BUS LAW SB chap 5

The Congress enacted the Foreign Corrupt Practices Act in __________. Multiple choice question. 1981 1990 1987 1977

1977

The U.S. Supreme Court has applied the most important _____________ guarantees to state government actions by "______________" those guarantees into the Fourteenth Amendment's due process protection. (Choose two correct answers) Multiple select question. selectively incorporating strategically incorporating Bill of Rights reseaonable searches

Bill of Rights selectively incorporating

________ receives a less substantial First Amendment shield known as "intermediate" protection. Multiple choice question. Literary expression Political speech Commercial speech Artistic expression

Commercial speech

Allen, a graduate student, tries to access a government database out of curiosity. In the process, he accesses classified information. Assuming these facts, Allen could be prosecuted under the _________. Multiple choice question. Computer Fraud and Abuse Act Technical Fraud Act Securities Exchange Act Information Protection Act

Computer Fraud and Abuse Act

Rank the factors influencing the probable effectiveness of deterrence starting from the first to the last step. (Place the first step at the top!) Instructions Choice 1 of 3. Prosecution of a defendant Choice 2 of 3. Conviction of a defendant Choice 3 of 3. Detection of a crime

Detection of a crime Prosecution of a defendant Conviction of a defendant

The _______ clause prohibits criminal statutes that discriminatorily treat certain persons of the same class or arbitrarily discriminate among different classes of persons. Multiple choice question. Free Speech Free Exercise Equal Protection Anti-Discrimination

Equal Protection

The offering or giving of anything of value to officials of foreign governments in an attempt to influence their official actions was criminalized by the ________. Multiple choice question. Government Official Regulation Act Criminal Fraud Accountability Act Foreign Corrupt Practices Act Securities Exchange Act

Foreign Corrupt Practices Act

The __________ Amendment protects persons against arbitrary and unreasonable governmental violations of their privacy rights. Multiple choice question. Fifth First Eigth Fourth

Fourth

The __________ Amendment protects persons against arbitrary and unreasonable governmental violations of their privacy rights. Multiple choice question. First Fifth Eigth Fourth

Fourth

Myers, the CFO of MoreCorp.,was charged by the district attorney with acting unjustly to enrich his firm's profits. Myers ordered the corporate comptroller to reduce MoreCorp's profit on paper which would have benefited MoreCorp. What result? Multiple choice question. Generally, MoreCorp cannot be held criminally liable because this is a matter of tax evasion. Generally, MoreCorp is criminally liable if Myers' actions were within the scope of his employment. According to the federal courts, a company is always liable for it's CFO's actions. Generally, MoreCorp cannot be held criminally liable because Myers is not the top corporate official.

Generally, MoreCorp is criminally liable if Myers' actions were within the scope of his employment.

________ pleaded guilty to criminal charges in which the government alleged that the firm had violated the FDA's safety data. Multiple choice question. Google GlaxoSmithKline AndersonSmith AppleHomeCare

GlaxoSmithKline

Match the reasons for incapacity of intent (left column) with their examples (right column). Infancy Jake was just 11 years old when he shot his brother by accident. Intoxication Mike was under the influence of alcohol when he shot his wife. Insanity Nina was a admitted at a state psychiatric clinic when she was convicted of a crime.

Infancy - Jake was just 11 years old when he shot his brother by accident. Intoxication - Mike was under the influence of alcohol when he shot his wife. Insanity - Nina was a admitted at a state psychiatric clinic when she was convicted of a crime.

Which of the following statements is true of felony? Multiple choice question. In most cases a felony is not punishable by confinement in jail. Felony cases cannot be taken up by an upper court. Most felonies involve significant moral culpability on the offender's part. A felony is a lesser offense such as disorderly conduct.

Most felonies involve significant moral culpability on the offender's part.

