Deck 13: Criminal Law and Business

Question 1

The double jeopardy law prohibits two trials in cases when an illegal activity has violated both federal and state laws.

Answer 1

False
Explanation: If an illegal activity violates both federal and state laws, double jeopardy does not prohibit two trials, one in federal court and the other in the state court system.

Question 2

The Bill of Rights was passed because of concern over the power given to a central government, at the expense of the individual citizen, by the Constitution.

Answer 2

True
Explanation: The Bill of Rights was Congress's response to concerns that the Constitution gave too much power to a central government at the expense of the individual citizen.

Question 3

The grand jury does not make a determination of guilt.

Answer 3

True
Explanation: The grand jury does not attempt to determine if the accused is guilty, only that probable cause exists to believe the accused committed the crime.

Question 4

Once a grand jury is convened, all members must be present to hear evidence and vote on cases.

Question 5

A city building inspector, inspecting for building code violations, must obtain a search warrant if the owner of the premises objects to the search.

Question 6

To protect individual citizens, courts have held that police officers making an arrest need a search warrant to search that person and the immediate area around that person for weapons.

Question 7

The classification of crime is based on the punishment imposed in the event of a conviction of the alleged crime.

Question 8

The Sixth Amendment gives the right to a speedy jury trial in a criminal matter.

Question 9

In a criminal trial, when a defendant is found innocent, the prosecution always has the right to a second trial.

Question 10

Misdemeanors are punishable by a mandatory jail sentence of 12 months.

Question 11

Mere silence can invoke Miranda protections.

Question 12

Employees of some businesses do not have Fourth Amendment protections because of public policy considerations.

Question 13

The grand jury attempts to determine that a probable cause exists to believe that the accused committed the crime.

Question 14

Felony cases are commenced with the filing of an information, and misdemeanors are usually commenced with an indictment.

Question 15

Grand juries have subpoena powers.

Question 16

The Sixth Amendment gives the right to a speedy jury trial in a criminal matter.

Question 17

A defendant might plead nolo contender to avoid a criminal conviction being used as a basis for a civil suit.

Question 18

The Fifth Amendment right against self-incrimination does not protect the accused from being compelled to produce real or physical evidence.

Question 19

The protection against compulsory self-incrimination applies to corporations, including professional corporations and partnerships.

Question 20

Courts do not allow individuals to be tried twice by the same governmental entity for the same crime based on the same factual situation.

Question 21

Which of the following is true of nolo contendere?

A) It excuses a defendant from jail sentence.
B) It allows the prosecutors to bring forth a civil and a criminal suit against the defendant.
C) It imposes the cost of the trial on the defendant.
D) It avoids criminal convictions forming a basis for civil suits.
E) It allows the defendant to plead guilty in court and avoid jail sentence

Question 22

An insured bank is one whose deposits are insured by the Federal Deposit Insurance Corporation.

Question 23

_____ are punishable by a fine or jail sentence of less than one year.

A) Felonies
B) Conspiracies
C) Frauds
D) Misdemeanors
E) Disparagements

Question 24

Which of the following is not a possible plea for a defendant in a criminal case?

A) Guilty
B) Entrapment
C) Not guilty
D) Nolo contendere
E) No contest

Question 25

Because a corporation can't be put in jail, a corporation cannot face criminal charges.

Question 26

A person may be convicted of conspiracy even if he or she did not know all the details of the unlawful scheme.

Question 27

_____ is an important element of many criminal laws.

A) Intent
B) Information
C) Indictment
D) Disregard
E) Presumption

Question 28

In cases of conspiracies, indictments charge persons involved only with the crime of conspiring.

Question 29

A person can be charged with conspiracy even if the individual becomes involved after the conspiracy is stopped and the criminal conduct does not occur.

Question 30

The classification of crime is based on:

A) location.
B) prior record.
C) punishment imposed if convicted.
D) the judge's prerogative.
E) the jury's indictment.

Question 31

The right to an attorney exists in any cases where incarceration is a possible punishment.

Question 32

Burglary, by definition is always a theft crime.

Question 33

A conspiracy is a formal agreement for criminal purposes.

Question 34

Unsuccessful concealment can be used as a defense in case of a bankruptcy crime.

