LAW 3220 Ch5 Questions

A serious crime is a: a. felony b. misdemeanor c. stare decisis d. tort e. bankruptcy

a. felony

Victimless crimes can be: a. felonies or misdemeanors b. only felonies c. only misdemeanors d. tried in special courts e. none of the other specific choices are correct

a. felonies or misdemeanors

In Commonwealth v. Angelo Todesca Corp. where Angelo Todesco Corporation was charged with motor vehicle homicide after an employee accidentally killed a police officer with a dump truck, the Massachusetts supreme court held that: a. a corporation may be criminally liable for violation of a traffic statute b. a corporation may not be criminally liable for violation of a traffic statute c. an individual may not be criminally liable for violation of a traffic statute d. an individual may not be civilly liable for a violation of a traffic statute e. none of the other choices are correct

a. a corporation may be criminally liable for violation of a traffic statute

An actus reus is: a. a wrongful deed b. a nice deed c. an active deed d. a civil crime e. a civil violation

a. a wrongful deed

A settlement conference is: a. an attempt to resolve a matter without trial and without a judge b. an attempt to pay off the defendant c. an attempt to resolve a matter without trial, but under the supervision of a judge d. an attempt to offer the prosecution money to make them drop the case e. none of the other choices are correct

a. an attempt to resolve a matter without trial and without a judge

Failing to file a suspicious activity report: a. can lead to both civil and criminal penalties b. can only lead to civil penalties c. can only lead to criminal penalties d. cannot lead to more than one penalty, regardless of the number of violations e. none of the other choices are correct

a. can lead to both civil and criminal penalties

A positive or negative act that is an offense against a state or federal government is a(n): a. crime b. stare decisis c. offensive gesture d. offensive action e. illegal action

a. crime

Mens rea is: a. criminal intent b. criminal guilt c. final judgment d. thoughtful crime e. none of the other choices are correct

a. criminal intent

After receiving reports from the police or other investigators prosecutors: a. decide whether or not to bring charges b. decide who is guilty c. decide how much the guilty party should be fined d. decide who will represent the plaintiff e. none of the other choices are correct

a. decide whether or not to bring charges

Criminal codes: a. define the scope of offenses against the public b. define the scope of offenses against defendants c. define the scope of defenses against the public d. define the scope of offenses minors can commit e. define the scope of defenses that may be used in court

a. define the scope of offenses against the public

Crimes and punishments are: a. determined by statues passed by federal and state legislatures b. determined by statues passed by federal and state courts c. determined by statues passed by federal and state judges d. determined by statues passed by state executives e. determined by statues voted on by federal executives

a. determined by statues passed by federal and state legislatures

A grand jury: a. determines probably cause b. reviews past felony cases c. determines guilt d. determines how long the trial will take e. none of the other choices are correct

a. determines probably cause

Under the exclusionary rule: a. improperly gathered evidence may not be used at trial b. properly gathered evidence is categorized by type c. improperly gathered evidence is permitted if it is crucial to the case d. improperly gathered evidence is permitted only under special circumstances e. none of the other choices are correct

a. improperly gathered evidence may not be used at trial

The Sentencing Guidelines were created to: a. make sentencing consistent across the country b. prevent favoritism to state residents in cases with out-of-state residents c. make sentencing consistent within each state, but not across the whole country d. prevent bias against foreign companies e. none of the other choices are correct

a. make sentencing consistent across the country

It is difficult to keep politics out of decisions about which crimes to prosecute because: a. many state and local prosecutors are political positions b. many state prosecutors have been shown to take bribes c. many police fail to report crimes d. judges are worried about getting reelected e. none of the other choices are correct

a. many state and local prosecutors are political positions

A felony is generally defined as a crime that: a. may be punished by more than a year in prison b. may be punished by the possibility of time in prison, not just a fine c. violates a federal statute punishable by up to life in prison d. is classified as a class A offense of a state or federal statute e. none of the other choices

a. may be punished by more than a year in prison

A crime that is punishable by less than a year in prison is a(n): a. misdemeanor b. felony c. assault d. tort e. none of the other specific choices are correct

a. misdemeanor

Under the Constitution, any exculpatory evidence: a. must be disclosed to the defendant b. must not be disclosed to the defendant c. must be disclosed to the judge before the trial d. must be formally written e. must be recorded in front of a notary

a. must be disclosed to the defendant

Probable cause is: a. necessary to obtain a warrant b. not necessary to obtain a warrant c. important for the defense d. cause for exclusion e. none of the other choices are correct

