Chapter 9 Business Law – Test 2

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Crime
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wrong against society proclaimed in a statute and punishable by a fine and/or imprisonment – or in some cases, death.
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Burden of Proof
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the duty of proving a disputed charge
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Beyond a reasonable doubt
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The standard that must be met by the prosecution’s evidence in a criminal case: that there is no other logical explanation, based on the facts, except that the defendant committed the crime.
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unanimous
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in a criminal case the jury must decide on a/n … vote in order to reach a verdict
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Felonies
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serious crimes punishable by death or by imprisonment for more than one year.
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Misdemeanors
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less serious crimes, punishable by a fine or by confinement for up to a year.
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Petty Offenses
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considered to be a subset of misdemeanors. minor violations.
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Criminal Liability
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1. the performance of a prohibited act and 2. a specified state of mind, or intent, on the part of the actor. Also, there must be a concurrence between the act and the intent.
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Commission
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every criminal statute prohibits certain behavior. Most crimes require an act of … – that is a person must do something in order to be accused of a crime.
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Actus Reus
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guilty act, a prohibited act.
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Guilty act requirement
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based on one of the premises of criminal law – that a person should be punished for harm done to society.
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Mens Rea
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a wrongful mental state, also typically required to establish criminal liability. Intent…
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CAN
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an act can or cannot have both civil and criminal consequences
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Actus reus, mens rea
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To be convicted of a crime a person must commit two things…
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Criminally Reckless
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a defendant is this if he or she consciously disregards a substantial and unjustifiable risk.
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Criminal Negligence
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involves the mental state in which the defendant deviates from the standard of care that a reasonable person would use under the same circumstances. The defendant is accused of taking an unjustified, substantial, and foreseeable risk that resulted in harm.
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Involuntary Manslaughter
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Homicide is classified as … when it results from an act of criminal negligence and there is no intent to kill.
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Overcriminalization
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although proponents of such laws argue that they are necessary to protect the public and the environment, critics say laws that criminalize conduct without any required intent have led to this… the use of criminal law as the main tool to solve social problems, such as illegal drug use.
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Strict Liability
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these are crimes that are found in environmental, drug laws that affect public health, safety and welfare.
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Corporate Criminal Liability
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A corporation itself cannot be inprisioned but can be convicted of crime through acts of its officers.
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Violent Crimes
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murder, sexual assault, rape, assault, battery, robbery, etc.
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Robbery
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the taking of money, personal property, or any other article of value from a person by means of force or fear. a violent crime.
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Aggravated Robbery
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robbery with the use of a deadly weapon
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degree
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each of the violent crimes is classified by … depending on the circumstances surrounding the criminal act. They include the intent of the person committing the crime, whether a weapon was used, and for crimes other than murder the level of pain and suffering experienced by the victim.
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corporations
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may be convicted of criminal activity if: Crime is within agent/employee’s scope of employment, it fails to perform a legally required duty, crime authorized or requested by corporate principal/officer
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Burglary
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the breaking and entering the dwelling of another at night with the intent to commit a felony. but now it does not matter what time of night.
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Larceny
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the unlawful taking and carrying away of someone else’s personal property with the intent to permanently deprive the owner of possession. It is stealing or theft. it does not force fear. ex. picking pocket A person who commits this can be sued under tort law b.c the act of taking possession of another’s property involves a trespass to personal property.
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Larceny
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pick pocketing is ….
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Arson
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the willful and malicious burning of a building and in some states personal property owned by another is the crime of …
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True
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T or F. It is a crime to receive stolen goods.
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Forgery
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the fraudulent making or altering of any writing (including electronic records) in a way that changes the legal rights and liabilities of another is …
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False Pretenses
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it is a criminal act to obtain goods by …, such as buying groceries with a check knowing that one has insufficient funds to cover it.
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Public Order Crime
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public drunkeness, prostitution, gambling, and illegal drug use. they are known as victimless crimes because they are normally only harm the offender.
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White-Collar Crime
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commonly used to mean an illegal act or series of acts committed by an individual or business entity using some nonviolent means to obtain a personal or business advantage.
