Business Law Chapter 7 Quiz

An employer's failure to remit state withholding taxes that were collected from employee wages cannot constitute a crime.

False

Falsifying public records or altering a legal document is larceny.

False

In a criminal case, the state must prove its case by a preponderance of the evidence.

False

No federal statute specifically addresses cyber crime.

False

Racketeering is a single crime—engaging in financial transactions to conceal the identity, source, or destination of illegally gained funds.

False

The crime of theft requires only the taking of another person's property, not the awareness that the property belongs to another.

False

The federal criminal code lists more than four thousand criminal offenses, all of which require a specific mental state.

False

The only defense to criminal liability that justifies the use of force is self-defense.

False

The sanctions imposed on criminal wrongdoers are the same as those applied in civil cases.

False

The theft of trade secrets is a civil wrong but not a crime.

False

Under the Fourth Amendment, general searches through a person's belongings are permissible.

False

A company takes a risk by electronically storing their online customers' credit-card numbers.

True

Corporate officers and directors may be held criminally liable for the actions of employees under their supervision.

True

For most crimes, the state must initiate prosecution within a certain number of years after the crime occurs.

True

If a person in custody is to be subjected to interrogation, he or she must first be informed in clear and unequivocal terms that he or she has the right to remain silent.

True

In a phishing attack, a perpetrator "fishes" for financial data and passwords from consumers by posing as a legitimate business.

True

In the event of a RICO violation, the government can seek the divestiture of a defendant's interest in a business.

True

Once immunity is given, a person has an absolute privilege against self-incrimination and can no longer refuse to testify on Fifth Amendment grounds.

True

One element that normally must exist for a person to be convicted of a crime is the performance of a prohibited act.

True

The crime of bribery occurs when the bribe is offered—it is not required that the bribe be accepted.

True

Ajay sells "Bulk Up" steroids over the Internet. He is arrested and charged with the sale of a controlled substance. This is cyber crime, which is

a crime that occurs in the virtual community of the Internet

Quiana, an employee of Reservations for Less, Inc., pays Svetlana, an employee of Reservations for Less' competi¬tor Travel Cheap, Inc., for a secret Reservations for Less pricing schedule. This may be

commercial bribery.

Via the Internet, Porcio sabotages the computer system of Quik Chik'n Company, a fast-food restaurant operator, to alter the ingredients in the company's recipes and products so that consumers of the foods become ill. Porcio is a

cyberterrorist

Dreyfus points a gun at Eton, threatening to shoot him if he does not steal from his employer, Freddy's Gas & Shop store, and give the stolen funds to Dreyfus. Charged with theft, Eton can successfully claim, as a defense

duress

Kimberly, the owner of Littleton Cinema, trusts Max to manage the theater's daily cash flow. One night, without Kimberly's knowledge or consent, Max takes and keeps $1,000 from the receipts. This is most likely

embezzlement

Megan reaches into Ned's pocket and takes his wallet—without his consent and without his immediate awareness. Unlike robbery, picking pockets does not involve

force or fear

Laird 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

forgery

Farouk uses his computer to break into Global Financial Center's computer. Farouk is a

hacker

Posing as Platinum Bank, Quentin e-mails Rachel, asking her to update her personal banking information through a link in the e-mail. She clicks on the link and types in the data, which Quentin promptly sells to Spence. This is

identity theft.

Skip is accused of a crime. Skip can refuse to provide information about his allegedly criminal activities

if he suspects the information will be used to prosecute him.

Owen uses the Internet to defraud Prairie Valley Credit Union. He is found guilty of wire fraud. He can be punished by

imprisonment for up to thirty years and fines of up to $1 million.

Landon is arrested at a warehouse in Metro Corporate Park. A government prosecutor issues a formal charge against Landon for receiving stolen property. This charge is an

information

Leslie commits an act via e-mail against Money Investment Company, a business in New York, where the act is a cyber crime. Leslie resides in Ohio, where the act is not a crime. Prosecution of Leslie in New York involves questions of

jurisdiction

Eartha receives from Fergie a guitar stolen from Harper. To be criminally liable, Eartha must

know that the guitar is stolen.

Reno, driving while intoxicated, causes a car accident that results in the death of Santo. Reno is arrested and charged with a felony. A felony is a crime punishable by death or imprisonment for

more than one year

Klay arrests Leonida on suspicion of embezzlement. According to the United States Supreme Court in Case 7.3, Miranda v. Arizona, Leonida must be apprised of certain constitutional rights

prior to any police interrogation.

Nini, a police officer, wants to search the offices of Operational Business Corporation. She asks Judge Pearl to issue a warrant. Under the Fourth Amendment, no warrant for a search can be issued without

probable cause.

Maura enters a gas station and points a gun at the clerk Nate. She then forces Nate to open the cash register and give her all the money. Maura can be charged with

robbery.

Gem programs software to prompt a computer to continually crash and reboot. Gem intends to install this program on various companies' computer systems without the companies' knowledge. The program can reproduce itself, but must be attached to a host file to travel from one computer network to another. This program is a

virus

Chaz uses his computer to secretly install software on thousands of personal computers without their owners' knowledge. The program can reproduce itself and spread from one computer to another via any USB port. This program is a

worm