a. necessary to obtain a warrant

Criminal acts: a. need not be planned b. must be premeditated c. must be tried within a month of being. committed d. must be tried by at least 5 judges e. need not be illegal

a. need not be planned

Nolo contendere means: a. no contest b. guilty c. innocent d. contested e. none of the other choices are correct

a. no contest

In a victimless crime: a. no other party is injured b. only one other party is injured c. there are no fatalities, but there can be injuries d. there are no minors involved e. none of the other specific choices are correct

a. no other party is injured

A violent crime is: a. one in which physical force is used b. one in which no physical force is used c. one in which no other party is harmed d. one in which no minors are involved e. none of the other choices are correct

a. one in which physical force is used

Criminal law is: a. primarily made up of statutes passed by Congress and state legislatures b. primarily from common law c. primarily from British law d. primarily made up of statutes derived from International law e. primarily made up of laws adapted from civil law

a. primarily made up of statutes passed by Congress and state legislatures

Unjust searches are unlawful because they are violations of: a. privacy interests b. the First Amendment c. the Second Amendment d. property interests e. monetary interests

a. privacy interests

Misdemeanors, by definition, may: a. result in jail time b. result only in a fine c. be classified as a Class C felony d. not involve harm to persons, only to property e. none of the other choices

a. result in jail time

A grand jury: a. reviews potential felony cases b. reviews past felony cases c. reviews potential civil cases d. reviews past civil cases e. none of the other choices are correct

a. reviews potential felony cases

Federal and state constitutions: a. set limits on crimes and punishments b. limit the determination of what civil laws are c. increase federal power at the expense of personal freedom d. set limits on how many charges may be brought against a business e. none of the other choices are correct

a. set limits on crimes and punishments

If the government can prove beyond a reasonable doubt that 1) the accused committed the illegal act, and 2) that there was necessary intent or state of mind to commit the act then: a. the accused will be convicted of the crime b. the accused might be convicted of the crime c. the plaintiff will lose the case d. the case may go to trial e. the accused will not get a lawyer

a. the accused will be convicted of the crime

If the chain of custody is broken when gathering evidence for a criminal case: a. the evidence is excluded b. the evidence is kept under special consideration c. the evidence is more powerful d. the evidence is less useful to the prosecution e. the evidence is less useful to the defendant

a. the evidence is excluded

In Bridge v. Phoenix Bond, where Phoenix Bond sued Bridge for filing false documents related to tax lien purchases, the Supreme Court held that: a. the plaintiffs could state a claim as victims of the fraud and sue under RICO b. the plaintiffs could not state a claim as victims of the fraud and sue under RICO c. RICO did not apply to the case d. RICO is unconstitutional e. none of the other choices are correct

a. the plaintiffs could state a claim as victims of the fraud and sue under RICO

The Supreme Court has held that the Sentencing Guidelines: a. are unconstitutional b. are advisory c. must be followed closely in criminal cases d. must be followed closely in cases of crimes by corporations e. none of the other choices

b. are advisory

In Bridge v. Phoenix Bond, where Phoenix Bond sued Bridge for filing false documents related to tax lien purchases, the Supreme Court held that: a. RICO's text provides a basis for imposing a first-party reliance requirement b. RICO's text provides no basis for imposing a first-party reliance requirement c. RICO is unconstitutional d. RICO does not apply under these circumstances e. none of the other choices are correct

b. RICO's text provides no basis for imposing a first-party reliance requirement

Each state has both: a. a criminal code and a friendly code b. a federal criminal code and a state criminal code c. a civil code and a free code d. a civil code and a law code e. a federal criminal code and a county criminal code

b. a federal criminal code and a state criminal code

You are arrested by the police, who suspect you of a crime: a. the police decide if you will be charged with a crime b. a government prosecutor will decide if you will be charged with a crime c. a judge will decide if you will be charged with a crime d. the police review board decide if you will be charged with a crime e. none of the other choices

b. a government prosecutor will decide if you will be charged with a crime

For the police to use a warrant to search for evidence they think may exist that is relevant to a suspected criminal act: a. the chief of police must issue a warrant for the officers to use b. a judge must issue a warrant based on probable cause c. no warrant is needed if the police determine probable cause exists d. the district attorney must issue the police a warrant e. none of the other choices

b. a judge must issue a warrant based on probable cause

As discussed in the chapter, which would be the best definition of crime: a. an act that violates the right of another citizen or group of citizens b. a positive or negative act that is an offense against a state or federal government c. an act that "shocks the conscience of the court" d. an offense against rules of behavior prescribed in the constitution of a state or the nation e. none of the other choices

b. a positive or negative act that is an offense against a state or federal government

The use of whistleblower "hotlines" that allow employees to report possible legal problems with a company anonymously: a. violate Fourth Amendment search and seizure rules b. are used in the U.S. c. are used in France and other European countries, which is where the practice began d. are used in both the U.S. and European countries such as France e. none of the other choices

b. are used in the U.S.

