Deck 6: Criminal Law

Question 1

A criminal case must be proved beyond a reasonable doubt.

Answer 1

True

Question 2

A bribe must consist of money to be a crime.

Answer 2

False

Question 3

It is not a crime to defraud the public through the use of ads on television.

Answer 3

False

Question 4

Crimes occurring in a business context are popularly referred to as white-collar crime.

Question 5

A person who commits larceny can be sued under tort law.

Question 6

Only private attorneys prosecute criminal defendants.

Question 7

Criminal liability depends on the performance of a prohibited act.

Question 8

Corporations,unlike persons,cannot be liable for crimes.

Question 9

At a criminal trial,the burden of proof is on an accused person to prove his or her innocence.

Question 10

Larceny relies on stealth while robbery relies on fear and force.

Question 11

Mens rea refers to the mental state necessary for criminal liability.

Question 12

Embezzlement is like robbery in that neither crime requires the use of force or fear.

Question 13

Thinking about killing someone constitutes the crime of attempted murder.

Question 14

A crime can be committed only against persons.

Question 15

The intent to return the embezzled property is a defense to the crime of embezzlement.

Question 16

Counterfeiting is forgery.

Question 17

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

Question 18

Stealing software is not a crime.

Question 19

It may be a crime to take another's property,but it is not a crime to receive stolen goods.

Question 20

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

Question 21

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

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

Question 22

The only defense to criminal liability that justifies the use of force is self-defense.

Question 23

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

Question 24

Ludwig receives from Milo a marimba stolen from Nadine.To be criminally liable,Ludwig must know

A)Milo.
B)Nadine.
C)that the marimba is stolen.
D)what a marimba is.

Question 25

Under the Fifth Amendment,there is no circumstance in which a person can be compelled to testify.

Question 26

A mistake of fact can be a defense to criminal liability.

Question 27

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

Question 28

Divestiture of a business interest is a possible penalty under RICO.

Question 29

Under the Fourth Amendment,a general search warrant and a general search through a person's belongings are permitted.

Question 30

Ramon sets fire to his house.At common law,the crime of arson could be committed only if a person burned down

A)a commercial building.
B)an unoccupied structure.
C)his or her own house.
D)the house of another person.

Question 31

A misdemeanor is a crime punishable only by a fine.

Question 32

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

Question 33

Biff wrongfully takes an unopened carton from a Cold Storage Warehouse loading dock,puts the carton in his car,and drives away.This is

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

Question 34

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

Question 35

Unlike a "natural person," a corporation cannot be compelled to give self-incriminating testimony.

Question 36

Only blue-collar crimes are prosecuted under RICO.

Question 37

A federal judge must adhere strictly to federal sentencing guidelines.

Question 38

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

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

Question 39

A suspect cannot be tried twice in the same court for the same crime.

Question 40

A person may not be responsible for a criminal act if,as a result of a mental defect,he or she did not appreciate the wrongfulness of the act.

Question 41

Mariah takes off her ring and places it on her desk while she works.Without her knowledge or consent,her coworker Nita picks up the ring,puts it on,and walks away.Nita has likely committed

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

Question 42

Smitty,driving while intoxicated,causes a car accident that results in the death of Tiffany.Smitty is arrested and charged with a felony.A felony is a crime punishable by death or imprisonment for

A)any period of time.
B)more than one year.
C)more than six months.
D)more than ten days.

Question 43

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

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 44

Riley,a State Bank employee,deposits into his account checks that are given to him by bank customers to deposit into their accounts.This is

A)embezzlement.
B)larceny.
C)money laundering.
D)no crime.

Question 45

Mary,who is charged with a crime,claims that Nick,a government agent,entrapped her.For entrapment to be a valid defense

A)Mary must not have been predisposed to commit the crime.
B)Nick must have pressured Mary into committing the crime.
C)Nick must have suggested that the crime be committed.
D)all of the choices.

Question 46

Mona offers Ned,a building inspector,money to overlook the violations in her new warehouse.Ned accepts the money and overlooks the violations.Mona is charged with the crime of bribery.The crime occurred when

A)Mona decided to offer the bribe.
B)Mona offered the bribe.
C)Ned accepted the bribe.
D)Ned overlooked the violations.

Question 47

Bruno is a businessperson with investments in legal and illegal operations.Bruno may be subject to penalties under RICO

A)for making an unprofitable,but legal,investment.
B)for the commission of any business fraud.
C)only in a case involving a "racket."
D)only in a case involving organized crime.

Question 48

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

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 49

Sandy,a businessperson,is convicted of RICO offenses.Sandy's penalties may include

A)closing down a business,but not forfeiting its assets or selling it.
B)forfeiting business assets,but not closing it down or selling it.
C)selling a business,but not closing it down or forfeiting its assets.
D)closing down a business,forfeiting its assets,or selling it.