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Embezzlement
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when a person entrusted with another person’s property or funds fraudulently appropriates that property or those funds … It is typically carried out by an employee who steals funds. It is not larceny b.c the wrongdoer does not physically take the property from the possession of another, and it is not robbery because no force or fear is used.
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may not be prosecuted
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as a practical matter, an embezzler who returns what has been taken … because the owner is unwilling to take the time to make a compliant, cooperate with the states investigative efforts and appear in court.
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intent to return
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… the embezzled property or its actual return is not a defenses to the crime of embezzlement as the following case illustrates.
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Mail Fraud Act of 1990
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it is a federal crime to use the mail to defraud the public. Illegal use of mails must include: mailing or causing someone else to mail a writing – something written printed or photocopied for the purpose of executing a scheme to defraud and contemplating or organizing a scheme to defraud by false pretenses.
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Bribery
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involves offering to give something of value to a person in an attempt to influence that person, who is usually is (but not always) a public official, to act in a way that serves a private interest.
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insider trading
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when an individual who obtains “inside information” about the plans of a publicly listed corporation can often make stock-trading profits by purchasing or selling corporate securities based on this information. This is a violation of securities law
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The Economic Espionage Act
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makes the theft of trade secrets a federal crime. Also makes it a federal crime to buy or possess another person’s trade secrets, knowing that the trade secrets were stolen or otherwise acquired without the owner’s authorization.
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Organized crime
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gambling, prostitution, illegal narcotics, and loan sharking (lending funds at higher than legal interest rates) along with more recent ventures into counterfeiting and credit-card scams.
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$10,000
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under federal law, banks, savings, and loan associations are required to report currency transactions involving more than…
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Money Laundering
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making “dirty” money “clean” this is done through creating legitimate businesses…. ex. bakery for Weeds
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RICO (Racketeer Influenced and Corrupt Organizations Act)
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this is part of the organized crime control act, the statute makes it a federal crime to: 1. use income obtained from racketeering activity to purchase any interest in an enterprise 2. acquire or maintain an interest in an enterprise through racketeering activity 3. Conduct or participate in the affairs of an enterprise through racketeering activity 4. conspire to do any of the preceding activities
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Racketeer
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some who commits crimes for profit (especially one who obtains money by fraud or extortion)
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Civil Penalties
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in the event of RICO violation, the govt can seek … including the divestiture of a defendants interest in a business (called forfeiture) or the dissolution of the business.
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Self-defense
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the best-known defense to criminal liability is … its a justifiable use of force.
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Justifiable uses of force
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the defense of one’s dwelling, the defense of other property, and the prevention of a crime.
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Necessity
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criminal defendants can be relieved of liability by showing that a criminal act was necessary to prevent an even greater harm.
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Insanity
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a person who suffers from a mental illness may be incapable of the state of mind required to commit a crime. This may be a defense to a criminal charge.
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Mistake
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of law can excuse criminal responsibility if it negates the mental state necessary to commit a crime.
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Duress
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exists when the wrongful threat of one person induces another person to perform an act that he or she would not otherwise have performed.
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Entrapment
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a defense designed to prevent police officers or other government agents from enticing persons or commit crimes in order to later prosecute them for those crimes.
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Statute of Limitations
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the state must initiate criminal prosecution within a certain number of years. if a criminal action is brought within the statutory time period has expired the accused person can raise the … as a defense
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Immunity
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accused persons are understandably reluctant to give information if it will be used to prosecute them, and they cannot be forced to do so. The state can grant this or agree to prosecute for a less serious offense in exchange for information.
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Self-incrimination
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protected by the fifth amendment. in any criminal case, the accused cannot be compelled to be a witness against himself.
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Plea Bargaining
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a grant of immunity from prosecution for a serious crime is part of the … between the defending and prosecuting attorneys. the defendant may be convicted of a lesser offense, while the state uses the defendants testimony to prosecute accomplices for serious crimes carrying heavy penalties.
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Criminal Law
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brings the force of the state with all of its resources to bear against the individual. the fourth, fifth, sixth, and eighth amendments deal with trial.
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Exclusionary Rule
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any evidence obtained in violation of the constitutional rights spelled out in the fourth, fifth, and sixth amendments generally not admissible at trial.
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Miranda Rule
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with the court case Miranda vs. Arizona. it was a very important trial b.c it brought to attention the right to tell the criminal their rights. and if their rights were made known to them, and they went against them then they could be punished in court.