What is defined as a degree of careless amounting to a culpable disregard of rights and safety of others: a. felony b. criminal negligence c. misdemeanor d. ordinance violation e. none of the other choices

b. criminal negligence

In recent years antitrust prosecutions have: a. remained at low levels b. increased c. decreased d. decreased in most areas of the country, but risen in New York and California e. none of the other choices are correct

b. increased

The classification of felonies: a. makes them easier to remember b. indicates the severity of the criminal charge c. is a remnant of the British system d. is a remnant of the colonial system e. is specified in the Declaration of Independence

b. indicates the severity of the criminal charge

Criminal offenses are defined by: a. governors or the president b. legislatures c. courts of appeal or supreme courts d. magistrates e. all of the other choices may make such decisions

b. legislatures

Second degree murder is: a. a misdemeanor b. less serious than first degree murder c. more serious than first degree murder d. spontaneous e. punishable only by a fine

b. less serious than first degree murder

Unlike in the United States, in Britain: a. private individuals cannot bring criminal charges against others b. private individuals can bring criminal charges against others c. no one can bring criminal charges against others d. minors cannot be tried in court e. none of the other choices are correct

b. private individuals can bring criminal charges against others

If David flees the country to avoid being prosecuted for a crime: a. the clock on the statute of limitations keeps running b. the clock on the statute of limitations stops c. he cannot be prosecuted d. he loses his right to be represented by counsel e. none of the other choices are correct

b. the clock on the statute of limitations stops

Bribery is: a. illegal pressure on debtors b. the offer or taking of money, goods or other things of value to influence official actions c. economic espionage d. legal in some states e. all of the other choices are correct

b. the offer or taking of money, goods or other things of value to influence official actions

Miranda rights for those arrested and accused of or suspected of a crime do not include: a. the right to be represented by counsel b. the right to be released c. being informed that statements made may be used against the accused d. the right to remain silent e. all of the other choices are included in the Miranda rights

b. the right to be released

The Sherman Act and Clayton Act (2004) allow prison terms to be imposed on: a. those involved in burglaries b. those involved in anticompetitive practices c. those involved in blue collar crime d. those involved in drug trafficking e. none of the other choices are correct

b. those involved in anticompetitive practices

The statute of limitations: a. varies with time b. varies by crime c. varies by county d. varies by state e. varies by district

b. varies by crime

In U.S. v. Allmendinger, involving an insurance scam run by Allmendinger and others, Allmendinger received a much longer prison sentence than a co-conspiriator, which he appealed. The appeals court held that the sentence: a. violated the Sentencing Guidelines and would be recalculated b. was justified because Allmendinger did not cooperate in the investigation c. was justified because the loss suffered by victims exceeded $100 million d. violated equal protection of the 14th amendment as the defendants were equally guilty so the sentences should be similar for all e. none of the other choices are correct

b. was justified because Allmendinger did not cooperate in the investigation

Which of the following would not be considered to be white collar crime: a. bankruptcy fraud b. embezzlement c. burglary d. insider trading e. wire fraud

c. burglary

A law that was originally intended as a weapon against organized crime, but has come to have broader application, including in civil claims for a wide range of activities is: a. Laundering of monetary Instruments Act b. Financial Abuse Act c. Racketeer Influenced and Corrupt Organizations Act d. Federal Bribery and Corruption Act e. none of the other choices

c. Racketeer Influenced and Corrupt Organizations Act

In Commonwealth v. Angelo Todesca Corp. where Angelo Todesco Corporation was charged with motor vehicle homicide after an employee accidentally killed a police officer with a dump truck, the Massachusetts supreme court held that: a. a corporation should be charge, rather than its agents b. a corporation cannot act through its agents c. a corporation can only act though its agents d. a corporation cannot be held liable for the actions of its agents e. none of the other choices are correct

c. a corporation can only act though its agents

Illegal drug possession is an example of what is often called: a. legal activity b. a violent crime c. a victimless crime d. a minor misdemeanor e. a civil code violation

c. a victimless crime

When a person accused of a crime by the police makes an initial appearance in court and the government attorney presents the criminal charges, it is called: a. an indictment b. a Miranda rights c. an arraignment d. a nolo contendere e. a pleading

c. an arraignment

A white collar crime means: a. one in violation of Section 1981 of the U.S. Code b. one in violation of several different portions of the U.S. Code c. any number of crimes committed by person of respectability in their occupation d. a business-related crime that is defined as a felony e. none of the other choices

c. any number of crimes committed by person of respectability in their occupation

