Business Law, 8e (Cheeseman)
Chapter 8 Criminal Law and Cyber Crimes
1) A person charged with a crime in the United States is presumed guilty until proven innocent.
2) A crime is the violation of a statute for which the government imposes a punishment.
3) If the accused cannot afford a private defense lawyer, the government will provide one free of
charge.
4) In a criminal lawsuit, the government is represented by a lawyer called defense attorney.
5) Monetary damages and equitable remedies are provided in a civil lawsuit.
6) In a criminal lawsuit, guilt has to be proven beyond any reasonable doubt.
7) A civil lawsuit does not require a unanimous jury vote.
8) A nolo contendere plea can be used as evidence of liability against the accused at a
subsequent civil trial.
9) The case against the accused is dismissed if neither an indictment nor information statement is
issued.
10) An indictment is a charge of guilt against the defendant.
11) If a defendant is found not guilty in a criminal case, the government can retry the case with a
new jury.
12) Theft committed by an unauthorized entry through an unlocked door would be considered
burglary.
13) Crimes committed by businesspersons are referred to as blue-collar crimes.
14) The offeror cannot be found liable for the crime of bribery if the person to whom the bribe is
offered rejects the bribe.
15) Extortion of private persons is commonly referred to as blackmail.
16) Extortion of public officials is called extortion under color of official right.
17) Criminal fraud is the crime of obtaining title to property through deception or trickery.
18) The government can forfeit any property involved in a money laundering offense.
19) The Racketeer Influenced and Corrupt Organizations Act (RICO) applies only to organized
crimes.
20) Persons injured by a RICO violation can bring a private civil RICO action against the
violator.
21) In a criminal conspiracy crime, the commission of the act is not necessary.
22) The Fifth Amendment protects people from unreasonable search and seizure by the
government.
23) Warrantless searches are permitted where it is likely that evidence will be destroyed.
24) The exclusionary rule allows for evidences obtained from an unreasonable search and seizure
to be introduced in trial.
25) The Fifth Amendment to the U.S. Constitution provides that no person shall be compelled in
any criminal case to be a witness against himself.
26) Corporations and businesses can seek protection under privilege against self-incrimination.
27) Obtaining nontestimonial evidences like fingerprint and body fluids violates the privilege
against self-incrimination provision.
28) A confession obtained from a person who has not been read the Miranda rights is not
admissible in court.
29) The Miranda Rights assures the arrested that a lawyer will be appointed to the arrested if he
or she cannot afford one.
30) The attorney-client privilege can only be raised by the defendant.
31) A suspect can assert his Fifth Amendment privilege even after he is given a grant of
immunity.
32) The Fourth Amendment protects people from being tried twice for the same crime.
33) A defendant is protected by the Double Jeopardy Clause if his case reaches a hung jury.
34) The Sixth Amendment guarantees that a criminal defendant has the right to a public jury
trial.
35) The Eighth Amendment prohibits capital punishment.
36) A collection of criminal statutes is referred to as a(n) ________.
A) constitution
B) bill
C) charter
D) penal code
37) ________ include environmental laws, securities laws, and antitrust laws and provide for
criminal violations and penalties.
A) Regulatory statutes
B) Constitutions
C) Charters
D) Resolutions
38) Who is the plaintiff in a criminal lawsuit?
A) the respondent
B) the government
C) a private party
D) the victim
39) In the United States, what recourse does an accused person have in case he cannot afford a
private defense lawyer?
A) The government will provide an attorney for the accused free of charge.
B) He will have to spend his time in jail till he can collect enough money to afford one.
C) A public defender will be appointed to the accused by the government for a nominal fee.
D) He will have to defend himself when the trial starts.
40) ________ are the most serious of crimes, and are considered to be inherently evil.
A) Infractions
B) Misdemeanors
C) Felonies
D) Summary offences
41) A(n) ________ is considered a less serious crime; not inherently evil but prohibited by
society; and is punishable by fines or imprisonment for one year or less.
A) indictable offence
B) violation
C) felony
D) misdemeanor
42) A person found speeding is considered to have committed a(n) ________.
A) indictable offence
B) violation
C) felony
D) misdemeanor
43) Tim Talon has been found by a court of law to be guilty of reckless driving and killing a
pedestrian as a consequence. His defense was that he was driving under the influence of alcohol
and lost control of his automobile. He was subsequently punished for his crime. How would the
court classify Tim Talon’s case for intent?
A) general intent crime
B) criminal intent crime
C) nonintent crime
D) specific intent crime
44) Which two elements are required to find a defendant guilty of an intent crime?
A) criminal act and criminal intent
B) victim and criminal intent
C) criminal act and proof of gain
D) motive and criminal intent
45) ________ crimes require that the perpetrator either knew or should have known that his or
her actions would lead to harmful results.