Question 35

The determination that a crime has been committed and that the evidence presented is sufficient to warrant the accused's standing trial is known as _____.

A) presumption of innocence
B) nolo contendere
C) indictment
D) double jeopardy
E) probable cause

Question 36

Which of the following is true of a grand jury?

A) A grand jury attempts to determine if the accused is guilty or innocent.
B) A grand jury also serves to be an investigative body.
C) A grand jury consists of sixteen citizens.
D) A grand jury presents the evidence to determine the guilt of the accused.
E) A grand jury consists of a group of bureaucrats and lawyers.

Question 37

A grand jury transcript may be used at a trial to:

A) make additional charges.
B) impeach a witness.
C) substitute for testimony of witnesses unavailable at trial.
D) give a judge background and insight as to how the indictment was arrived at.
E) pronounce the guilt of the accused.

Question 38

In a case of fraud, the government must prove actual reliance upon the defendant's misrepresentation.

Question 39

The right to a jury trial does not extend to state juvenile court proceedings.

Question 40

Which of the following is true of grand and petit juries?

A) Grand juries have the same rights and duties as petit juries.
B) Grand juries determine the guilt or the innocence of the accused.
C) Petit juries determine the guilt or the innocence of the accused.
D) Petit juries determine if there is sufficient evidence to warrant a trial.
E) Grand juries present the evidence to determine the guilt or innocence of an accused.

Question 41

Stealing credit card or debit card information by using a special storage device when someone is processing their card is called:

A) phishing.
B) hacking.
C) infringing.
D) spamming
E) skimming

Question 42

Police officers arresting someone:

A) do not need a search warrant to look in the immediate area for a weapon.
B) must have a search warrant to look for weapons.
C) must have a search warrant to search the person being arrested.
D) must have a search warrant to arrest the person.
E) must have a search warrant to search vehicles, persons, or goods arriving in the United States.

Question 43

The Fifth Amendment provides in part that no "person shall be subject for the same offense to be twice put in jeopardy of life or limb." This is known as the _____.

A) exculpatory clause
B) double jeopardy clause
C) defendant protection clause
D) specific crime clause
E) double trial clause

Question 44

Which of the following is true of phishing?

A) Rummaging through the trash looking for personal information.
B) Pretending to be financial institutions or companies to get individuals to reveal their personal information.
C) Stealing credit/debit card numbers using a special storage device when processing a card.
D) Diverting billing statements to other locations.
E) Stealing wallets, purses, mail, credit cards, checks, tax information and so forth.

Question 45

_____ must be obtained by the police prior to a search of a person, any premises, or other property such as the trunk of an automobile.

A) Evidence authorizations
B) Seizure orders
C) Charging orders
D) Court-authorizations
E) Search warrants

Question 46

If a debtor falsifies the information filed in a bankruptcy proceeding, the debtor is said to have committed:

A) a crime.
B) an offense of concealment.
C) a counterfeit.
D) a conspiracy.
E) a wire fraud.

Question 47

Which of the following is an example of ponzi schemes?

A) Ursula pays an advance of $500 to Stan Electronics for a microwave oven, which is not delivered to her as promised.
B) Harry assumes his father, Tom's, identity, when swiping Tom's credit card for purchases and signing the receipts.
C) Jenny receives a call from a person selling mobile phones, and purchases a phone by giving her financial information to the unknown caller.
D) Heidi receives an e-mail which offers her an opportunity to share a percentage of millions of dollars.
E) James invests his funds with Tim, who gives James 'high returns', but flees with the remainder money after attracting new investors.

Question 48

Which of the following is an example of larceny?

A) A person caught for shoplifting.
B) A shoplifter threatening the manager with a gun.
C) A person breaks into a shop to steal but is unable to do so.
D) A cashier of a store steals money from the cash register.
E) Two people partner to rob a neighbourhood store.

Question 49

_____ is a complete defense to fraud as it is inconsistent with the defendant's intent to defraud or wilfulness, essential to the charges.

A) Negligence
B) Good faith
C) Intention
D) Reasonableness
E) Lack of knowledge

Question 50

In state juvenile proceedings, juveniles do not have the right to:

A) counsel.
B) a jury trial.
C) confront witnesses.
D) cross-examine witnesses.
E) trials.

Question 51

Which of the following is true of a material fact?