In a criminal trial, to be found guilty, the standard is guilt: a. by a preponderance of the evidence b. by a convincing majority of the evidence c. beyond a reasonable doubt d. upon the word of the court e. none of the other choices

c. beyond a reasonable doubt

Which of the following is not a Justice Department factor for an effective corporate compliance program that can help a company reduce legal problems and punishment when violations occur: a. when offenses occur, steps taken to respond and to prevent further offenses b. effective communication of standards and procedures to all employees c. consistent communication with Justice about program achievements d. high-level persons in the organization have responsibility to oversee compliance e. all of the other choices are part of an effective program

c. consistent communication with Justice about program achievements

Which of the following is correct: a. criminal acts must be planned b. criminal conduct must be intentional c. criminal conduct may arise from carelessness d. criminal conduct must involve actus rea e. none of the other choices

c. criminal conduct may arise from carelessness

In a criminal case, if evidence is not gathered properly, such as by a search that violates Fourth Amendment rights, then at trial that evidence is: a. allowed to be referred to but not presented directly b. allowed only if probable cause is first established c. dropped under the exclusionary rule d. irrelevant since there can be no trial if there was an improper search e. none of the other choices

c. dropped under the exclusionary rule

The violation of an ordinance: a. must be defined by Congress b. generally means there may be a fine and up to one year in prison c. generally means there may be a fine, but no prison time d. generally means a citation, but no fine or prison time e. none of the other choices

c. generally means there may be a fine, but no prison time

For a criminal conviction, it must be shown that the accused was found to have: a. actus rea b. res ipsa loquitor c. mens rea d. intentional negligence e. demurrer

c. mens rea

First degree murder is: a. a misdemeanor b. less serious than second degree murder c. more serious than second degree murder d. spontaneous e. punishable only by a fine

c. more serious than second degree murder

The 1966 Supreme Court opinion relating to the Miranda rights holds that: a. persons accused of a crime must be informed that they must answer all questions b. persons accused of a crime must be informed that they have no right to be represented c. persons accused of a crime must be informed of their right to be represented by counsel d. all of the other specific choices are correct e. none of the other specific choices are correct

c. persons accused of a crime must be informed of their right to be represented by counsel

In the United States, only can bring criminal charges. a. public institutions b. private citizens c. the government d. the Supreme Court e. private investigators

c. the government

A mistrial is when: a. evidence is not properly collected and so cannot be used in court b. evidence is presented without proper documentation c. the jury cannot agree on a verdict d. the judge decides on a verdict that is different than the verdict given by the jury e. none of the other choices are correct

c. the jury cannot agree on a verdict

When one commits a criminal act, that wrongful deed is: a. mens rea b. intentional negligence c. res ipsa loquitor d. actus reus e. none of the other choices

d. actus reus

Bankruptcy fraud occurs when: a. a person or corporation hides or lies about assets in bankruptcy proceedings b. creditors are given false information c. illegal pressure is applied to bankruptcy petitioners d. all of the other specific choices are correct e. none of the other specific choices are correct

d. all of the other specific choices are correct

Securities fraud includes: a. market rigging b. theft of accounts from clients of securities firms c. violations of securities laws d. all of the other specific choices are correct e. none of the other specific choices are correct

d. all of the other specific choices are correct

The 1966 Supreme Court opinion relating to the Miranda rights holds that: a. persons accused of a crime must be informed of their right to remain silent b. persons accused of a crime must be informed of their right to be represented by counsel c. persons accused of a crime must be informed that statements they make can be used as evidence against them d. all of the other specific choices are correct e. none of the other specific choices are correct

d. all of the other specific choices are correct

Which of the following would not be likely to be considered to be a violent crime: a. assault b. robbery c. murder d. burglary e. all of the other choices are classified as violent felonies

