BUSINESS LAW CHAPTER 4 CRIMINAL LAW TEST (2015)

ECO 3223 Homework Assignment #1, Spring 2015

September 26, 2018

Devry ENgL135 week 6 discussion

September 26, 2018

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?

proof by clear and convincing evidence

proof by a preponderance of the evidence

proof beyond a reasonable doubt

none of these

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

Their criminal intent had to be proven
in court.

They were presumed incapable of forming
criminal intent.

They were treated the same as any other
alleged criminal.

none of these

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

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

to confront the accuser at the trial

to save the court time and money

to win favor with a judge

____ 14. A
crime is a punishable offense committed against

the courts.

a victim.

society.

all of the above.

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

the voluntarily intoxicated

the insane

the extremely careless

all of the above would be held to have
criminal intent

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

the right to be represented by a lawyer

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

the right to refuse to testify against
oneself

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?

arrest the witness

ask the judge to hold the witness in
contempt

grant immunity

plea bargain

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

ignorance of the law

self-defense

criminal insanity

All of the above are potential defenses
to criminal charges.

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

stock fraud

robbery

price fixing

income tax evasion

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

actions that interfere with the
administration of justice

failure to file an appeal on time

words that express disrespect for
witnesses

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

forgery.

false pretenses.

perjury.

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?

immunity

a substantive defense

a procedural defense

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?

forgery

robbery

bribery

both a and c

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

robbery

shoplifting

burglary

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

extortion.

embezzlement.

conspiracy.

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?

conspiracy

contempt of court

extortion

none of the above

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

immunity

probable cause

hazardous potential

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

embezzlement.

conspiracy.

extortion.

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?

conspiracy

robbery

arson

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

the victim of the crime.

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

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

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?