Chapter 6. Criminal Law
1. In a criminal trial, the plaintiff must prove the case by a preponderance of the evidence.
a. True
b. False
2. Corporations may be held liable for crimes.
a. True
b. False
3. Businesses suffer considerable loss as victims of criminal actions, but businesses cannot be perpetrators of criminal
actions.
a. True
b. False
4. Torts are civil cases, not criminal cases.
a. True
b. False
5. RICO provides for criminal penalties, but contains no provision for civil penalties.
a. True
b. False
6. Stan offered Cheyenne, the chairperson of the Midtown Zoning Commission, a ten percent interest in his proposed
subdivision development if she would use her influence to have his proposal approved by the commission. She
refused to be a part of Stan’s plan, so Stan cannot be found guilty of bribery.
a. True
b. False
7. A felony is a more serious type of crime than a misdemeanor.
a. True
b. False
8. Under the United States legal system, you are guilty until proven innocent.
a. True
b. False
9. The Fifth Amendment would protect a defendant from having to give blood samples to the prosecution, since that
could be a form of self-incrimination as interpreted by the courts.
a. True
b. False
10. Robbery is a larceny accompanied by force.
a. True
b. False
11. The elements of embezzlement are included in larceny.
a. True
b. False
12. Unlike larceny, embezzlement requires the intent to permanently deprive the owner of his property.
a. True
b. False
13. Employers may be subject to criminal penalties for the unauthorized act of a manager who is acting within the scope
of employment.
a. True
b. False
14. Bill has had a problem with vandalism at his business. He rigs up a spring gun at the entryway to his store, so that
any after-hours intruder will be shot upon entry. Bill may legally use this deadly force to protect his business.
a. True
b. False
15. Duress is a valid defense to larceny, but not to murder.
a. True
b. False
16. The defendant must testify in a criminal proceeding.
a. True
b. False
17. The Fifth Amendment protects all individuals against unreasonable searches and seizures.
a. True
b. False
18. A grand jury decision will result in a final judgment as to the guilt or innocence of the defendant.
a. True
b. False
19. Mail fraud does not require the victim to be actually defrauded.
a. True
b. False
20. The State may appeal a verdict of “not guilty” if there is an error in the trial.
a. True
b. False
21. Computer crimes are so commonplace that an estimated two out of every three copies of software are illegally
obtained.
a. True
b. False
22. Vicarious liability is imposed upon one person for the acts of another.
a. True
b. False
23. A “bench trial” is one in which the decision is made without a jury.
a. True
b. False
24. Robbery and burglary are the same crime.
a. True
b. False
25. The Fifth Amendment would protect a defendant from having to have his photograph taken, since this would be a
type of communication.
a. True
b. False
26. In a criminal case, the defendant must be tried by jury if he so desires.
a. True
b. False
27. In a civil case, as few as six jurors are permitted, but there must be 12 jurors in a criminal case.
a. True
b. False
28. Today most crimes are covered by statutory law rather than by the common law, although many of the crimes in
statutory form had their origins in the common law.
a. True
b. False
29. A preliminary hearing is held in a criminal case to determine whether there is probable cause to believe the
defendant is the one who committed the crime.
a. True
b. False
30. The Sixth Amendment protects persons against self-incrimination, double jeopardy, and being charged with a capital
offense except by grand jury indictment.
a. True
b. False
31. Some states still recognize common law crimes.
a. True
b. False
32. All federal crimes are statutory.
a. True
b. False
33. Carelessness or negligence is a form of subjective fault.
a. True
b. False
34. Although mens rea is a required element for most crimes, many regulatory crimes dispense with it.
a. True
b. False
35. Selling liquor to a minor can result in criminal liability only if the seller intended to sell to an underage person.
a. True
b. False
36. Murder is a mala prohibita type of crime.
a. True
b. False
37. Crimes consist of two basic elements.
a. True
b. False
38. The Federal Organizational Corporate Sentencing Guidelines may require restitution to victims of certain corporate
crimes.
a. True
b. False
39. The Federal Organizational Corporate Sentencing Guidelines require corporations to formulate and implement
compliance programs reasonably designed to prevent crimes by the corporations and their employees; adopting and
implementing an adequate compliance program can lead to lesser penalties when crimes do occur.
a. True
b. False
40. RICO does not apply to businesses that are engaged in organized crime.
a. True
b. False
41. The Sarbanes-Oxley Act created a powerful Accounting Oversight Board with authority to review and discipline
auditors.
a. True
b. False
42. The term actus reus refers to the mental intent element of a crime.
a. True
b. False
43. Embezzlement and forgery are considered white-collar crimes.
a. True
b. False
44. If Sheree, a county commissioner, threatened Brent that unless she received a 15 percent interest in his proposed
development she would use her influence to prevent approval of the development, she has committed criminal
extortion.
a. True
b. False
45. Which one of the following is NOT true of a criminal suit?
a. A criminal suit is brought by the government, not by an individual.
b. In a criminal suit, guilt is never presumed.
c. One purpose of a criminal suit is compensation for the victim.
d. A criminal suit requires a higher burden of proof than a civil suit.
46. Mark carefully plots a course of action to embezzle $100,000 from his employer, Sue. He is fired before he ever gets
a chance to put the plan in action. In cleaning out his desk, Sue finds his plans. Mark is:
a. guilty of a crime because he intended to carry it out.
b. guilty of a crime because he had mens rea.
c. not guilty because he did not act on his plan.
d. not guilty because he is no longer employed by Sue.
47. Congress has concluded that is the most prevalent method used for distributing pornography and
perpetrating fraudulent schemes, and it enacted the
a. spam; CAN-SPAM Act
b. mala prohibita crime; Model Penal Code
c. mala in se crime; RICO Act
d. white-collar crime; Sarbanes-Oxley Act
to deal with the problem.
48. Self-defense will NOT protect a person from criminal prosecution if she:
a. shoots a man who is about to stab her with a knife.
b. hits a man who is pushing her off the bus while it is still moving.
c. shoots a man who is holding a realistic-looking cap pistol at her head.
d. shoots a man who has shoplifted a rare, expensive diamond necklace from her store.
49. Which of the following is correct with respect to a grand jury?
a. The grand jury decides guilt or innocence of the defendant.
b. The grand jury always hears testimony from the defendant.
c. The grand jury can issue an indictment if it finds sufficient evidence to justify a trial on the charges alleged.
d. None of these.
50. Another name for an indictment is a(n):
a. true bill.
b. arraignment.
c. information.
d. preliminary hearing.
51. Cybercrime:
a. may be categorized based on whether the computer was the instrument or the target of the crime.
b. has not been regulated by state laws.
c. has been controlled by comprehensive federal legislation.
d. is easy to detect.
52. The Fourth Amendment to the Constitution:
a. requires a speedy trial.
b. prohibits double jeopardy.
c. protects against unreasonable search and seizure.
d. All of these.
53. A defendant who is indicted will next be:
a. brought before a grand jury.
b. tried.
c. arraigned.
d. fined.
54. What happens if the police illegally seize evidence in violation of the Fourth Amendment?
a. The evidence will be excluded from use at trial.
b. The defendant’s arrest is nullified.
c. The defendant is entitled to another trial.
d. The defendant will be paid for the expenses of his defense.