All of the following are examples of criminal intent, except one in which the accused has the incapacity of criminal intent: _____________. (Choose one correct answer) Multiple choice question. Penn, a patient who is hysterical and lacks sanity Chelsea, a college sophomore with a short temper Brad, a repeat offender in a sexual assault case Melinda, a former drug addict in rehabilitation

Penn, a patient who is hysterical and lacks sanity

The Sarbanes-Oxley Act created the _______ Board, responsible for regulating _______ firms' audits of corporations. (Choose one correct answer) Multiple choice question. Corporate Funds Management, public accounting Foreign Corrupt Practices Act, private accounting Public Company Accounting Oversight, public accounting Securities Exchange Act, public accounting

Public Company Accounting Oversight, public accounting

Match the terms (left column) with their description (right column). Recklessness It means that an accused consciously disregarded a substantial risk that the harm prohibited by a statute would result from his or her actions. Negligence It means that an accused failed to perceive a substantial risk of harm that a reasonable person would have perceived.

Recklessness - It means that an accused consciously disregarded a substantial risk that the harm prohibited by a statute would result from his or her actions. Negligence - It means that an accused failed to perceive a substantial risk of harm that a reasonable person would have perceived.

The Public Company Accounting Over-sight Board, responsible for regulating public accounting firms' audits of corporations, was created by the __________. Multiple choice question. Sarbanes-Oxley Act Securities Exchange Act Corporate Funds Management Act Foreign Corrupt Practices Act

Sarbanes-Oxley Act

Match the types of deterrence (left column) with their descriptions (right column). Special deterrence It occurs when punishment of an offender deters him from committing further crimes. General deterrence It results when punishment of a wrong-doer deters other persons from committing similar offenses.

Special deterrence - It occurs when punishment of an offender deters him from committing further crimes. General deterrence - It results when punishment of a wrong-doer deters other persons from committing similar offenses.

An employee of an organization possesses documents that reveal corrupt practices of his organization. The documents also contain information that reveals his role in the illegal dealings. Given this scenario, which of the following is a true and correct answer? Multiple choice question. A corporation is also considered to possess Fifth Amendment privileges. The employee has lost privilege under the Fifth Amendment due to the involvement in an illegal dealing. Since the document incriminates the employee, its disclosure can be prevented using Fifth Amendment. The employee cannot assert Fifth Amendment privilege to prevent the disclosure of a company document.

The employee cannot assert Fifth Amendment privilege to prevent the disclosure of a company document.

A federal crime under the federal Computer Fraud and Abuse Act, Adam ___________ Multiple choice question. a senator, receives a huge amount as bribe and transfers it to various bank accounts registered in her name through an online transaction. reveals his company's recent business deal via an email to a rival company to make a profit in the share market. accesses his company server without authorization to obtain details of the company's trade secrets. a sales representative of a leading a technology giant, inadvertently breaks a new edition laptop that was kept on display.

accesses his company server without authorization to obtain details of the company's trade secrets.

A crime that is organizational in nature would be a(n) ____________. Multiple choice question. misdemeanor by an individual violation of traffic rules competition within an organization corporate crime

corporate crime

All of the following have private papers privileges under the Fifth Amendment except for a(n) ____________. Multiple choice question. foreign national corporation juvenile criminal suspect

corporation

This expansion of corporate criminal liability involved imputing the ____________ of employees to the corporation in a fashion similar to the imposition of tort liability on corporations under the _________ doctrine. (Choose ONE correct answer) Multiple choice question. mens rea, respondeat superior criminal intent, strict liability criminal intent, respondeat superior mea culpa, strict liability

criminal intent, respondeat superior

In the current century, societies increasingly use ________ as a major device for controlling corporate behavior. Multiple choice question. damage awards criminal law civil law bribery

criminal law

All of the following statements are false statements about the role of criminal law, except: __________. (Choose one correct answer) Multiple choice question. criminal prosecutions increase the instances of bribery among corporate employees. criminal prosecutions threaten corporations with the reputation harming effect of a criminal conviction. corporations treat criminal convictions as a business cost and are encouraged to violate regulatory provisions. criminal law would not directly affect employees who are engaged in criminal activities and hence they can only be tried with civil law.

criminal prosecutions threaten corporations with the reputation harming effect of a criminal conviction.

To convict a defendant of a crime, the government must generally do all of the following except: ________. (Choose one correct answer) Multiple choice question. demonstrate a defendant's alleged act violated a criminal statute. demonstrate that the defendant is a candidate for probation or parole. prove beyond a reasonable doubt that the defendant had the capacity to form the criminal intent prove beyond a reasonable doubt that the defendant committed the criminal acts.

demonstrate that the defendant is a candidate for probation or parole.

