Quiz Chapters and 8-10

Which of the following has not been adopted as a strategy to diminish the problem of corrupting of regulatory agencies?

Prohibiting people with knowledge of the industry to be regulated from being hired by regulatory agencies

The Fourteenth Amendment was originally introduced in the 19th century to protect which of the following groups?

Recently emancipated slaves

Which argument has not surfaced in the contemporary debate over economic regulation?

Regulation decreases unemployment

Which of the following American presidents was most associated with a movement towards deregulation of the market?

Ronald Reagan

Which of the following regulatory agency styles displays the greatest proactive initiative and technical competence?

Service

The single most famous antitrust act, passed in 1890, was the _____ Ac

Sherman

Which of the following has not functioned to discourage substantial police involvement with white collar crime?

The determination by the police that far less harm results from white collar crime.

Which of the following factors does not hinder the involvement of local police departments in white collar crime cases?

The fact that officers are not aware that white collar crime is a problem

When regulatory agency officials with a pro-industry bias are appointed to office, or can anticipate lucrative private industry careers following government service, the situation is known as which of the following?

agency capture

____holds a corporation quite directly responsible for harmful consequences when it can be shown that the collective actions of various corporate managers and employers taken together establishes responsibility.

aggregated fault

The Inspectors General:

are attached to a variety of government departments and agencies, and conduct internal audits and investigations

Which of the following could be described as the overriding objective of antitrust law?

Abolish monopolies and insure competition.

Corporate offenders who are viewed as deliberately breaking laws to maximize profit are regarded by agency personnel as which of the following?

Amoral Calculators

According to the text, in countries with a civil law system, the corporation has traditionally been seen as which of the following?

An aggregate of individuals

The first known laws directed at commercial transactions date back to which of the following periods?

Ancient Mesopotamia

The laws adopted in the early 20th century which regulated the meat industry but were also supported by the large meatpackers are especially well-explained by which of the following perspectives on lawmaking?

Dialectical

The first major period of federal regulatory expansion at the beginning of the 20th century was inspired by which of the following?

Populist sentiments against the abuses of big businesses

Which of the following is the basic rationale for the Federal Trade Commission?

Prevent unfair competition and anticompetitive mergers

The federal agency given the authority to pursue and capture white collar crime fugitives is the:

U. S. Marshals Service

_____ also have the responsibility of disposing of seized assets in white collar crime cases.

U.S. Marshals

Which of the following was the reason Richard Nixon was not charged and tried for offenses related to the Watergate scandal?

A Presidential pardon, which is an executive branch power

Those who de-emphasize the differences between criminal law and civil law in responding to white collar crime stress all but which of the following points?

Both branches of law follow identical procedures

Which of the following is a product of appellate court opinions?

Case law

The Commerce Clause, which authorized Congress to make laws regulating commerce between the states, is an example of which of the following types of law?

Constitutional law

The U. S. Postal Inspection Service is most likely to be involved with investigating which of the following types of crime?

Contrepreneurial

The adoption of the Occupational Safety and Health Act can be attributed to all but which of the following factors?

Corporate management's perception that it could profit from such an act

The U.S. Customs Service investigates all but which of the following activities?

Counterfeiting of foreign currency

According to John Coffee, criminal law differs from civil law in which of the following ways?

Criminal laws are legislative acts, but the civil law is largely judge-made

Full implementation of environmental protection laws has been constrained by all but which of the following?

Declining public concern about environmental harm.

Which of the following is not a way in which the executive branch contributes to the "making" of white collar crime law?

Determining the specific language of the law

During the half-century period in which Edgar Hoover was its director, the F.B.I.:

accorded rather little attention to white collar crime

Which of the following is a prosecutorial problem under the identification theory, which requires proof of higher authority if the corporation itself is to be held liable?

Establishing that the corporate actors who carried out the illegal activity were at a high enough level to be said to be acting for the corporation

The policing force which is most involved with investigating white collar crime operates at which of the following levels?

Federal

The Administrative Procedure Act, enacted in 1946, was intended to do which of the following?

Impose some constraints on administrative agency powers, and provide guidelines for its procedures

Traditionally, the mechanisms of social control have focused on which of the following?

Individuals

During the Reagan era of the 1980s, the OSHA relied most heavily on which of the following?

Inspections

The view that law in a capitalist society reflects the direct control of the elite class over the state is most consistent with which of the following perspectives?

Instrumentalist

Which of the following federal agencies has used its criminal investigative division's forensic crime lab to help solve many white collar crimes?

Internal Revenue Service

Which of the following was the first federal regulatory agency specifically directed toward overseeing potentially harmful corporate activity?

Interstate Commerce Commission

Which statement about the Racketeer Influenced and Corrupt Organization (RICO) Act is true?

It has been applied to a range of white collar offenders

Which of the following is not a way in which the regulatory justice system tends to differ from the criminal and civil justice systems?

It has the least likelihood of being involved with alleged business wrongdoing

Which of the following is true of corporate criminal liability?

It is largely a 20th-century phenomenon

According to the text, which of the following is true of the role played by corporate boards in self-regulation?

