BUSINESS LAW CHAPTER 4 CRIMINAL LAW TEST

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BUSINESS LAW CHAPTER 4 CRIMINAL LAW TEST

True/False

Indicate whether the statement is true or false.

____ 1. Crimes are either classified as felonies or misdemeanors according to the severity of their potential punishment.

____ 2. Generally, all the jurors must vote for conviction before a person can be convicted of a crime.

____ 3. Persons convicted of infractions can only be fined.

____ 4. The holding of a corporation or one of its officers criminally liable for the actions of one of its employees is referred to as victimless criminal liability.

____ 5. Procedural defenses focus on whether the alleged criminal actually committed the crime.

____ 6. It is not a crime to buy property that you know has been stolen.

____ 7. “Falsely making or altering a writing to defraud another” is the definition of the crime of embezzlement.

____ 8. A grant of immunity can eliminate a person’s right to refuse to testify on the grounds of self-incrimination.

____ 9. Generally, what is a crime for an adult is juvenile delinquency for a minor.

____ 10. The federal Foreign Anti-bribery Act of 1977 prohibits bribery in foreign countries by U.S. companies or their representatives.

Multiple Choice

Identify the choice that best completes the statement or answers the question.

____ 11. What is the standard of proof in a criminal case?

a.

proof by clear and convincing evidence

b.

proof by a preponderance of the evidence

c.

proof beyond a reasonable doubt

d.

none of these

____ 12. Under common law, how were those below the age of seven treated with regard to criminal intent?

a.

Their criminal intent had to be proven in court.

b.

They were presumed incapable of forming criminal intent.

c.

They were treated the same as any other alleged criminal.

d.

none of these

____ 13. Why would a defendant accept a plea bargain?

a.

to avoid the risk of being convicted of a more serious offense

b.

to confront the accuser at the trial

c.

to save the court time and money

d.

to win favor with a judge

____ 14. A crime is a punishable offense committed against

a.

the courts.

c.

a victim.

b.

society.

d.

all of the above.

____ 15. Which of the following parties would not be held to have criminal intent?

a.

the voluntarily intoxicated

b.

the insane

c.

the extremely careless

d.

all of the above would be held to have criminal intent

____ 16. Which of the following is not a constitutional right of an accused?

a.

the right to be represented by a lawyer

b.

the right to be subject to arrest only when there is probable cause

c.

the right to refuse to testify against oneself

d.

the right to a private cell when in jail

____ 17. What can the government do to compel a witness to testify after she or he has asserted the right against self-incrimination?

a.

arrest the witness

b.

ask the judge to hold the witness in contempt

c.

grant immunity

d.

plea bargain

____ 18. Which of the following is not a potential defense to criminal charges?

a.

ignorance of the law

b.

self-defense

c.

criminal insanity

d.

All of the above are potential defenses to criminal charges.

____ 19. Which of the following would not be a white-collar crime?

a.

stock fraud

c.

robbery

b.

price fixing

d.

income tax evasion

____ 20. Which of the following is the best definition of contempt of court?

a.

actions that interfere with the administration of justice

b.

failure to file an appeal on time

c.

words that express disrespect for witnesses

d.

willful disregard of the instruction of your lawyer

____ 21. A person who obtains money or other property by lying about a past or existing fact is guilty of

a.

forgery.

c.

false pretenses.

b.

perjury.

d.

larceny.

____ 22. Rick was arrested last Friday, but the arresting police officer did not read him his Miranda Rights. What type of defense could his attorney use to defend Rick?

a.

immunity

c.

a substantive defense

b.

a procedural defense

d.

both a and c

____ 23. While walking to her bank, a young man grabbed Nikki, threatened to shoot her, and then took her purse. Inside Nikki’s purse was her wallet, which included credit cards, her driver’s license, and her paycheck. The thief later took her paycheck, signed Nikki’s name, and successfully cashed the paycheck. What crime(s) did the thief commit?

a.

forgery

c.

robbery

b.

bribery

d.

both a and c

____ 24. Which of the following crimes is not a type of larceny?

a.

robbery

c.

shoplifting

b.

burglary

d.

forgery

____ 25. A threat to expose a secret crime or an embarrassing fact unless money is paid to the person issuing the threat is the crime of

a.

extortion.

c.

embezzlement.

b.

conspiracy.

d.

none of the above.