A) General intent
B) Nonintent
C) Specific intent
D) Explicit intent
46) When is a criminal said to be judgment proof?
A) when the criminal has not been read his Fifth Amendment rights prior to his arrest
B) when the criminal has been deemed to be insane
C) when the criminal does not have the money to pay a civil judgment
D) when the criminal is found to be unfit to go to prison
47) A(n) ________ is a document for a person’s detainment, based on a showing of probable
cause that the person committed a crime.
A) no-knock warrant
B) possessory warrant
C) execution warrant
D) arrest warrant
48) ________ is defined as the substantial likelihood that a person either committed or is about
to commit a crime.
A) Reasonable suspicion
B) Probable cause
C) Reasonable doubt
D) Preponderance of evidence
49) Which of the following is a difference between indictments and information statements?
A) Indictments are issued by a grand jury, while an information statement by a magistrate.
B) Indictments are issued before a trial, while an information statement is issued after a trial.
C) Information statements are issued without determining guilt, while an indictment is issued
where guilt is evident.
D) Information statements are issued to dismiss a case before it goes to trial, while an indictment
is issued to bring a case to trial.
50) A(n) ________ is a charge of having committed a crime, usually a felony, based on the
judgment of a grand jury.
A) indictment
B) information statement
C) arraignment
D) plea
51) At what stage of the criminal procedure is the accused asked to enter a plea?
A) when the accused is being booked
B) when the accused is taken to an arraignment
C) when the accused is being arrested
D) while an indictment or information statement is being issued
52) What is nolo contendere in legal proceedings?
A) a plea by which the defense attorney sets out reasons as to why the case should not go to trial
B) a guilty plea where the defendant does not admit the act and asserts innocence though there is
sufficient evidence against the defendant
C) a plea where the accused agrees to the imposition of a penalty but does not admit guilt
D) a plea by which the defense attorney exhibits evidences that the defendant is not fit to stand
for trial
53) A(n) ________ is an agreement in which the accused admits to a lesser crime than charged,
and in return, the government agrees to impose a lesser sentence than might have been obtained
had the case gone to trial.
A) plea bargain
B) indictment
C) arraignment
D) nolo contendere
54) A jury that cannot come to a unanimous decision about the defendant’s guilt is called a
________.
A) open jury
B) grand jury
C) hung jury
D) struck jury
55) Roland and Kelly were involved in a car accident in which Kelly was badly injured and had
to be hospitalized. After the accident was investigated, it was found that Roland’s negligence was
the cause of the accident. Duly, he was charged with reckless driving, a crime. What course of
action should Roland take to avoid being sued by Kelly, holding him liable for her injuries and
subsequent hospital bills?
A) enter into a plea of nolo contendere
B) plead not guilty and go to trial
C) enter into a plea bargain with the government and pay a nominal penalty set by the
government
D) plead guilty and serve the punishment set by the government, as this will suffice as the all-
binding punishment for the crime
56) What is the necessary condition for an accused person to be found guilty by a jury?
A) At least half the jurors have to find the defendant guilty of the crime.
B) All the jurors have to unanimously agree that the defendant is guilty of the crime.
C) More than 50 per cent of the jurors have to find the defendant guilty of the crime.
D) The jury’s guilty verdict has to be approved by the presiding judge.
57) Where is the felony murder rule applied?
A) when the murder was committed without intent, while committing another crime
B) when the crime involves the intended murder of another person
C) when the felon in the case was killed while the crime transpired
D) when the reason for the death is found to be involuntary manslaughter
58) The wrongful or fraudulent taking of another’s personal intangible properties like trade
secrets, computer programs, and other business property is considered as a(n) ________.
A) larceny
B) robbery
C) aggravated burglary
D) aggravated robbery
59) ________ is a crime that involves the willful or malicious burning of a building.
A) Larceny
B) Arson
C) Battery
D) Embezzlement
60) Which of the following crimes is an example of a white-collar crime?
A) larceny
B) arson
C) forgery
D) battery
61) The fraudulent making or alteration of a written document that affects the legal liability of
another person is called ________.
A) extortion
B) larceny
C) embezzlement
D) forgery
62) ________ is the fraudulent conversion of property by a person to whom that property was
entrusted.
A) Bribery
B) Extortion
C) Embezzlement
D) Forgery
63) ________ is a crime in which one person gives another person money, property, favors, or
anything else of value for a favor in return.
A) Battery
B) Bribery
C) Larceny
D) Embezzlement
64) The crime of ________ involves the obtaining of property from another, with his or her
consent, induced by wrongful use of actual or threatened force, violence, or fear.
A) bribery
B) extortion
C) money laundering
D) embezzlement
65) Which of the following does the Money Laundering Act prohibit?
