Legal Environment of Business Ch. 10

True/False Crimes are sometimes prosecuted by crime victims rather than by a public official.

False

True/False A corporation can refuse to produce business records that might subject the firm to criminal prosecution.

False

True/False A statute that prohibits theft by means of false pretenses usually applies only to goods, not to services or cash.

False

True/False An act of omission cannot be a crime.

False

True/False Bribing foreign officials to obtain favorable business contracts is no crime.

False

True/False In a criminal case, the defendant must convince the court that based on the evidence it is more likely than not that the defendant is not guilty.

False

True/False One of the purposes of criminal law is to compensate the victims.

False

True/False Warrants are required for searches of businesses in highly regulated industries.

False

True/False A person who accesses a computer online without authority to obtain protected data is subject to criminal prosecution.

True

True/False If the evidence of a defendant's guilt was obtained improperly, it normally cannot be used against the defendant in court.

True

True/False In a criminal case, the state must prove its case beyond a reasonable doubt.

True

True/False Most crimes require an act of commission.

True

True/False Phishing is a distinct form of identity theft and cyber fraud.

True

True/False The Computer Access Device and Computer Fraud and Abuse Act prohibits cyber theft.

True

True/False The most potent weapons against white-collar criminals include the federal laws prohibiting mail and wire fraud.

True

Via the Internet, Britta enters false code into the computer control system of Chicken Company, a food maker, to alter the levels of ingredients so that consumers of the food become ill. Britta is a. malware. b. a phisher. c. a cyberterrorist. d. a prosecutor.

a cyberterrorist

Andy causes a disturbance at Brew Pub. He is arrested and charged with disorderly conduct, a crime punishable by imprisonment up to one year. This crime is a. a tort. b. a civil wrong. c. a felony. d. a misdemeanor.

a misdemeanor

Evita, a police officer, wants to search the offices of Debit & Credit, Accountants. She asks Judge Bern to issue a warrant. No warrant for a search can be issued without a. double jeopardy. b. reasonable doubt. c. immunity. d. probable cause

probable cause

Traditionally, the hundreds of thousands of acts defined as criminal in federal, state, and local laws have been grouped into broad categories, including a. private crime. b. property crime. c. public crime. d. personal crime.

property crime

True/False A specified state of mind, or intent, is not necessary to establish criminal liability.

False

Quint, an employee of Reservations Inc. pays Siena, an employee of Reservations' competitor Travel Inc., for a list of Travel's clients. This is most likely a. no crime. b. commercial bribery. c. bribery of a public official. d. bribery of a foreign official

commercial bribery

Riley commits an act via e-mail against State Bank, a business in Texas, where the act is a cyber crime. Riley resides in Utah where the act is not a crime. Prosecution of Riley in Texas involves questions of a. the immunity of Internet service providers. b. "maximum contacts." c. jurisdiction. d. encryption

jurisdiction

Bud works at a Cheap Stuff Store from which, without authorization, he takes merchandise that he has not paid for home for his own use. This is a. no crime. b. embezzlement. c. robbery. d. larceny.

larceny

Esau works for Family Dwellings Inc., an investment firm that buys, renovates, and rents foreclosed houses. Esau steals his employer's digital files to start his own competing business, Good Homes LLC. This is a. no crime. b. wire fraud. c. robbery. d. larceny

larceny

Kim takes off her ring and places it on her desk while she works. Without her knowledge or consent, her coworker Lum picks up the ring, puts it on, and walks away. Lum has likely committed a. no crime. b. robbery. c. larceny. d. embezzlement

larceny

Luz is an employee of Motor Parts, an auto parts store. On the orders of his employer, he switches trademarks on parts that come into the store to be sold to consumers. This is most likely a. forgery. b. robbery. c. no crime. d. larceny

forgery

Raul uses social media to post links that, when clicked, secretly install software on others' computers without the owners' knowledge Raul's software is designed to harm or disrupt the computers. This program is a. entrapment. b. malware. c. a phish. d. larceny

malware

Posing as eBank, Frank e-mails Grace, asking her to update her credit-card information through a link in the e-mail. She clicks on the link and types in the data, which Frank promptly sells to Hector. This is a. phishing. b. no crime. c. hacking. d. cyberterrorism.

phishing

A speedy trial, a trial by jury, a public trial, and the right to confront witnesses are guaranteed by a. the Fourth Amendment. b. state law, not the U.S. Constitution c. the Sixth Amendment. d. the Fifth Amendment.

the Sixth Amendment

Franny is charged with a crime. Almost all federal courts and some state courts would not hold Franny liable if, at the time of the offense, as a result of a mental disease or defect, she lacked substantial capacity to obey the law and to appreciate a. the authority of the court. b. the power of the police. c. the fruits of his crime. d. the wrongfulness of her conduct

the wrongfulness of her conduct

Khan, the owner of Lakeside Park, trusts Moira to manage the resort's daily cash flow. One night, without Khan's knowledge or consent, Moira takes and keeps $1,000 from the receipts. This is most likely a. embezzlement. b. larceny. c. no crime. d. robbery

embezzlement

Olinda, an employee of People's Bank, deposits into her account checks entrusted to the bank through its ATM system by customers to deposit into their accounts. This is a. embezzlement. b. larceny. c. robbery. d. wire fraud.

embezzlement

Bruno buys and sells stocks and bonds. Bruno may be subject to penalties under the Racketeer Influenced and Corrupt Organizations Act a. for the commission of securities fraud. b. only if the situation involves a "racket." c. for making an unprofitable, but legal, investment. d. only in the circumstances constitute organized crime.

for the commission of securities fraud

Chic signs Del's name, without authorization, to the back of Del's paycheck, which was issued by Earth Foods Market. This is a. no crime. b. larceny. c. robbery. d. forgery.