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Criminal Process
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arrest, indictment or information, and trial.
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Arrest
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probable cause must be defined. some can be made without a warrant if there is no time to get one, but the action of the … officer is still judged by the standard of probable cause.
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Probable cause
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as a substantial likelihood that the person has committed or is about to commit a crime.
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Indictment or information
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individuals must be formally charged with having committed a specified crimes before they can be brought to trial.
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Indictment
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if issued by a grand jury the charge is called a ….
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Grand Jury
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it does not determine the guilt or innocence of an accused party; rather its function is to hear the state’s evidence.
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Information
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criminal complaint, for lesser crimes an individual may be formally charged with a crime by….
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Trial
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at a criminal … the accused person does not have to prove anything; the entire burden of proof is to the prosecutor (the state). It is all based on evidence, the defendants guilt is established beyond a reasonable doubt.
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Computer Crime
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as any violation of criminal law that involves knowledge of computer technology for its perpetration, investigation, or prosecution. a number of the white collar crimes are now committed with the aid of computers.
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cyber crime
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is fraud committed over the internet.
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Identity Theft
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occurs when the wrongdoer steals a form of identity (name, date of birth, or social security) and uses the information to access the victims financial resources.
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Phishing
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a distinct form of identity theft which is when the perpetrator looks for financial data and passwords by posing as a legitimate business such as a bank or credit-card company. The person sends out an email asking the recipient to update or confirm vital information, often with the threat that an account or some other service will be discontinued if the information is not provided.
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Vishing
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when phishing involves some form of voice communication, the scam is known as…
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C
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A wrong against society proclaimed in a statute and punishable by a fine and/or imprisonment (and, in some cases, death) is known as a(n): a. capital crime. b. intentional tort. c. misdemeanor. d. strict liability tort.
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A
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The burden of proof in a criminal case is: a. beyond a reasonable doubt. b. by a preponderance of the evidence. c. beyond a rational doubt. d. by a majority of the evidence.
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B
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Serious crimes punishable by death or by imprisonment for more than one year are called: a. misdemeanors. b. felonies. c. petty offenses. d. major offenses.
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A
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To establish criminal liability, there usually must be a: a. concurrence between the act and the intent. b. coincidence between the act and the intent. c. similarity between the act and the intent. d. joinder between the act and the intent.
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B
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In criminal law, a prohibited act is referred to as the: a. actus reus , or guilty thought. b. actus reus , or guilty act. c. mens rea , or guilty act. d. mens rea , or guilty thought.
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C
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To establish criminal liability: a. an act of commission is not necessary. b. an act of omission is always required. c. a wrongful mental state is typically required. d. None of these choices.
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D
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Public order crimes include: a. public drunkenness. b. gambling. c. illegal drug use. d. All of these choices.
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B
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When a person entrusted with another person’s property or funds fraudulently appropriates that property or those funds, the result is: a. extortion. b. embezzlement. c. receiving stolen goods. d. obtaining goods by false pretenses.
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B
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Mail and wire fraud, bribery, bankruptcy fraud, and the theft of intellectual property are offenses typically associated with: a. violent crime. b. white-collar crime. c. public order crime. d. organized crime.
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D
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Defenses to criminal liability include: a. immunity. b. mistake. c. duress. d. All of these choices.
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A
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The test under which a criminal defendant is not responsible if, at the time of the offense, he or she did not know the nature and quality of the act or did not know the act was wrong is: a. the M’Naghten test. b. the irresistible impulse test. c. the justifiable use of force test. d. None of these choices.
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A
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Duress exists when the wrongful threat of one person induces another person to perform an act that he or she: a. would not otherwise have performed. b. would have performed anyway. c. was thinking seriously about performing. d. None of these choices.
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B
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All evidence obtained in violation of the constitutional rights spelled out in the Fourth, Fifth, and Sixth Amendments to the U.S. Constitution normally is not admissible at trial under the: a. unconditional rule. b. exclusionary rule. c. inclusionary rule. d. Miranda rule.
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B
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If a defendant is not given a Miranda warning: a. nothing he or she says can be admissible at trial. b. certain statements may still be admissible at trial if they fall under the “public safety” exception. c. he or she cannot be put on trial. d. he or she cannot be charged with a crime
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C
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Individuals must be formally charged with having committed specific crimes before they can be brought to trial. If issued by a grand jury, such a charge is called a(n): a. summons. b. information. c. indictment. d. affidavit.
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B
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Any violation of criminal law that involves knowledge of computer technology for its perpetration, investigation, or prosecution is called: a. meta crime. b. computer crime. c. cyber crime. d. virtual crime.