One true statement under the exclusionary rule is that __________. (Choose one correct answer) Multiple choice question. evidence seized in illegal searches can be used in a subsequent trial against an accused. the exclusionary rule deters criminals from conducting illegal activity at their residence. evidence seized in illegal searches cannot be used in a later trial against an accused. the exclusionary rule is a violation of citizen's constitutional rights.

evidence seized in illegal searches cannot be used in a later trial against an accused.

One basic remedial device in a case of Fourth Amendment violations is called the ___________. Multiple choice question. due process clause mailbox rule exclusionary rule equal protection clause

exclusionary rule

A serious crime such as murder, sexual assault, arson, drug-dealing, or a theft or fraud offense of sufficient magnitude is classified as a(n) ________. Multiple choice question. status offense misdemeanor felony information

felony

Business decisions leading to criminal corporate wrongdoing occurs: ___________. (Check the two correct answers) Multiple select question. from the decisions of many employees none of whom had complete knowledge or specific criminal intent from internal bureaucratic failures rather than the conscious actions of any individual or group based on board decision-making and made with complete knowledge and specific intent usually from the actions of the CEO

from the decisions of many employees none of whom had complete knowledge or specific criminal intent from internal bureaucratic failures rather than the conscious actions of any individual or group

Identify two Miranda warnings that are given to suspects before the commencing of custodial interrogation by the police, suspects __________ and suspects ___________. (Choose two correct answers). Multiple select question. statements made by them cannot be used at trial. can apply for bail after 2 days. have the right to an attorney during questioning. have the right to remain silent.

have the right to an attorney during questioning. have the right to remain silent.

One reason to revoke a conviction under the Sixth Amendment is: ___________. Multiple choice question. inadequate assistance of counsel. coertion of a defendant into making self-incriminating statements. failure to give the Miranda warnings before an arrest. an unwarranted search of a defendant's residence.

inadequate assistance of counsel.

One true statement in relation with the Fifth Amendment is that ____________. Multiple choice question. if a suspect invokes the right to silence, the Miranda warning is the only remedy for an interrogation. incriminating statements made by a suspect who was given the Miranda warnings are admissible at trial. incriminating statements that a suspect makes are admissible at trial by applying the exclusionary rule. incriminating statements that a suspect makes after having been given the Miranda warnings are inadmissible at trial.

incriminating statements made by a suspect who was given the Miranda warnings are admissible at trial.

Statutes prohibiting Computer Crimes include the prohibition of: ____________. (Check all that apply) Multiple select question. invading the privacy of others transmission of emails and pictures using a computer to commit fraud or theft obtaining access to a computer system without authorization

invading the privacy of others using a computer to commit fraud or theft obtaining access to a computer system without authorization

One true statement about the First Amendment would be that ___________. Multiple choice question. it plays a major role in limiting government power to enact and enforce criminal laws. it enacts the laws that restrict the freedom of speech. it prohibits noncommercial speech that includes expression of a political nature. the First Amendment protection of noncommercial speech is not substantial

it plays a major role in limiting government power to enact and enforce criminal laws.

One true statement about criminal law is that: ____________. Multiple choice question. corporate crimes cannot be prosecuted under the criminal law statutes. it was developed with corporate violations of public policies in mind. it was developed with individual wrongdoers in mind. a corporate defendant has to be a high level official to be a direct liability to the corporation.

it was developed with individual wrongdoers in mind.

Commercial speech receives a(n) __________ First Amendment shield known as "intermediate" protection. Multiple choice question. less substantial reasonable more substantial greater

less substantial

Computer crime has been prosecuted with some success under existing federal statutes that forbid ___________. Multiple select question. threats using digital media arising from blackmail mail and wire fraud transportation of stolen property sending spam mails to random individuals

mail and wire fraud transportation of stolen property

Forms of corporate crime include: ____________. (Choose two correct answers.) Multiple select question. mail or wire fraud tax evasion driving under the influence of alcohol. premeditated murder

mail or wire fraud tax evasion

As corporations grew in size and power, legislatures enacted statutes creating regulatory offenses that did not require proof of ___________. Multiple choice question. mens rea respondeat superior strictest rea mea culpa