forgery

Hua is arrested at a warehouse in Industry Park and is charged with the crime of theft. Hua will be prosecuted by a. a district attorney or an attorney general. b. a judge. c. the victim of the crime. d. a jury.

a district attorney or an attorney general

Sam, driving under the influence, causes a car accident that results in the death of Tanya. Sam is arrested and charged with a crime punishable by imprisonment for more than a year. This crime is a. a felony. b. a misdemeanor. c. a tort. d. a civil wrong

a felony

Enrique accesses Finance Bank's computer system without authority to obtain protected financial records. Under federal law, this is a. a crime but not a felony. b. a felony if the bank brings a civil suit against Enrique. c. not a crime. d. a felony if it was done for a commercial purpose.

a felony if it was done for a commercial purpose

True/False A state's prosecution of a crime prevents a separate federal prosecution relating to the same activity.

False

True/False The attempt to influence a public official to act in a way that serves a private interest is no crime.

False

True/False To constitute the crime of bribery, the bribe must consist of money.

False

Kohl receives from Lily a camera stolen from Mark. Kohl knows that the camera is stolen, and he intends to keep it. Kohl is a. civilly liable. b. criminally liable. c. tortiously liable. d. contractually liable

criminally liable

Honi puts up a collection of sports memorabilia for bids on InstaBuy, an auction website. Jay makes the highest bid and sends the payment, which Honi receives, but she does not send the collection. This is a. cyber fraud. b. no crime. c. identity theft. d. phishing

cyber fraud

Dean solicits investors for a nonexistent business, eApps. Dean is arrested and charged with "mail fraud." This requires intent to a. defraud postal authorities. b. claim that an item is "in the mail" when it is not. c. defraud the public. d. use the U.S. mail

defraud the public

Seymour is accused of a crime. To obtain information about the crime from Seymour, the state can a. none of the choices. b. grant Seymour immunity from prosecution. c. bribe Seymour in a way that serves the public interest. d. force Seymour to provide information that can be used to prosecute him.

grant Seymour immunity from prosecution

Lloyd is accused of a crime. Evidence of his allegedly criminal activities can be excluded from a trial a. if the evidence will be used to prosecute him. b. if the evidence is "fruit of the poisonous tree." c. under no circumstances. d. if the police do not promise to keep the evidence confidential

if the evidence is "fruit of the poisonous tree."

Dru e-mails Ester, promising her a percentage of the amount in a foreign bank account if she will assist in transferring the funds to a U.S. bank account. Ester forwards her account number, but the funds are never sent. Instead, Dru quickly withdraws the funds in Ester's account. This is a. phishing. b. hacking. c. no crime. d. identity theft.

phishing

True/False An illegal act committed by a business using nonviolent means to obtain a business advantage is a white-collar crime.

True

True/False Every criminal statute prohibits certain behavior.

True

Beau devises a scheme to send fraudulent e-mails—claiming that an arrest warrant has been issued for non-payment of taxes—to individual taxpayers. By these false pretenses, Beau intends to obtain money and personal data. This is a. no crime. b. wire fraud. c. robbery. d. larceny

wire fraud

True/False All courts use the same test for legal insanity.

False

True/False Embezzlement includes the making or altering of any writing in a way that changes the legal rights and liabilities of another.

False

True/False In a criminal case, typically only three-fourths of the jurors need to agree in order to convict the defendant.

False

True/False It is not a crime to use income obtained from racketeering activity to buy an interest in a legitimate enterprise as long as the deal is otherwise legal.

False

True/False Larceny involves force or fear, but robbery does not.

False

True/False Malware is a hacker whose purpose is to create a serious negative impact.

False

True/False A crime is punishable, in some cases, by death.

True

True/False A mistake of fact can often excuse criminal responsibility.

True

The Racketeer Influenced and Corrupt Organizations Act is an effective tool in attacking a. certain white-collar crimes. b. criminal activities occurring online. c. businesspersons who use bribery to secure foreign contracts. d. defenses that excuse criminal behavior

certain white-collar crimes

Rosa, who operates a Street Tacos restaurant in her apartment, is charged with criminal violations of the local health and building codes, state license regulations, and federal environmental statutes. To obtain a conviction, the prosecution must a. convince the court it is more likely than not that the charges are true. b. show the evidence as reasonably permitting a guilty verdict. c. persuade three-fourths of the jurors to agree on a guilty verdict. d. prove beyond a reasonable doubt that Rosa committed every essential element of an offense.

prove beyond a reasonable doubt that Rosa committed every essential element of an offense

Beca, a computer operator for Cloud Corporation, is arrested in her employer's parking lot on suspicion of larceny. Beca must be informed of her right to a. punishment. b. question witnesses. c. a trial by jury. d. remain silent

remain silent

Bert pushes Connie to the ground, grabbing her phone as she falls. The use of force or fear is required for this act to constitute a. embezzlement. b. larceny. c. any crime. d. robbery.

robbery

Niles enters Omelet Café and points a gun at the cashier Pico. Niles forces Pico to open the register and give him all the money. Niles will most likely be charged with a. larceny. b. receiving stolen property. c. obtaining property by false pretenses. d. robbery.

robbery

Syd offers Tina, a city inspector, money to overlook health code violations in his restaurant. Tina accepts the money and overlooks the violations. Syd is charged with the crime of bribery. The crime occurred when a. the health code was violated. b. the bribe was accepted. c. the violation was overlooked. d. the bribe was offered

the bribe was offered

Zoey is accused of auto theft. She refuses to give information related to her alleged criminal activities because she suspects it will be used to prosecute her. This is a. a mistake of fact. b. entrapment. c. the privilege against self-incrimination. d. ignorance of the law.

the privilege against self-incrimination