Question 50

Page points a knife at Ray's daughter,threatening to hold her hostage and "cut" her unless Ray takes a certain file from Skelter Supplies Corporation,his employer.Charged with theft,Ray can successfully claim as a defense

A)insanity.
B)duress.
C)entrapment.
D)self-defense.

Question 51

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

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

Question 52

Rick manages an illegal gambling operation in his Sushi Bar & Grill.Rick reports the profits of the gambling operation as income from Sushi's legitimate activities on its tax returns.This is

A)embezzlement.
B)larceny.
C)money laundering.
D)no crime.

Question 53

Briana,an employee of Cotillion Bank,is charged with embezzlement,which requires

A)fraudulently appropriating another's property.
B)obtaining lawful possession of property.
C)physically taking property from its owner.
D)the use of force or fear.

Question 54

Jake is charged with embezzlement.Embezzlement is not robbery because embezzlement may be committed without

A)a criminal act.
B)a criminal intent.
C)taking property from its owner.
D)the use of force or fear.

Question 55

On the orders of their corporate employer,Della and Efron,employees of Fabulous Fashionista,a clothing store,switch trademarks on clothing that comes into the store to be sold to consumers.This is

A)forgery.
B)larceny.
C)obtaining goods by false pretenses.
D)no crime.

Question 56

Dirk,an employee of Ergonomic Elevators,Inc.,pays Ferbie,an employee of Ergonomic's competitor G-Force Risers Company,for a secret G-Force pricing schedule.This is

A)an effective marketing strategy.
B)commercial bribery.
C)creative legal bookkeeping.
D)money laundering.

Question 57

Naomi,a businessperson,is charged with RICO offenses.Naomi may be subject to penalties under RICO only if she

A)committed two or more certain federal or state crimes.
B)has never been convicted of a crime.
C)intends to commit future RICO offenses.
D)was previously convicted of a crime.

Question 58

In relation to Edie's solicitation of investors in a nonexistent business,she is charged with "mail fraud." This requires,among other things,

A)claiming that an item is "in the mail" when it is not.
B)deceiving postal authorities as to the content of an item of mail.
C)depositing items in the postal system without proper postage.
D)mailing or causing someone else to mail a writing.

Question 59

Domino causes a disturbance at El Nino Cafe.He is arrested and charged with disorderly conduct,a misdemeanor.A misdemeanor is a crime punishable by

A)a fine only.
B)imprisonment up to one year.
C)imprisonment up to six months.
D)imprisonment up to ten days.

Question 60

Vance points a gun at Workman,threatening to shoot him.Workman hits Vance,causing his death.Charged with homicide,Workman can successfully claim as a defense

A)insanity.
B)duress.
C)entrapment.
D)self-defense.

Question 61

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

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 decid?ing the case may be excluded from the jury.

Question 62

Les is indicted.Madge,the arresting officer,advises Les of his right to counsel.Les waives the right and confesses to the crime.Later,Les claims that his confession should be excluded as evidence from his trial.The statement will most likely be

A)admitted because Les knew he did the crime and confessed.
B)admitted because Les made it after being advised of his rights.
C)excluded because a confession is not admissible in a criminal trial.
D)excluded because it was elicited before Les was advised of his rights.

Question 63

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

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 64

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

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

Question 65

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

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

Question 66

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

Question 67

Bob is arrested at his home,after the police search it and seize certain property to be used as evidence.A judge sets Bob's bail,as required by a state statute,and Bob is put on trial.The U.S.Constitution provides safeguards against all of the following except

A)arrests without probable cause.
B)excessive bail.
C)trying someone for a criminal offense.
D)unreasonable searches and seizures.

Question 68

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

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

Question 69

Jeri is indicted.Before she is arrested,she confesses to the crime in a conversation with Kelly,the arresting officer.Kelly then arrests Jeri and advises her of the right to counsel.Later,Jeri claims that her statement should be excluded as evidence from her trial.The statement will most likely be

A)admitted because Jeri knew she did the crime and confessed.
B)admitted because Jeri made it before being advised of her rights.
C)excluded because a confession is not admissible in a criminal trial.
D)excluded because it was elicited before Jeri was advised of her rights.

Question 70

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

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

Question 71

Mike is arrested at a warehouse in North Industrial Park.A government prosecutor issues a formal charge against Mike for receiving stolen property.This charge is

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

Question 72

Kino sees a DVD player on the porch of Lulu's house,takes the player to his home,and tells everyone he owns it.Maya,holding a knife,forces Nick to give her his boom box,and runs away with it.Ollie breaks into Pam's apartment,takes a computer,and leaves.Which of these acts are crimes,and what are the differences among them