mens rea

While it may be possible to demonstrate culpability on the part of ___________, juries may be unwilling to convict such individuals if they seem to be _________ for their unindicted superiors. Multiple choice question. CEO's, pawns CEOs, scapegoats middle-level managers, scapegoats middle-level managers, the mens rea

middle-level managers, scapegoats

A lesser offense such as disorderly conduct or battery resulting in minor physical harm to a victim is known as a(n) __________. Multiple choice question. white-collar crime duress misdemeanor felony

misdemeanor

Choose two classification of traffic violations depending on the seriousness and potential for harm to the public.: __________ and __________. (Choose TWO correct answers.) Multiple select question. misdemeanor fraud offense of a sufficient magnitude arson less serious infraction

misdemeanor less serious infraction

One true statement about criminal intent would be that: ___________. Multiple choice question. an offense due to negligent behavior requires mens rea. felony cases do not take mens rea into consideration. a serious crime with mens rea is left to the civil justice system. most serious crimes require mens rea as an element

most serious crimes require mens rea as an element

A fundamental safeguard in our justice system is the ____________ and defendants must be proven guilty ____________. (Choose one corrrect answer) Multiple choice question. right to counsel, by both a judge and jury right to counsel, beyond a reasonable doubt presumption of innocence, beyond a reasonable doubt right to a speedy trial, beyond a reasonable doubt

presumption of innocence, beyond a reasonable doubt

The Fourth Amendment states: the right of the people to be secure in their persons, houses, papers, and effects, against _______ searches and seizures, shall not be violated, and no Warrants shall issue, but upon __________, supported by oath or affirmation. (Choose two correct answers) Multiple select question. probable cause reasonable cause strict unreasonable

probable cause unreasonable

The government's power to convict someone in a criminal case requires ___________ that the defendant committed the crime. Multiple choice question. absolute proof proof by a preponderance proof beyond a reasonable doubt proof beyond a scintilla

proof beyond a reasonable doubt

Under the modern rule, a corporation may be held liable for criminal offenses committed by employees who acted within the _______ and for the __________ corporation. (Choose two correct answers) Multiple select question. scope of their employment benefit of the Fifth Amendment strict liability of the

scope of their employment benefit of the

Crimes are __________ offenses and a given behavior is not a crime unless Congress or a state legislature has criminalized it. Multiple choice question. deterrent rehabilitation essential statutory

statutory

Under the Equal Protection clause, _________ classifications, such as those based on race, are subjected to much closer judicial scrutiny. Multiple choice question. suspect reasonable obvious notorious

suspect

The Sixth Amendment guarantees: ___________. Multiple choice question. the right to confront and cross-examine a witness against them. a second criminal prosecution for an offense after the defendant has been acquitted from the case. that a private plaintiff is barred from pursuing a civil case against a defendant who was criminally prosecuted by the government. protection against multiple prosecutions by different sovereigns.

the right to confront and cross-examine a witness against them.

Identify ONE true statement about deterrence: ____________. (Choose one correct answer) Multiple choice question. general deterrence occurs when punishment of an offender deters him from committing further crimes. the total cost of the criminal proceedings is the key factor that decides the effectiveness of deterrence. the severity of a probable punishment is a key factor influencing the effectiveness of deterrence. special deterrence results when punishment of a wrong-doer deters other persons from committing similar offenses

the severity of a probable punishment is a key factor influencing the effectiveness of deterrence.

One correct statement about computer crime is that: ___________. Multiple choice question. the technical nature of computer crime complicates its detection and prosecution. almost all states are yet to enact criminal statutes specifically outlawing all types of abuses of computers. traditional criminal statutes have proven to be adequate to address computer crimes. traditional criminal statutes explicitly address the types of crime associated with the use of computers.

the technical nature of computer crime complicates its detection and prosecution.

The First Amendment prohibits laws that __________. Multiple choice question. allow retribution of convicted offenders criminalize behaviors that cause harm to the public permit the freedom of expression unreasonably restrict freedom of speech

unreasonably restrict freedom of speech

The term used to describe a wide variety of nonviolent criminal offenses committed by businesspersons and business organizations is __________. Multiple choice question. arson white-collar crime homicide aggravated assault

white-collar crime