counsel.
E)Barry has no right to counsel.