Business chapter six

Which of the following is correct with respect to RICO?

1. It subjects to penalties enterprises that engage in a pattern of racketeering, defined as the commission of two or more specified state or federal criminal offenses within a period of ten years. 2. It was enacted with the stated purpose of terminating the infiltration of organized crime into legitimate businesses. 3. It provides for both civil and criminal penalties for violators.

Robbery can be "aggravated robbery" under which of the following circumstances?

1. The robber intends to kill if faced with resistance. 2. Serious bodily injury to the victim occurs. 3. The crime is committed by two persons rather than one person.

The Sarbanes-Oxley Act:

1. establishes new criminal penalties as well as substantially increasing penalties for existing crimes. 2. imposes fines and/or imprisonment of up to 20 years for knowingly altering, destroying, or falsifying any document with the intent of impeding a federal investigation. 3. adds new financial disclosure requirements for corporations.

A warrant is required for a search by the police except where:

1. the police are in hot pursuit of a criminal. 2. voluntary consent is given to the search. 3. evidence of a crime is in plain view of the police officer.

Which one of the following is NOT true of a criminal suit?

A criminal suit often results in repayment to the victim.

Which of the following is found in the Fifth Amendment to the U.S. Constitution?

A privilege against self-incrimination

An employer directs his vice-president of marketing to fix prices with their company's competitors. The employee does so.

Both the employee and the employer are liable under these facts.

A grand jury decision will result in a final judgment as to the guilt or innocence of the defendant.

False

Bill has had a problem with vandalism at his business. He rigs up a spring gun at the entryway to his store, so that any after-hours intruder will be shot upon entry. Bill may legally use this deadly force to protect his business.

False

Businesses suffer considerable loss as victims of criminal actions, but businesses cannot be perpetrators of criminal actions.

False

Carelessness or negligence is a form of subjective fault.

False

In a civil case, as few as six jurors are permitted, but there must be 12 jurors in a criminal case.

False

Murder is a mala prohibita type of crime.

False

RICO does not apply to businesses that are engaged in organized crime.

False

RICO provides for criminal penalties, but contains no provision for civil penalties.

False

Robbery and burglary are the same crime.

False

Selling liquor to a minor can result in criminal liability only if the seller intended to sell to an underage person.

False

The Fifth Amendment protects all individuals against unreasonable searches and seizures.

False

The Fifth Amendment would protect a defendant from having to give blood samples to the prosecution, since that could be a form of self-incrimination as interpreted by the courts.

False

The Fifth Amendment would protect a defendant from having to have his photograph taken, since this would be a type of communication.

False

The Sixth Amendment protects persons against self-incrimination, double jeopardy, and being charged with a capital offense except by grand jury indictment.

False

The State may appeal a verdict of "not guilty" if there is an error in the trial.

False

The crime of bribery is committed only when an illegal offer is accepted.

False

The defendant must testify in a criminal proceeding.

False

The elements of embezzlement are included in larceny.

False

The term actus reus refers to the mental intent element of a crime.

False

Under the United States legal system, you are guilty until proven innocent.

False

Unlike larceny, embezzlement requires the intent to permanently deprive the owner of his property.

False

Anita tells Bob that unless Bob pays her $5,000, she will tell his customers that he was once arrested for shoplifting as a teenager. The fact that Bob shoplifted as a teenager is true.

In most jurisdictions Anita has committed the crime of extortion.

The degrees of mental fault in criminal law include which of the following?

Liability without fault, where no requisite mental state or even knowledge of the act is required in some instances

The privilege against self-incrimination extends to which of the following?

None of the above are protected by the privilege against self-incrimination.

Which of the following is found in the Eighth Amendment to the U.S. Constitution?

Protection from excessive bail and A prohibition against cruel and unusual punishment

Paul is working as an undercover drug agent. He enrolls in classes at State University where he meets several students in business administration and invites them to come to his house for a party. No mention is made of any drugs, but he does say he will have a keg of beer. Shortly after his guests arrive, he gets out some marijuana and encourages the group to have some. All of them refuse, except Sam, who has never tried it before. When Sam lights up, Paul arrests him for possession of a controlled substance

Sam can raise the defense of entrapment, because Paul has enticed him to commit a crime he would not have done otherwise

What happens if the police illegally seize evidence in violation of the Fourth Amendment?

The evidence will be excluded from use at trial.

What principle was involved in the Weeks v. United States case?

The exclusionary rule

Which of the following is correct with respect to a grand jury?