A) It means to act knowingly and with a specific intent to deceive someone, ordinarily for financial gain or causing financial loss to that person.
B) It is a plan or a program designed to take from a person the tangible right of honest services.
C) It is important to a reasonable person in deciding whether or not to engage in a particular transaction.
D) It can be a defense to a contract and can also form the basis of a civil tort action.
E) It is a statement or representation that is known to be untrue or is made with reckless indifference as to its truth or falsity.

Question 52

_____ is a plan or a program designed to take from a person the tangible right of honest services.

A) Theft by deception
B) Scheme to defraud
C) Intent to defraud
D) Fraudulent misrepresentation
E) Disparagement

Question 53

Who has the burden of proof to prove the presence of a scheme to defraud?

A) Government
B) Defendant
C) Judge
D) Jury
E) Plaintiff

Question 54

Which of the following is true of the double jeopardy clause?

A) It states that a person can be tried twice for the same offense under criminal and civil law.
B) It states that a person cannot be tried twice even if the same crime violates both federal and the state laws.
C) It states that a federal and state governmental prosecutor cannot cooperate for one conviction.
D) It states that if the factual evidence is the same, an individual can be tried twice under different sections of law.
E) It states that if an illegal activity violates both federal and state laws, an individual can be tried twice.

Question 55

Which of the following is true of the right to search a person, automobile, or premises?

A) Officers making an arrest do not need a search warrant to search the arrested person.
B) Officers making an arrest need a search warrant to search the immediate area around that person for weapons.
C) The right to search for evidence is not extended to the premises of persons not suspected of criminal conduct.
D) Building inspectors have the right to inspect for building code violations without a warrant if the owner of the premises objects.
E) A warrantless inspection of commercial premises is unconstitutional and violates the Fourth Amendment.

Question 56

Double jeopardy means:

A) committing the same crime twice.
B) the prohibition of trials of the same crime in state and federal courts.
C) losing the trial and the appeal in the same case.
D) being arrested for gambling.
E) being tried to a verdict for the same crime twice.

Question 57

Which of the following is true to prove the intent to fraud?

A) The defendant must establish beyond a reasonable doubt that he did not have the intent to defraud.
B) The government has to prove actual reliance on the defendant's misrepresentations.
C) The government has to produce a proof of damages to apply criminal liability for mail and wire fraud.
D) The government must establish beyond a reasonable doubt that the defendant acted with a specific intent to defraud.
E) The defendant has to prove that he/she acted in good faith and that his/her actions caused no damages to the government.

Question 58

In which of the following is there no expectation of privacy, while there is an irrevocable consent to a warrantless search?

A) A person living in his apartment.
B) A building suspected to have violated a building code.
C) A lawyer's office.
D) Presenting oneself at an airport checkpoint.
E) A celebrity having a party on her premises.

Question 59

Any person, including the debtor, in possession of property belonging to the estate of a debtor in bankruptcy is guilty of _____ if he or she conceals the property from the person charged with control of the property in the bankruptcy proceeding.

A) a misdemeanor
B) counterfeiting
C) a felony
D) conspiracy
E) larceny

Question 60

A statement or representation is _____ if it is known to be untrue or is made with reckless indifference as to its truth or falsity.

A) fraudulent
B) a material fact
C) a felony
D) a misdemeanour
E) in good faith

Question 61

An overt act is:

A) an act with the intent to obstruct the legislative process or a judicial process.
B) an attempt by a bankrupt debtor to falsify the information filed in the bankruptcy proceedings.
C) a means to secrete, falsify, mutilate, fraudulently transfer, withhold information or knowledge required by law to be made known.
D) an agreement or a "kind of partnership" for criminal purposes in which each member becomes the agent or partner of every other member.
E) any transaction or event knowingly committed by a conspirator in an effort to accomplish some object of the conspiracy.

Question 62

Albert has falsely reported income, which he obtained from illegally selling drugs in his neighborhood, as income obtained from his job at Seven Eleven Mart. Albert is guilty of which of the following?

A) Larceny
B) Embezzlement
C) Money laundering
D) Burglary
E) Robbery

Question 63

Shawn has filed for bankruptcy. However, he has not mentioned his farmhouse in Farmington in the bankruptcy proceedings. The farmhouse has been recovered by the mortgage firm and included in the proceedings. Which of the following is true in this case?

