[pre-exam] bus law - ch.6

______ does not prevent an injured party from bringing civil charges against a defendant once they are found innocent in a criminal case.

Double jeopardy

A corporation can refuse to produce business records that might subject the firm to criminal prosecution. (t or f)

False

Bribing foreign officials to obtain favorable business contracts is no crime. (t or f)

False

Embezzlement includes the making (or altering) of any writing in a way that changes the legal rights and liabilities of another. (t or f)

False

Fraudulent appropriation of another's property with which a person has been entrusted is the crime of receiving stolen goods. (t or f)

False

In a criminal case, typically only three-fourths of the jurors need to agree in order to convict the defendant. (t or f)

False

It is not a crime to use income obtained from a racketeering activity to buy an interest in a legitimate enterprise, as long as the deal is otherwise legal. (t or f)

False

One of the purposes of criminal law is to compensate the victims. (t or f)

False

Some torts can be criminal as well as civil, depending on the laws in place. (t or f)

False

The crime of bribery is only present if the person is a public official. (t or f)

False

The crime victim must bring the case against the defendant. (t or f)

False

The privilege against self-incrimination applies to persons as well as corporations. (t or f)

False

Warrants are required for searches of businesses in highly regulated industries (t or f)

False

______ states that all evidence derived from illegal means, normally must be excluded from the trial proceedings.

Fruit of the poisonous tree

______ can excuse one from criminal liability under the theory of mistake.

Mistake of fact

__________ engages in financial transactions to conceal the identity, source, or destination of illegally gained funds.

Money laundering

Sid offers Tina, a city inspector, money to overlook health code violations in his restaurant. Tina accepts the money and overlooks the violations. Sid is charged with the crime of bribery. The crime occurred when..

Sid offered the bribe.

A crime is punishable, in some cases, by death. (t or f)

True

A criminal conspiracy exists when two or more people agree to commit an unlawful act, and then take some action toward its completion. (t or f)

True

A criminal defendant has the right to confront accusers, and to present his or her own witnesses. (t or f)

True

A mistake of fact can often excuse criminal responsibility. (t or f)

True

A person arrested for a crime must ask for a lawyer specifically. Saying "maybe it would be a good idea to get a lawyer" is not enough. (t or f)

True

An act of omission cannot be a crime. (t or f)

True

An illegal act committed by a business using nonviolent means to obtain a business advantage is a white-collar crime. (t or f)

True

Burglary is the breaking and entering of the dwelling of another at night. (t or f)

True

Crimes are offenses against society as a whole. (t or f)

True

Criminal negligence must have intent in order for there to be a liability. (t or f)

True

Entrapment is a defense, and not a crime in and of itself. (t or f)

True

Generally speaking, people can use the amount of force that seems necessary to protect themselves, their dwellings, or other property or to prevent the commission of a crime, even if it is deadly. (t or f)

True

If the evidence of a defendant's guilt was obtained improperly, it normally cannot be used against the defendant in court. (t or f)

True

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. (t or f)

True

The most potent weapons against white-collar criminals include the federal laws prohibiting mail and wire fraud. (t or f)

True

The prohibition against double jeopardy means that once a criminal defendant is acquitted (found "not guilty") of a particular crime, the government may not retry that defendant for the same crime. (t or f)

True

Haji is arrested at a warehouse in Industrial Park and is charged with the crime of theft. Haji will be prosecuted by..

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 felony.

Quint, an employee of Reservations Inc. pays Sienna, an employee of Reservations' competitor Travel Inc., for a list of Travel's clients. This is most likely..

commercial bribery.

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..

embezzlement.

Quay, the owner of RV Park, trusts Sara to manage the resort's daily cash flow. One night, without Quay's knowledge or consent, Sara takes and keeps $1,000 from the receipts. This is most likely..

embezzlement.

For ________ to succeed as a defense, both the suggestion and the inducement must take place.

entrapment

Leo is accused of a crime. To obtain information about the crime from Leo, the state can..

grant Leo immunity from prosecution.

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..

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

_______ is often called a victimless crime, because it only harms the offender.

public order

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..

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..

robbery.

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..

the privilege against self-incrimination

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..

the wrongfulness of her conduct.

A civil case has a burden of proof that is a preponderance of the evidence. (t or f)

True

In a criminal case, the state must prove its case beyond a reasonable doubt. (t or f)

True

Insider trading is the purchase or sale of securities on the basis of information that has already been made available to the public. (t or f)

True

Most crimes require an act of commission. (t or f)

True

Robbery is considered a violent crime. (t or f)

True

The Fourth Amendment protects only against searches that violate a person's reasonable expectation of privacy. (t or f)

True

The U.S. Constitution provides safeguards that apply not only in federal, but also in state courts. (t or f)

True

Under the responsible corporate officer doctrine, a CEO may be held criminally liable for the crimes of other employees. Whether they participated in, directed, or even knew about a given criminal violation (t or f)

True

Under self-defense, a person may use whatever force necessary if they fear ________.

imminent danger

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..

larceny

The Racketeer Influenced and Corrupt Organizations Act has become an effective tool in attacking..

organized crime

Erica, 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..

probable cause

A specified state of mind, or intent, is not necessary to establish criminal liability. (t or f)

False