Chapter 4 Business Law

society.

A crime is a punishable offense committed against

misdemeanor.

A crime punishable by confinement in a county or city jail for less than one year, by fine, or both is known as a(n)

embezzlement

As one of her duties as an administrative assistant in Technical Support, Diana is entrusted with ordering and then inventorying all new computer software and hardware. Diana manipulates invoices, dollar amounts, and the inventory itself with the intent of periodically taking a computer home and then selling it to her friends at a discount. Diana can be charged with

conspiracy.

Benton, a bank guard, and his friend, Adams, planned to rob Benton's employer, the First Bank and Trust of Evansville. Shortly before the crime was to be carried out, Benton told Adams that he would have nothing to do with it. Nonetheless, Adams robbed the bank according to the plan. Benton did nothing to stop her. Benton could be charged with

True

Crimes are either classified as felonies or misdemeanors according to the severity of their potential punishment.

Burglary

Entering a building without permission when intending to commit a crime therein is known as

contempt of court

If a witness refuses to testify after the grant of immunity, with what can the witness be charged, as he or she is hindering the administration of justice?

antitrust laws

If two local competing telecommunications companies secretly agree to cooperate and fix consumer pricing higher than the nationwide average on their similar communications products and services, the companies have violated the federal

False

It is not a crime to buy property that you know has been stolen.

extortion.

Jayson earns a great income working as a financial vice president of a major corporation. His company prohibits management from dating lower-level staff members. However, Jayson begins dating one of his employees, Gloria, secretly. When Jayson does not promote Gloria to a position she feels she deserves, she threatens to reveal their relationship and destroy his promising career unless Jayson agrees to pay her $2,000 a month. Gloria is committing a crime known as

arson

Maggie has been unable to sell her home because it is old and deteriorated. In order to build a new house, Maggie sets fire to her house and then files an insurance claim to obtain money to build a newer home. What crime did Maggie commit?

True

Persons convicted of infractions can only be fined

False

Procedural defenses focus on whether the alleged criminal actually committed the crime.

a procedural defense

Rick was arrested last Friday, but the arresting police officer did not read him his Miranda Rights. What type of defense could his attorney use to defend Rick?

infraction

Russell threw a paper cup out his window at a stoplight. Although Russell can not be placed in jail for littering, he can be severely fined. Littering is a type of criminal offense known as a(n)

receiving stolen property

Sara's brother, Eddie, works in the shipping and receiving department of a brass furniture company. The brass furniture is expensive and is something that neither Sara nor Eddie can easily afford. On Sara's 25th birthday Eddie gives her three expensive pieces of brass furniture. Sara accepts the furniture knowing that Eddie stole the furniture from his employer. Sara is guilty of the crime of

False

The federal Foreign Anti-bribery Act of 1977 prohibits bribery in foreign countries by U.S. companies or their representatives.

False

The holding of a corporation or one of its officers criminally liable for the actions of one of its employees is referred to as victimless criminal liability.

act

The specific conduct of the defendant that violates the statute is referred to as the criminal

They were presumed incapable of forming criminal intent.

Under common law, how were those below the age of seven treated with regard to criminal intent?

plea bargaining

Victor was arrested and accused of a variety of crimes including arson, bribery, and conspiracy to commit fraud. Victor and his attorney agree that he will plead guilty to the bribery charges in exchange for having the more serious crimes of arson and conspiracy dropped. This process is known as

False

"Falsely making or altering a writing to defraud another" is the definition of the crime of embezzlement.

True

A grant of immunity can eliminate a person's right to refuse to testify on the grounds of self-incrimination.

false pretenses.

A person who obtains money or other property by lying about a past or existing fact is guilty of

the judge of the court in which the case is being tried.

A plea bargain that has been arrived at by negotiations between the accused and the prosecutor must still be approved by

probable cause

A search to discover evidence will be deemed reasonable if there is ____ for it.

extortion

A threat to expose a secret crime or an embarrassing fact unless money is paid to the person issuing the threat is the crime of

immunity

Freedom from prosecution even when one has committed the crime charged is

True

Generally, all the jurors must vote for conviction before a person can be convicted of a crime.

True

Generally, what is a crime for an adult is juvenile delinquency for a minor.

grant immunity

What can the government do to compel a witness to testify after she or he has asserted the right against self-incrimination?

proof beyond a reasonable doubt

What is the standard of proof in a criminal case?

forgery

Which of the following crimes is not a type of larceny?

the right to a private cell when in jail

Which of the following is not a constitutional right of an accused?

ignorance of the law

Which of the following is not a potential defense to criminal charges?

actions that interfere with the administration of justice

Which of the following is the best definition of contempt of court?

the insane

Which of the following parties would not be held to have criminal intent?

robbery

Which of the following would not be a white-collar crime?

both a and c (forgery and robbery)

While walking to her bank, a young man grabbed Nikki, threatened to shoot her, and then took her purse. Inside Nikki's purse was her wallet, which included credit cards, her driver's license, and her paycheck. The thief later took her paycheck, signed Nikki's name, and successfully cashed the paycheck. What crime(s) did the thief commit?

to avoid the risk of being convicted of a more serious offense

Why would a defendant accept a plea bargain?