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C
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A form of identity theft in which a criminal poses as a legitimate business, such as a bank, in order to collect financial data and passwords from consumers is called: a. spamming. b. hacking. c. phishing. d. flaming.
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A
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Any program that is harmful to a computer or computer user is known as: a. malware. b. spam. c. spyware. d. a Trojan horse.
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A
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In criminal law: a. the burden of proof is “beyond a reasonable doubt.” b. the person who suffers harm is the party who brings suit. c. the sanctions imposed on wrongdoers are generally not as harsh than those that are applied in civil cases. d. All of these choices.
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C
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Some torts, such as assault and battery, provide a basis for criminal prosecution as well as a civil action in: a. product liability. b. negligence. c. tort. d. strict liability. *
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C
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Minor violations, such as jaywalking or violations of building codes, are known as: a. third-degree misdemeanors. b. felonies. c. petty offenses. d. major offenses.
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A
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A defendant is criminally reckless if he or she: a. consciously disregards a substantial and unjustifiable risk. b. unconsciously disregards a substantial risk. c. commits any act that injures another. d. simply thinks about causing harm to another.
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B
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Corporations are normally liable for the crimes committed by their agents and employees: a. at all times. b. within the course and scope of their employment. c. only if those employees hold supervisory positions. d. None of these choices.
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A
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Corporate directors and officers are personally liable for the crimes they commit: a. regardless of whether the crimes were committed for their private benefit or on the corporation’s behalf. b. if the crimes were committed for their private benefit. c. if the crimes were committed for the corporation’s behalf. d. None of these choices
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C
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The taking of money, personal property, or any other article of value from a person by means of force or fear is known as: a. theft. b. burglary. c. robbery. d. extortion
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D
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The breaking and entering the dwelling of another at night with the intent to commit a felony is known as: a. theft. b. robbery. c. larceny. d. burglary.
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B
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Traditional markets for organized crime include all of the following except : a. gambling. b. insider trading. c. prostitution. d. loan sharking.
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A
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Probably the best-known defense to criminal liability is: a. self-defense. b. insanity. c. forgiveness. d. ignorance of the law.
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C
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The defense designed to prevent police officers or other government agents from enticing persons to commit crimes in order to later prosecute them for criminal acts is: a. necessity. b. consent. c. entrapment. d. mistake.
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A
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Often, a grant of immunity from prosecution for a serious crime is part of the: a. plea bargaining between the defending and prosecuting attorneys. b. negotiations between the defending and prosecuting attorneys. c. agreements made between the defending and prosecuting attorneys. d. None of these choices.
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B
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At trial, the criminal prosecution must show that, based on all the evidence, the defendant’s guilt is established: a. by a preponderance of the evidence. b. beyond a reasonable doubt. c. beyond a rational doubt. d. beyond a preponderance of the evidence.
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A
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In 1984, Congress passed the Sentencing Reform Act. This act created the U.S. Sentencing Commission, which was charged with the task of standardizing sentences for: a. federal crimes. b. state crimes. c. local crimes. d. misdemeanors.
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D
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A form of theft that occurs when a wrongdoer steals a form of identification and uses the information to access the victim’s financial resources is called: a. personal theft. b. cyber theft. c. meta theft. d. identity theft.
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A
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Persons who use one computer to break into another computer are sometimes referred to as: a. hackers. b. worms. c. phishers. d. spammers.
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D
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It can be difficult to prosecute cybercriminals because: a. jurisdiction is often unclear. b. laws written to protect physical property may not always apply in cyberspace. c. cybercriminals do not leave physical traces as evidence of their crimes. d. All of these choices.
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B
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Grand juries are called in cases involving serious crimes, such as murder. For lesser crimes, an individual may be formally charged with a crime by a criminal complaint, or a(n): a. charge. b. information. c. indictment. d. probable cause indictment.
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C
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The standard of proof in a criminal law case is: a. by a preponderance of the evidence. b. the 50 percent rule. c. beyond a reasonable doubt. d. by clear and convincing evidence.
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A
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Which of the following DOES NOT describe a felony? a. If found guilty, you are sentenced to prison for up to six months. b. If found guilty, you go to federal or state penitentiary. c. If found guilty, you may face the death penalty. d. If found guilty, you may face life imprisonment
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B
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If you are convicted of disorderly conduct and are sentenced to pay a fine and nothing more, you have committed: a. a fifth degree felony. b. a misdemeanor. c. a third degree felony. d. only a tort.
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D
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The “responsible corporate officer” doctrine means that: a. corporate officers must be responsible for their own actions but not for statutory violations committed by employees under their supervision. b. corporate officers are responsible only for profits. c. corporate officers are never responsible for profits. d. corporate officers may be held liable for statutory violations committed by employees under their supervision.
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B
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If James takes Ellen’s diamond-studded watch from her desk at work while Ellen is at lunch and does not return it, he may be guilty of the crime of: a. battery. b. larceny. c. arson. d. forgery.
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B
answer