A) the fraudulent conversion of property by a person to whom that property was entrusted
B) obtaining property from another, with his or her consent, induced by wrongful use of actual or
threatened force
C) the use of mails or wires to defraud another person
D) knowingly engaging in a financial transaction involving the proceeds of an unlawful activity
66) What crime is Richard committing in converting his drug money to alleged legal money?
A) misappropriation
B) embezzlement
C) money laundering
D) extortion
67) Under which federal law would Richard be tried for his mob activities, if he were caught?
A) Identity Theft and Assumption Deterrence Act
B) Racketeer Influenced and Corrupt Organizations Act
C) Counterfeit Access Device and Computer Fraud and Abuse Act
D) Information Infrastructure Protection Act
68) Mark and Jack work as clerks at the New Bank of North America, which they plan to rob. In
order to plan and execute the robbery, Mark and Jack obtained the floor plans of the bank,
studied security arrangements and movements of security personnel. They even got weapons, in
case force is required, as they plan to rob the bank during working hours. But the police got
information about the plan and arrested Mark and Jack, and thus prevented the robbery from
taking place. Which of the following crimes have Mark and Jack committed?
A) criminal conspiracy
B) extortion
C) money laundering
D) larceny
69) Which of the following crimes has Rhonda Mason committed?
A) bribery
B) embezzlement
C) forgery
D) extortion
70) What illegal activity did the financial accountant of the charity partake in?
A) bribery
B) larceny
C) extortion
D) embezzlement
71) Which illegal activity are Rhonda and Frank guilty of when it came to using Dawson’s
money for the charity?
A) bribery
B) extortion
C) forgery
D) criminal conspiracy
72) Which criminal activity is Frank engaging in when faking his father’s signature?
A) embezzlement
B) bribery
C) forgery
D) extortion
73) Which one of the following types of protection does the Fourth Amendment provide to U.S.
citizens?
A) protection against self-incrimination
B) protection against being tried for the same case twice
C) protection from unreasonable search and seizure by the government
D) protection from cruel and unusual punishment for a criminal defendant
74) Under which of the following circumstances is a warrantless search permitted?
A) if evidence is not in plain view
B) if evidence is likely to be destroyed
C) if the suspect has been previously convicted
D) if there is no probable cause
75) According to the ________, evidence obtained from an unreasonable search and seizure can
generally be prohibited from introduction at a trial or an administrative proceeding against the
person searched.
A) presumption of innocence doctrine
B) double jeopardy rule
C) exclusionary rule
D) Miranda rights
76) Which Fifth Amendment provision in the U.S. Constitution do the Miranda Rights refer to?
A) double jeopardy
B) unreasonable searches and seizures
C) privilege against self-incrimination
D) parole eligibility
77) The Double Jeopardy Clause of the Fifth Amendment protects persons from ________.
A) evidence procured through unreasonable search and seizures
B) confessions obtained through physical force during an interrogation
C) being tried twice for the same crime
D) being subjected to a heavier penalty or longer imprisonment than originally sentenced to
78) Which of the following would violate the Double Jeopardy Clause?
A) The criminal act violates more than one jurisdiction and each jurisdiction tries the accused in
turn.
B) A case reaches a hung jury in court and the government reopens the case with a new jury.
C) A person is tried for a case similar to a case from which he was acquitted earlier.
D) The government reopens a case after new incriminating evidence is found against an
acquitted person.
79) Which of the following rights was provided under the Sixth Amendment?
A) right against self-incrimination
B) right to public jury trial
C) right to due process
D) double jeopardy
80) Gregory Aimes, who is being tried for murder, has been appointed Linda Steve as an
attorney for his defense. While questioning Gregory about the case, Linda gets a confession of
murder from Gregory. Linda cannot divulge this information to the proper authorities due to the
attorney-client privilege, wherein all information exchanged between client and attorney are
confidential. Under which one of the following conditions can Linda lawfully break her attorney-
client privilege with Gregory?
A) if Gregory asks that Linda be replaced as his attorney
B) if Linda voluntarily resigns as Gregory’s attorney
C) if Gregory is acquitted in the case
D) if Gregory discloses to Linda about a planned future murder
81) Which of the following Amendments protects criminal defendants from cruel and unusual
punishment, and also protects criminals from torture?
A) Fifth Amendment
B) Fourth Amendment
C) Eighth Amendment
D) Fourteenth Amendment
82) Why do governments and defendants enter into plea bargains?
83) Give an account of the Racketeer Influenced and Corrupt Organizations Act (RICO) in
business law.
84) Explain the role of penal codes and regulatory statutes in criminal law.
85) Discuss “receiving stolen property” as a crime.
86) Discuss mail fraud and wire fraud.