The grand jury can issue an indictment if it finds sufficient evidence to justify a trial on the charges alleged.

Bill is the accountant for Cheatam and Sons Co. For many years he has kept two sets of books, one with real figures and another with figures he uses when the IRS audits. When Bill, while working on Cheatam's books, is arrested for fraud, what will happen to the books?

They may be admitted as evidence since the Fifth Amendment does not protect business records

A "bench trial" is one in which the decision is made without a jury.

True

A felony is a more serious type of crime than a misdemeanor.

True

A preliminary hearing is held in a criminal case to determine whether there is probable cause to believe the defendant is the one who committed the crime.

True

All federal crimes are statutory.

True

Although mens rea is a required element for most crimes, many regulatory crimes dispense with it.

True

Computer crimes are so commonplace that an estimated two out of every three copies of software are illegally obtained.

True

Corporations may be held liable for crimes

True

Crimes consist of two basic elements.

True

Duress is a valid defense to larceny, but not to murder.

True

Embezzlement and forgery are considered white-collar crimes.

True

Employers may be subject to criminal penalties for the unauthorized act of a manager who is acting within the scope of employment.

True

If Sherea, a county commissioner, threatened Brent that unless she received a 15 percent interest in his proposed development she would use her influence to prevent approval of the development, she has committed criminal extortion.

True

In a criminal case, the defendant must be tried by jury if he so desires.

True

Mail fraud does not require the victim to be actually defrauded.

True

Robbery is a larceny accompanied by force.

True

Some states still recognize common law crimes.

True

The Federal Organizational Corporate Sentencing Guidelines encourage corporations to adopt a written code of conduct to deter crimes by their employees; compliance can lead to lesser penalties when crimes do occur.

True

The Federal Organizational Corporate Sentencing Guidelines may require restitution to victims of certain corporate crimes.

True

The Sarbanes-Oxley Act created a powerful Accounting Oversight Board with authority to review and discipline auditors.

True

The burden of proof in a criminal trial is "beyond a reasonable doubt."

True

Today most crimes are covered by statutory law rather than by the common law, although many of the crimes in statutory form had their origins in the common law.

True

Torts are civil cases, not criminal cases.

True

Vicarious liability is imposed upon one person for the acts of another.

True

Another name for an indictment is a(n):

True bill

A defendant who is indicted will next be:

arraigned.

At the ____ the accused is informed of the charge and the accused enters a plea

arraignment

At common law, ____ was defined as a breaking and entering of a dwelling house at night with the intent to commit a felony

burglary

Individuals may use reasonable force to protect themselves, their property, and other individuals. In this context, reasonable force would mean:

deadly force is never reasonable to protect property. and deadly force is reasonable if an attack threatens the victim with serious bodily harm.

The improper taking of another's property by one in lawful possession of it, that violates a trust, is:

embezzlement.

XYZ, Inc. has been convicted of bribing public officials. XYZ, Inc. has been convicted of bribing public officials. It is now time for sentencing. Possible sentences include:

fining the corporation.

Losses due to computer crimes are estimated to be:

in the tens of billions of dollars

Cybercrime:

may be categorized based on whether the computer was the instrument or the target of the crime

The criminal intent necessary to commit a crime is known as:

mens rea

A crime that is punishable by a fine or imprisonment in a local jail is a:

misdemeanor

Mark carefully plots a course of action to embezzle $100,000 from his employer, Sue. He is fired before he ever gets a chance to put the plan in action. In cleaning out his desk, Sue finds his plans. Mark is:

not guilty because he did not act on his plan.

Under RICO, a ____ is any of several criminal offenses such as murder, kidnapping, arson, extortion, and drug dealing.

predicate act

The Fourth Amendment to the Constitution:

protects against unreasonable search and seizure.

Two boys held up a liquor store at gunpoint and ran off with a bag of money. The police saw them run into Jill's apartment building where there are only four apartments off a common hall and no apparent way out of the building but the front door. The police knock on Jill's door. She says she's the only one there. The police can:

search the apartment without a warrant because they are in hot pursuit of the fugitive.

Self-defense will NOT protect a person from criminal prosecution if she:

shoots a man who has shoplifted a rare, expensive diamond necklace from her store

The ____ states that the federal government shall provide the accused with a speedy and public trial by an impartial jury.

sixth amendment

If Steve, wanting to protect his warehouse, closes two pit bulldogs inside and they attack and kill an intruder, Steve would be found to have:

subjective fault