d. burglary

If one appears before a judge when accused of a crime and enters a plea in response to the charges, the choice of pleas made does not include: a. guilty b. nolo contendere c. not guilty d. demurrer e. all of the other choices are possible pleas

d. demurrer

The determination of what are crimes and the kinds of punishments is limited by: a. federal norms b. state norms c. international protocols d. federal and state constitutions e. federal and state officials

d. federal and state constitutions

In contrast to civil trial discovery proceedings, criminal discovery proceedings: a. focus on reducing surprises b. focus on reversing verdicts c. focus on making all parties comfortable d. involve disclosing only a subset of information to the other side e. involve disclosing everything to the other side

d. involve disclosing only a subset of information to the other side

Rules governing such matters as building regulations and zoning are called: a. federal administrative rules b. federal statutes c. misdemeanors d. local ordinances e. none of the other choices

d. local ordinances

If a person engages in illegal activities, such as drug dealing, and one hides the origins of the income, besides tax problems, there may be a crime of: a. embezzlement b. insider trading c. fraud d. money laundering e. none of the other choices are likely to be correct

d. money laundering

Another term for misdemeanor is: a. small crime b. civil crime c. penal crime d. petty offense e. petty crime

d. petty offense

If a person is charged with a crime, rather than going through trial, there is often an agreement reached by the defendant and prosecutor that is called: a. an arraignment b. nolo contendere c. demurrer d. plea bargain e. none of the other choices

d. plea bargain

If the government does not prosecute a criminal suspect the right to do so may be eliminated by: a. the loss of evidence b. res ipsa loquitor c. loss of probable cause d. statute of limitations e. none of the other choices

d. statute of limitations

In U.S. v. Young, where government agents put Federal Express packages to Young under an x-ray to look at the contents, and he was convicted partly based on that evidence, the appeals court held that: a. the conviction was overturned because there was no warrant to x-ray the packages b. the conviction was overturned because Federal Express violated customer privacy rights c. the conviction was upheld because the severity of the crime outweighed the usual requirement to obtain a warrant d. the conviction was upheld because there was no need for a warrant e. none of the other choices

d. the conviction was upheld because there was no need for a warrant e. none of the other choices

If someone is very drunk and then, only because of their drunkenness, causes a fatal accident: a. there can be no crime because there was no willful consent b. there can be no crime because there was no mens rea c. there can be no crime because there was no culpable disregard for the rights of others d. there can be a crime because there was criminal negligence

d. there can be a crime because there was criminal negligence

In cases where a person is charged with a felony: a. there must be a grand jury indictment b. there must be a grand jury indictment only if it is a federal case c. there must be a grand jury indictment only if it is a state case d. there need not be a grand jury indictment, but could be one e. none of the other choices

d. there need not be a grand jury indictment, but could be one

Which of the following can be a consequence of committing a crime: a. being removed from public office b. being disqualified from holding office c. being disqualified from owning a firearm d. being disqualified from voting in public elections e. all of the other choices are correct

e. all of the other choices are correct

Which of the following is an example of a white-collar crime: a. embezzlement b. bribery c. fraud d. violation of securities law e. all of the other specific choices are correct

e. all of the other specific choices are correct

A misdemeanor is generally: a. is not a crime b. can only involve the violation of a state, not federal, statute c. is an offense against the state that is not punishable by time in prison d. is an offense that does not involve bodily harm to another person e. is a crime punishable by less than a year in prison

e. is a crime punishable by less than a year in prison

As discussed in the chapter, which would be the best definition of crime: a. an act that violates the right of another citizen or group of citizens b. an act that violates secure common law rights c. an act that "shocks the conscience of the court" d. an offense against rules of behavior prescribed in the constitution of a state or the nation e. none of the other choices

e. none of the other choices

Criminal codes: a. define the scope of defenses that may be used in court b. define the scope of offenses against defendants c. define the scope of defenses against the public d. define the scope of offenses minors can commit e. none of the other choices are correct

e. none of the other choices are correct

Unlike in the United States, in Britain: a. private individuals cannot bring criminal charges against others b. private corporations can bring civil charges against others c. no one can bring criminal charges against others d. minors cannot be tried in court e. none of the other choices are correct

e. none of the other choices are correct

Criminal offenses are defined by: a. governors or the president b. police departments c. courts of appeal or supreme courts d. magistrates e. none of the other choices are very good

e. none of the other choices are very good

Victimless crimes cannot be: a. felonies b. misdemeanors c. tried in court d. tried by the Supreme Court e. none of the other specific choices are correct

e. none of the other specific choices are correct