It is supposed to be an active one, but is often unsatisfactory

Which of the following is a basic limitation on the effectiveness of the Food and Drug Administration (FDA)?

It often does not carry out tests directly

Which of the following has not been advanced as a criticism of RICO

It places defense attorneys at a great advantage relative to prosecutors, due to weak enforcement provisions

Which of the following statements about self-regulation is true?

It plays an especially important role in the professions

Which of the following most accurately describes Edwin Sutherland's position on the use of white collar crime as a term?

It should be applied to white collar harm prohibited by criminal, civil or administrative law

Yeager's study of the Environmental Protection Agency found evidence of a strong structural bias in the regulatory process which favors which of the following?

Larger, more powerful corporations

Which of the following statements about the influence of business interests white collar crime laws is not true?

Lawmakers are most typically former businessmen themselves

Which of the following statements was true of England in the feudal and late medieval periods?

Laws protecting consumers and prohibiting unfair market practices gradually emerged

Which of the following provisions was not included in The Sarbanes-Oxley Act of 2002?

Less oversight duties for corporate fraud

According to the text, which of the following is true?

Many of the worst white collar crimes were committed by the powerful who did not have incentives to impose formal controls on their own predatory practices

Stuart Green has demonstrated how which of the following inform different types of white collar crime law?

Moral concepts

Which of the following is not a function of federal regulatory agencies?

Operation of jury trials

Which of the following statements about the status of corporations as juristic persons is true?

Some critics argue that corporations, or juristic persons, should be stripped of the rights of natural persons

The view that white collar crime law is implemented by the state because it helps sustain the system and "legitimates" the state in the eyes of the general population is most consistent with which of the following perspectives?

Structuralist

In the 1970s, the F.B.I. was revealed to have engaged in all but which of the following forms of illegal or improper conduct?

Systematic agency cooperation with Soviet spies

The Security and Exchange Commission (SEC) was founded as a response to which of the following?

The 1929 stock market crash

The Environmental Protection Agency's reach expanded significantly during which of the following decades?

The 1970s

Federal criminal prosecutions in white collar crime cases are initiated by which of the following?

The Department of Justice or U.S. Attorneys

Which of the following regulatory agency was accused of scandalous misconduct during the Reagan administration, leading to the criminal conviction and imprisonment of a political appointee to the agency?

The Environmental Protection Agency

Which of the following acts called for increased oversight duties for corporate fraud, and required corporate executives to personally certify corporate financial statements?

The Sarbanes-Oxley Act of 2002

Which of the following statements about the application of criminal laws to harms committed by businesses is true?

The proper lines of demarcation between acceptable and unacceptable practices have not been self-evident to all

Which of the following is true of the American Bar Association standards on legal ethics?

They appear to simultaneously prohibit attorney participation in client misconduct while discouraging attorney investigation of client activities

Which of the following statements about administrative agencies is true?

They have broad policy-making powers which have delegated to them

Which of the following is not a way in which regulatory rules differ from criminal laws?

They have sanctions associated with their violation

According to the text, which of the following is the primary reason businesses support regulatory law?

They realize that they can benefit from an increase in public trust or a more stable and predictable business environment

According to Braithwaite and Fisse, which of the following is not a common reason that corporations expend resources to police themselves?

They want to be seen as the moral leader in their respective economic sector

The imputation theory, which holds that the corporation is liable for the intent and acts of its employees on any level in the corporate hierarchy, was originally developed via which form of law?

Tort

In the 17th and 18th century employee theft, embezzlement, and related acts:

became the targets of specific criminal laws

The text characterizes the 19th century in America as a period during which:

contradictory forces allowed businesses and enterprises much freedom, but certain harmful business practices were addressed by the law

When accountants, lawyers, and other parties fail to prevent corporate crime its referred to as:

gatekeeper failure

The respondeat superior rule does not ascribe corporate criminal responsibility when an agent:

has personally profited from the crime

The U. S. Secret Service is most likely to be involved with investigating white collar crimes that:

involve counterfeiting of U.S. currency

Private policing:

is often oriented toward avoiding criminal prosecution of matters it investigates

Since the 1980s, government prosecutors have:

more aggressively pursued the position that lawyers who advised clients engaged in on-going massive frauds are themselves responsible

The Occupational Safety and Health Administration is:

one of the most controversial federal regulatory agencies

The administrative agencies can be best described as:

operating like a mixture of the executive, legislative and judicial branch

The doctrine of ultra vires held that

orporations cannot be held responsible for executive actions not authorized by their corporate charter

The famous Carrier's case of 1473 in England:

provided a foundation for the modern law of theft, and a precedent for laws prohibiting employee theft

U. S. Marshals Service

pursues only a very small proportion of cases as criminal cases

White collar crime has been an especially dynamic area of law since:

the 1970

Adam Smith, the premier philosopher of capitalism, took the position that:

the free market and not the legal system is the best and most efficient means for preventing or minimizing harmful conduct by businesses

The traditional standard for auditors is that:

they are responsible for detecting managerial misrepresentations that would produce misleading financial statements, if detected by generally accepted auditing practices

Protective legislation for working conditions:

was principally adopted only from 1970 on