Business Law Chapter 6

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

True

Corporations may be held liable for a crime.

True

If Gene mistakenly hits Audrey with his truck and kills her, when he intended to hit and kill Cerise, his intent to kill Cerise is transferred to Audrey, regardless of whether he even knew Audrey, for the purpose of fulfilling the mental element of the crime.

True

Misdemeanors are less serious crimes punishable by a fine or imprisonment in a local jail.

True

Robbery is a larceny accompanied by force or a threat of force.

True

The Fifth Amendment protects a defendant from double jeopardy.

True

White-collar crime is defined as a nonviolent crime usually involving deceit, corruption, or breach of trust.

True

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. a. In most jurisdictions Anita has committed the crime of extortion. b. Anita has committed the crime of defamation. c. Anita has committed the crime of bribery. d. In all jurisdictions in the United States, Anita would have to have received the money from Bob to be charged with a crime.

a. In most jurisdictions Anita has committed the crime of extortion.

What happens if the police illegally seize evidence in violation of the Fourth Amendment? a. The evidence will be excluded from use at trial. b. The defendant's arrest is nullified. c. The defendant is entitled to another trial. d. The defendant will be paid for the expenses of his defense.

a. The evidence will be excluded from use at trial.

The Sarbanes-Oxley Act has all but which of the following provisions? a. Creating a five-person Accounting Oversight Board with authority to review and discipline auditors. b. Creating severe civil and criminal penalties for enterprises that engage in the commission of two or more predicate acts within a period of ten years. c. Increasing the penalties for existing federal crimes and creating new criminal offenses. d. Adding new financial disclosure requirements.

b. Creating severe civil and criminal penalties for enterprises that engage in the commission of two or more predicate acts within a period of ten years.

Paul, a police officer, is working as an undercover drug agent. He enrolls in classes at the local 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 offers it to the group. All of them refuse except for Sam, who has never tried it before. When Paul encourages Sam to try it and Sam lights up the joint, Paul arrests Sam for possession of a controlled substance. a. Sam is clearly guilty as charged. b. Sam can raise the defense of entrapment and argue that Paul has enticed him to commit a crime he would not have done otherwise. c. Sam can use the defense of duress. d. Sam can use the Fourth Amendment to exclude the marijuana as evidence that has been illegally seized.

b. Sam can raise the defense of entrapment and argue that Paul has enticed him to commit a crime he would not have done otherwise.

An employer directs his vice-president of marketing to fix prices with their company's competitors. The employee does so. Under these facts: a. only the employee is liable. b. both the employee and the employer are liable. c. only the employer is liable. d. neither the employee nor the employer is liable.

b. both the employee and the employer are liable.

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: a. search the apartment without a warrant because Jill voluntarily answered the door. b. search the apartment without a warrant because they are in hot pursuit of the thieves. c. not search the apartment, because they have no reason to believe that the boys are in Jill's apartment rather than the others. d. not search the apartment because voluntary consent to enter is necessary.

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

How much force may an individual use to protect her property? a. As much as is necessary. b. Deadly force. c. Reasonable force, but not deadly force. d. All of the above are correct.

c. Reasonable force, but not deadly force.

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 will use in case the IRS audits. When Bill, while working on Cheatam's books, is arrested for fraud, what will happen to the books? a. They are privileged communications and therefore inadmissible as evidence against Bill. b. They are protected by the Fifth Amendment and therefore are inadmissible. c. They may be admitted as evidence since they were taken pursuant to a valid arrest. d. They may be admitted as evidence only if Bill consented to a search of his offices.

c. They may be admitted as evidence since they were taken pursuant to a valid arrest.

The defense of entrapment arises when: a. a law enforcement official induces a person to commit a crime whether that person, under ordinary circumstances, would have done so or not. b. any person induces any other person to commit a crime when the person induced would not ordinarily have done so. c. a police officer or other government official or agent acts to induce an individual to commit a crime when that individual would not ordinarily have done so. d. law enforcement officials act aggressively to prevent a crime.

c. a police officer or other government official or agent acts to induce an individual to commit a crime when that individual would not ordinarily have done so.

A defendant who is indicted will next be: a. jailed. b. tried. c. arraigned. d. prosecuted.

c. arraigned.

The Fourth Amendment to the Constitution: a. requires a speedy trial. b. prevents double jeopardy. c. prohibits unreasonable search and seizure. d. All of the above.

c. prohibits unreasonable search and seizure.

A warrant is required for a search by the police except where: a. the police are in hot pursuit of a fugitive. b. voluntary consent is given to the search. c. evidence of a crime is in plain view of the police officer. d. All of the above.

d. All of the above.

Bryant knowingly destroyed documents in order to impede an SEC investigation of his company. Under the Sarbanes-Oxley Act: a. Bryant is subject to fines. b. Bryant is subject to imprisonment of up to 20 years. c. only Bryant's company, rather than Bryant, will be subject to criminal penalties. d. Both (a) and (b).

d. Both (a) and (b).

The privilege against self-incrimination extends to which of the following? a. Providing a handwriting sample. b. Appearing in a line-up for identification purposes. c. Taking a blood test after an accident. d. None of the above are protected by the privilege against self-incrimination.

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

Tyler is self-employed and alters some receipts so he will show more expenses and therefore have a greater total of income tax deductions. Tyler has: a. committed the crime of extortion. b. engaged in securities fraud. c. engaged in no criminal activity. d. committed the crime of forgery.

d. committed the crime of forgery.