The Legal Environment of Business and Online Commerce, 7e (Cheeseman)
Chapter 7 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) A collection of criminal statutes is referred to as a(n) ________.
A) bill
B) constitution
C) penal code
D) charter
35) ________ include environmental laws, securities laws, and antitrust laws and provide for
criminal violations and penalties.
A) Constitutions
B) Regulatory statutes
C) Resolutions
D) Charters
36) Who is the plaintiff in a criminal lawsuit?
A) the government
B) the respondent
C) a private party
D) the victim
37) In the United States, what recourse does an accused person have in case he cannot afford a
private defense lawyer?
A) He will have to spend his time in jail till he can collect enough money to afford one.
B) A public defender will be appointed to the accused by the government for a nominal fee.
C) He will have to defend himself when the trial starts.
D) The government will provide an attorney for the accused free of charge.
38) ________ are the most serious of crimes, and are considered to be inherently evil.
A) Felonies
B) Infractions
C) Misdemeanors
D) Summary offences
39) 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) misdemeanor
B) indictable offence
C) felony
D) violation
40) A person found speeding is considered to have committed a(n) ________.
A) misdemeanor
B) felony
C) violation
D) indictable offence
41) 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) specific intent crime
D) nonintent crime
42) Which two elements are required to find a defendant guilty of an intent crime?
A) victim and criminal intent
B) motive and criminal intent
C) criminal act and criminal intent
D) criminal act and proof of gain
43) ________ crimes require that the perpetrator either knew or should have known that his or
her actions would lead to harmful results.
A) Nonintent
B) Specific intent
C) General intent
D) Explicit intent
44) 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 does not have the money to pay a civil judgment
C) when the criminal is found to be unfit to go to prison
D) when the criminal has been deemed to be insane
45) A(n) ________ is a document for a person’s detainment, based on a showing of probable
cause that the person committed a crime.
A) arrest warrant
B) possessory warrant
C) no-knock warrant
D) execution warrant
46) ________ is defined as the substantial likelihood that a person either committed or is about
to commit a crime.
A) Preponderance of evidence
B) Reasonable doubt
C) Probable cause
D) Reasonable suspicion
47) Which of the following is a difference between indictments and information statements?
A) Indictments are issued before a trial, while an information statement is issued after a trial.
B) Indictments are issued by a grand jury, while an information statement by a magistrate.
C) Information statements are issued to dismiss a case before it goes to trial, while an indictment
is issued to bring a case to trial.
D) Information statements are issued without determining guilt, while an indictment is issued
where guilt is evident.
48) A(n) ________ is a charge of having committed a crime, usually a felony, based on the
judgment of a grand jury.
A) arraignment
B) information statement
C) indictment
D) plea
49) At what stage of the criminal procedure is the accused asked to enter a plea?
A) when the accused is taken to an arraignment
B) while an indictment or information statement is being issued
C) when the accused is being booked
D) when the accused is being arrested
50) 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 plea where the accused agrees to the imposition of a penalty but does not admit guilt
C) a plea by which the defense attorney exhibits evidences that the defendant is not fit to stand
for trial
D) a guilty plea where the defendant does not admit the act and asserts innocence though there is
sufficient evidence against the defendant
51) A jury that cannot come to a unanimous decision about the defendant’s guilt is called a(n)
________.
A) grand jury
B) open jury
C) struck jury
D) hung jury
52) 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) plead not guilty and go to trial
B) enter into a plea of nolo contendere
C) plead guilty and serve the punishment set by the government, as this will suffice as the all-
binding punishment for the crime
D) enter into a plea bargain with the government and pay a nominal penalty set by the
government
53) What is the necessary condition for an accused person to be found guilty by a jury?
A) The jury’s guilty verdict has to be approved by the presiding judge.
B) At least half the jurors have to find the defendant guilty of the crime.
C) More than 50 per cent of the jurors have to find the defendant guilty of the crime.
D) All the jurors have to unanimously agree that the defendant is guilty of the crime.
54) Where is the felony murder rule applied?
A) when the felon in the case was killed while the crime transpired
B) when the murder was committed without intent, while committing another crime
C) when the reason for the death is found to be involuntary manslaughter
D) when the crime involves the intended murder of another person
55) 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) robbery
B) larceny
C) aggravated robbery
D) aggravated burglary
56) Which of the following crimes is an example of a white-collar crime?
A) battery
B) larceny
C) arson
D) forgery
57) The fraudulent making or alteration of a written document that affects the legal liability of
another person is called ________.
A) larceny
B) extortion
C) forgery
D) embezzlement
58) ________ is the fraudulent conversion of property by a person to whom that property was
entrusted.
A) Embezzlement
B) Bribery
C) Forgery
D) Extortion