A) Shawn will be held guilty for the offense of concealment.
B) Shawn can use the recovery of the estate as a defense to his concealment.
C) Shawn is guilty of larceny as he did not reveal his estate during bankruptcy proceedings.
D) Shawn can be held guilty for counterfeiting.
E) Shawn is likely to be held not guilty since the estate was recovered and included in the proceedings.

Question 64

Rico has been trying hard to get a certain building contract for his company. He decides to go the extra mile and talk to the government official who is managing the building contract allotment. Rico promises the official a 'treat' if he directs the contract to Rico's company. Which of the following can Rico be held guilty for?

A) Aiding and abetting
B) Money laundering
C) Kickbacks
D) Embezzlement
E) Larceny

Question 65

_____ occurs when an employee appropriates funds of his employer to his or her own use.

A) Burglary
B) Robbery
C) Larceny
D) Conspiracy
E) Embezzlement

Question 66

Any transaction or event knowingly committed by a conspirator in an attempt to accomplish some object of the conspiracy is called an:

A) object act.
B) oblique act.
C) overt act.
D) obligatory act.
E) objective act.

Question 67

To prove a pattern of racketeering the government must show:

A) Two acts of racketeering in a five year period.
B) Five acts of racketeering in a five year period.
C) Two acts of racketeering in a ten year period.
D) Five acts of racketeering in a ten year period.
E) One act of racketeering in a five year period.

Question 68

Discuss the double jeopardy clause.

Question 69

To make the criminal system more just and to help ensure that similar crimes receive similar sentences, in the late 1980s a federal sentencing commission developed _____ for federal crimes.

A) a statute of frauds.
B) state law.
C) local statutes.
D) codes of analytic.
E) sentencing guidelines.

Question 70

Discuss intent as an important element in criminal laws.

Question 71

On what basis can a court issue a search warrant to a police officer?

Question 72

If a person acts under the direction of someone accused of criminal activities, this person might be held responsible for _____.

A) conspiracy
B) endangerment
C) embezzlement
D) aiding and abetting
E) accessory before crime

Question 73

Tom enters Kathy's home through a closed window intending to steal a painting that she has in her bedroom. When he gets to her bedroom door he hears that she isn't alone so he leaves. Which of the following is true of this situation?

A) Tom is guilty of larceny.
B) Tom will be held guilty for robbery.
C) Tom has committed burglary.
D) Tom did not take anything, hence is not guilty.
E) Tom can be held guilty of theft in deception.

Question 74

To convict a person of a conspiracy:

A) a formal agreement between all members must exist.
B) all members must plan all details of the scheme.
C) one person must plan and commit the crime.
D) two or more people must be involved in some aspect of the scheme.
E) the victim must prove damages suffered due to the act of two or more individuals.

Question 75

When an individual commits an act with the intent to obstruct the legislative process or a judicial process, he/she is guilty of _____.

A) larceny
B) an overt act
C) obstruction of justice
D) fraud in judicial process
E) conspiracy

Question 76

What is the different between grand jury and petit jury?

Question 77

_____ is the unlawful taking of personal property with the intent to deprive the rightful owner of it permanently.

A) Burglary
B) Robbery
C) Larceny
D) Conspiracy
E) Embezzlement

Question 78

Thelma and Louise are out on a Friday night bar hopping. Thelma is driving to the next bar when Louise asks her to stop at a convenience store so she can "make a withdrawal". Thelma thinks that Louise is using an ATM when in fact Louise has pulled a gun from her purse and held up the store. Louise fires no shots and walks out of the store as calm as can be. The police arrest both at the next bar stop. Louise is guilty of:

A) aiding and abetting.
B) robbery.
C) conspiracy.
D) fraud.
E) burglary.

Question 79

_____ is defined as any act or threat involving specified state law crimes, any "act" indictable under various specified federal statutes, and certain federal "offenses."

A) Fraudulent misrepresentation
B) Racketeering
C) Money laundering
D) Embezzlement
E) Larceny

Question 80

_____ is an agreement or a "kind of partnership" for criminal purposes in which each member becomes the agent or partner of every other member.

A) Felony
B) Bankruptcy crime
C) Counterfeit
D) Conspiracy
E) Misdemeanor