Smartbook Chapter 6

Which of the following is an accurate statement regarding the responsible corporate officer doctrine?

A corporate executive can be liable even if she or he did not engage in it, direct, or even know about a specific criminal violation.

_________ is the offering, giving, soliciting, or receiving of money, or any object of value for the purpose of influencing the judgement or conduct of a person in a position of trust.

Embezzlement

___________ is the wrongful conversation of another's property by one who is lawfully in possession of that property.

Embezzlement

Pursuant to the _____ act, an employee who reports an employer for fraud against the government retains a share of the recovery as a reward for his or her efforts.

False Claims

_______ include serious crimes, such as murder.

Felonies

______ is the fraudulent making or altering of any written in a way that changes the legal rights and liabilities of another.

Forgery

Which of the following is an accurate statement regarding a bench trial?

In a bench trial, the defendant has waived his or her right to a jury trial.

A ______ is the lowest-ranking judicial official.

Magistrate

____________ are less serious crimes punishable by fines and/or imprisonment for less than one year.

Misdemeanors

A __________ is a minor misdemeanor usually punishable by a jail sentence of less than six months or a small fine.

Petty Offense

When does booking occur?

after the defendant's arrest

A law enforcement officer should obtain a(n) ___________ warrant before an individual is taken into custody.

arrest

When a judge is the fact-finder in a case, the trial is called a(n) __________ trial.

bench

White-collar crimes occur most frequently in the _____ context.

business

Which of the following is not a state of mind that may be required for the commission of a criminal offense?

conditional

The purpose of ___________ law is to punish an offender for causing harm to public health, safety, or morals.

criminal

Actus Reus means _____.

guilty act

A(n) ______ is a document that demonstrates there is enough evidence to charge the defendant and bring him or her to trial.

information

________ is generally the illegal buying or selling of a corporation's stock or other securities by a corporate insider, in breach of a fiduciary duty or some other relationship of trust and confidence, while in possession of material, nonpublic information about the security.

insider trading

A _____ issues the arrest warrant.

magistrate

A defendant's state of mind is __________ if he or she does not meet a standard of case that a reasonable person would use in the context that led to the criminal act.

negligent

Commercial bribery includes a bribe in exchange for new information or ______.

payoffs

A(n) __________ is an agreement in which the prosecutor agrees to reduce charges, drop charges, or recommend a certain sentence if the defendant pleads guilty.

plea bargain

Which of the following does not constitute bribery?

rejecting a bribe

A petty offense is usually punishable by a jail sentence of less than _______ or a small fine.

six months

A computer ________ is a computer program that rearranges, damages, destroys, or replaces computer data.

virus

_________ is the amount of money a defendant must pay the court to release from custody as security that he or she will return for trial.

Bail

Which of the following is an accurate statement regarding the vicarious liability of an employer for the wrongful act of an employee?

An employer can be liable for the wrongful act of an employee if the employee direct, partook in, or authorized the wrongful act.

_________ is a procedure during which the name of the defendant and the alleged crime are recorded in the investigating agency's or police department's records.

Booking

Forgery is a type of _____.

fraud

A computer crime can be committed by a corporate insider, such as an employee, or by an outside, such as a(n) ____________.

hacker