Bob often left his friend Mark in charge of his bicycle store. One Saturday evening, after Mark had left for the week, Bob discovered that he was missing $9,000 in cash. Mark may be guilty of: a. robbery. b. embezzlement. c. misappropriation. d. conversion.
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B
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A person may be found not liable for committing a crime if that person: a. is over the age of eighteen. b. suffers from a mental disease and lacks substantial capacity to appreciate the wrongfulness of his or her acts. c. is voluntarily intoxicated. d. made a mistake of law.
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A
answer

If Carl holds a gun to your head and tells you to steal money from your employer on his behalf (because you’re the accountant and can do it rather easily), you: a. have a defense of duress. b. have a defense of mistake of law. c. have a defense of embezzlement. d. have no defense
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B
answer

Cyber crime can best be defined as: a. a crime against property. b. not a new type of crime but a new way of committing crime–in cyberspace. c. a crime that necessarily also involves a tort. d. organized crime.
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-A–B
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Perhaps the most significant federal statute specifically addressing cyber crime is the: a. Uniform Trade Secrets Act. b. Anticybersquatting Espionage Act. c. Counterfeit Access Device and Computer Fraud and Abuse Act. d. Berne Convention
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D
answer

A crime is best defined as: a. a wrong committed only against persons. b. a wrong prohibited by the common law but not by statutory law. c. a wrong prosecuted by a private attorney. d. a wrong committed against society as a whole.
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C
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Gomez, an informant for the police, posed as an ex-convict. He urged Saldana to sell cocaine to make money. Although Saldana used cocaine, he did not want to sell it. Finally, to get Gomez to stop pestering him, Saldana agreed to sell some cocaine to Castillo, an undercover police officer. Saldana claimed that he had been entrapped. The court most likely found that Saldana was: a. not guilty, because he was induced to sell the drugs. b. not guilty, because Gomez was annoying. c. guilty, because an undercover agent suggested that he sell drugs. d. guilty, because he was not induced to sell the drugs.
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A
answer

Corporations: a. can be held liable for crimes, just as individuals can be. b. can never be held liable for crimes or torts. c. are not real persons, so they cannot be held liable for crimes, only for torts. d. can be held liable for crimes only if they are privately owned.
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C
answer

The key difference between larceny and robbery is that: a. robbery involves breaking into a dwelling; larceny does not. b. larceny involves breaking into a dwelling; robbery does not. c. robbery involves force or fear; larceny does not. d. larceny involves arson; robbery does not
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A
answer

Slemmer was a successful stock trader and consultant for investment clubs. One club was called Profit Design Group (PDG). Slemmer set up an account for PDG with a brokerage firm. He had control of the account and could make decisions about buying and selling stocks. He was not authorized to withdraw funds from the account for his own benefit, but he did so. Slemmer made misrepresentations to the club members about the account and eventually emptied it. He was prosecuted for embezzlement. He claimed that he was not guilty because he intended to return the investors’ funds. The court most likely found that Slemmer was: a. guilty, because he never deposited funds to replenish the account. b. guilty, because the intent to return the embezzled property does not constitute a defense to the crime of embezzlement. c. not guilty, because he did not physically carry anything away. d. not guilty, because he did not intend to permanently deprive the members of their money.
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C
answer

Kayla advertises on the radio that she is selling a cream guaranteed to grow hair. Kayla knows that the cream will not do what she claims it will. Kayla may be tried: a. under state law only. b. under international law under the Convention on International Transmissions. c. for the federal crime of wire fraud. d. for the crime of embezzlement.
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C
answer

Martin runs an illegal gambling operation out of the back of a store that he owns. The store shows increasing profits because Martin reports the profits of his gambling operation as legitimate store income on his tax returns. Martin is engaged in: a. insider trading. b. economic espionage. c. money laundering. d. burglary.
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D
answer

Ahmed relies on his computer skills to have enough money to attend college. He breaks into computer systems to transfer funds to his own accounts. He occasionally gets paid by other students for breaking into the university’s computers to alter their grades. Ahmed is what is commonly referred to as a: a. cyberstalker. b. tortfeasor. c. cybersquatter. d. hacker.

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