question

crimes and criminal punishment guidelines are specified in detailed criminal codes and statutes.

answer

true

question

the criminal law of all states is the same because all states have adopted a uniform criminal code

answer

false

question

generally misdemeanors are more serious than felonies.

answer

false

question

an act that is a felony in one state will necessarily be a felony in another

answer

false

question

a crime consists of three elements; the mental state, the intent, and the act.

answer

false

question

for an act to be considered a crime, it is necessary that some persons be harmed

answer

false

question

mental state does not require an awareness of guilt

answer

true

question

a person may be held criminally liable for acts committed by another

answer

true

question

for business crimes, managers cannot be held criminally responsible for the conduct of their employees

answer

false

question

because a corporation is not a human being, it cannot be convicted of a crime

answer

false

question

several states have adopted statutes providing a limited degree of indemnification to victims of crime

answer

true

question

an innocent person convicted of a crime is never able to receive a compensation for the wrong

answer

false

question

white collar crimes generally include violence

answer

false

question

RICO authorizes both criminal and civil actions

answer

true

question

a RICO action would not be appropriated to use against antiabortion protesters

answer

false

question

bribery requires the use of violence

answer

false

question

extortion and blackmail are exactly the same

answer

false

question

the foreign corrupt practice act applies to businesses with their principal offices located in the united states

answer

true

question

counterfeiting laws prohibit the mutilation of currency

answer

true

question

forgery includes signing another person's name to a check

answer

true

question

obtaining money from an ATM by the unauthorized use of the depositors ATM card is a state crime, not a federal crime

answer

false

question

embezzlement involves fraud

answer

true

question

embezzlement always involves a bank account

answer

false

question

computer crimes are always covered by the traditional criminal law of a state

answer

false

question

a computer crime generally can only be committed by a person with a computer

answer

true

question

destroying information stored on a omputer may be a crime

answer

true

question

economic espionage is against the law

answer

true

question

the fourth amendment warrant requirement does not apply to business

answer

false

question

corporation are entitled to fifth amendment protection

answer

false

question

due process includes the right to question witnesses

answer

true

question

a victim of a tort may sue and recover money damages

answer

true

question

the same act may be both a breach of contract and tot

answer

true

question

civil (noncriminal) wrongs, including breaches of contract, are governed by tort law

answer

false

question

if a crime does not hurt an identifiable person , it is not a tort

answer

true

question

a tort is a wrong arising from a violation of private duty

answer

true

question

strict liability is one type of tort

answer

true

question

careless action that results in injuries to others usually are not deemed to be torts

answer

false

question

for tort liability to be imposed, the perpetrator of the tort must have acted with the intent to do wrong

answer

false

question

motive is an essential element of tort liability

answer

false

question

the concept of absolute liability is applied without regard to whether the defendant was at fault

answer

true

question

the tort of false imprisonment requires the detention of a person without his or her consent

answer

true

question

under the tort of false imprisonment, shopkeepers are prevented from detaining anyone whom they believe has shoplifted.

answer

false

question

infliction of emotional distress requires a person to show that a conduct resulted in mental distress

answer

true

question

the tort of invasion of privacy is always defined as appropriation of another's name or likeness

answer

false

question

a person who makes public information stored in a computer can never be held liable for invasion of privacy

answer

false

question

commercial exploitation is a form of invasion of privacy

answer

true

question

offensive or derogatory language used by one person to describe another constitutes the tort of slander

answer

false

question

it is possible to make harmful, false statements that cause damage and yet incur no liability

answer

true

question

libel is the printed equivalent of the spoken from of defamation known as slander

answer

true

question

defamation by computer can occur with or without an intent to harm

answer

true

question

truth is not a defense to defamation

answer

false

question

a buyer who is dissatisfied with the service or product provided by a merchant cannot be charged with defamation for false statements made in an attempt to coerce the merchant to perform to the buyers satisfaction

answer

false

question

trespass to land is limited to unpermitted entry on or across land

answer

false

question

trespass to the person consists of any unprivileged contact with the victims person for which consent was not given

answer

true

question

today, the widest range of tort liability arises in the field of negligence

answer

true

question

to determine whether the defendant is liable for negligence, a reasonable person standar is employed

answer

true

question

professionals have a duty to perform their functions at the same level as would a reasonable person

answer

false

question

negligence can be proven without showing actual damage

answer

false

question

where the lawsuit is based on negligence the defendant has the burden of proving himself or heself free of negligence

answer

false

question

governments are generally not subject to tort liability.

answer

true

businesss law chpt 8 and 9 – Flashcards

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