____ 26. If a witness refuses to testify after the grant of immunity, with what can the witness be charged, as he or she is hindering the administration of justice?

a.

conspiracy

c.

contempt of court

b.

extortion

d.

none of the above

____ 27. A search to discover evidence will be deemed reasonable if there is ____ for it.

a.

immunity

c.

probable cause

b.

hazardous potential

d.

probable consent

____ 28. Benton, a bank guard, and his friend, Adams, planned to rob Benton’s employer, the First Bank and Trust of Evansville. Shortly before the crime was to be carried out, Benton told Adams that he would have nothing to do with it. Nonetheless, Adams robbed the bank according to the plan. Benton did nothing to stop her. Benton could be charged with

a.

embezzlement.

c.

conspiracy.

b.

extortion.

d.

none of the above.

____ 29. Maggie has been unable to sell her home because it is old and deteriorated. In order to build a new house, Maggie sets fire to her house and then files an insurance claim to obtain money to build a newer home. What crime did Maggie commit?

a.

conspiracy

c.

robbery

b.

arson

d.

none of these

____ 30. A plea bargain that has been arrived at by negotiations between the accused and the prosecutor must still be approved by

a.

the victim of the crime.

b.

the governor of the state in which the case is being tried.

c.

the judge of the court in which the case is being tried.

d.

no approval is necessary.

Completion

Complete each statement.

31. As one of her duties as an administrative assistant in Technical Support, Diana is entrusted with ordering and then inventorying all new computer software and hardware. Diana manipulates invoices, dollar amounts, and the inventory itself with the intent of periodically taking a computer home and then selling it to her friends at a discount. Diana can be charged with ____________________.

32. Jayson earns a great income working as a financial vice president of a major corporation. His company prohibits management from dating lower-level staff members. However, Jayson begins dating one of his employees, Gloria, secretly. When Jayson does not promote Gloria to a position she feels she deserves, she threatens to reveal their relationship and destroy his promising career unless Jayson agrees to pay her $2,000 a month. Gloria is committing a crime known as ____________________.

33. The specific conduct of the defendant that violates the statute is referred to as the criminal ____________________.

34. Russell threw a paper cup out his window at a stoplight. Although Russell can not be placed in jail for littering, he can be severely fined. Littering is a type of criminal offense known as a(n) ____________________.

35. Victor was arrested and accused of a variety of crimes including arson, bribery, and conspiracy to commit fraud. Victor and his attorney agree that he will plead guilty to the bribery charges in exchange for having the more serious crimes of arson and conspiracy dropped. This process is known as ____________________.

36. A crime punishable by confinement in a county or city jail for less than one year, by fine, or both is known as a(n) ____________________.

37. If two local competing telecommunications companies secretly agree to cooperate and fix consumer pricing higher than the nationwide average on their similar communications products and services, the companies have violated the federal ____________________.

38. Entering a building without permission when intending to commit a crime therein is known as ____________________.

39. Freedom from prosecution even when one has committed the crime charged is ____________________.

40. Sara’s brother, Eddie, works in the shipping and receiving department of a brass furniture company. The brass furniture is expensive and is something that neither Sara nor Eddie can easily afford. On Sara’s 25th birthday Eddie gives her three expensive pieces of brass furniture. Sara accepts the furniture knowing that Eddie stole the furniture from his employer. Sara is guilty of the crime of _________________________.

Essay

41. In general, what three elements must be shown by a prosecutor to convict an accused person of a crime?

42. On Saturday after the annual dues meeting of the Grange, the treasurer stopped at a food mart for gasoline and some groceries. Being low on cash, he used the collected money to pay his bill and replaced it on Monday when he received his paycheck. Name the crime that has been committed and give its definition.

43. Owen is a 16-year old high school student who began taking addictive drugs about two years ago. In order to support her habit, Owen agreed to sell drugs to elementary school children in her neighborhood. One night she sold cocaine to an 8-year old girl who later died due to complications resulting from a cocaine overdose. One of the young girl’s friends identified Owen to the police, and Owen was arrested and accused of murder. Owen believes she will be tried as a minor, and claims her use of drugs and alcohol made her mentally incompetent to know the difference between right and wrong. Is Owen correct? Support your answer.

44. Why would a prosecutor agree to grant immunity to a person known to have committed a particular crime?

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