Chapter 7a A misdemeanor is a crime punishable only by a fine

subject Type Homework Help
subject Pages 16
subject Words 1976
subject Authors Frank B. Cross, Roger LeRoy Miller

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1. A misdemeanor is a crime punishable only by a fine.
1. Thinking about killing someone constitutes the crime of attempted
murder.
1. A wrongful mental state is typically required for criminal liability.
1. Picking pockets is not robbery.
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1. A person who commits larceny can be sued under tort law.
1. It may be a crime to
take
another’s property, but it is not a crime to
receive
stolen goods.
1. Changing a trademark is forgery.
1. A person’s intent to return embezzled property is a defense to the
crime of embezzlement.
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1. A kickback for a special favor or service is not considered a bribe.
1. A defendant may be relieved of liability by showing that a criminal act
was necessary to prevent an even greater harm.
1. Ordinarily, “ignorance of the law is an excuse,” or a valid defense to
criminal liability.
1. A suspect cannot be tried twice in the same court for the same crime.
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1. The purpose of the exclusionary rule is to encourage criminals to
provide exclusive evidence of their crimes.
1. Any crime that requires knowledge of computer technology for its
investigation is a computer crime.
1. Most cyber crimes are “new” crimes.
1. It is not identity theft to use a fabricated identity to access financial
resources online.
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1. Vishing is phishing that involves voice communication.
1. A stolen credit card is more likely to hurt a consumer than a merchant.
1. A hacker is someone who uses one computer to break into another.
1. A cyberterrorist might target a government agency, but not a business.
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1. Gail is a “payday” lender charged with filing false claims in bankruptcy
proceedings against her debtors. The standard of proof to find a
defendant who has been charged with a crime guilty is
a. a preponderance of the evidence.
b. beyond all doubt.
c. beyond a reasonable doubt.
d. clear and convincing evidence.
1. Domino causes a disturbance at El Nino Cafe. He is arrested and
charged with disorderly conduct, a misdemeanor. A misdemeanor is a
crime punishable by
a. a fine only.
b. imprisonment up to one year.
c. imprisonment up to six months.
d. imprisonment up to ten days.
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1. Plato works for Quirky Squirters, Inc. During work hours, Plato “steals”
his employer’s computer time to start up his own business, Rowdy
Drenchers. This is
a. burglary.
b. robbery.
c. larceny.
d. no crime.
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1. Rock pushes Sylvia to the ground, grabbing her purse as she falls. The
use of force or fear is required for this act to constitute
a. burglary.
b. forgery.
c. larceny.
d. robbery.
1. Ivan signs Jeb’s name, without his authorization, to the back of a
check. This is
a. no crime.
b. forgery.
c. larceny.
d. robbery.
1. Sven receives an MP3 player stolen from Tomas. To be criminally
liable, Sven must know
a. the player is stolen.
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b. Tomas is the true owner.
c. how to operate an MP3 player.
d. what an MP3 player is.
1. Riley, a Sterling Bank employee, deposits into his account checks that
are given to him by bank customers to deposit into their accounts. This
is
a. burglary.
b. embezzlement.
c. larceny.
d. money laundering.
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1. Mona offers Ned, a building inspector, money to overlook the violations
in her new warehouse. Ned accepts the money and overlooks the
violations. Mona is charged with the crime of bribery. The crime
occurred when
a. Mona decided to offer the bribe.
b. Mona offered the bribe.
c. Ned accepted the bribe.
d. Ned overlooked the violations.
1. Cameron manages an illegal gambling operation in his BBQ Bar &
Grill. Cameron reports the profits of the gambling operation as income
from BBQ’s legitimate activities on its tax returns. This is
a. embezzlement.
b. larceny.
c. money laundering.
d. no crime.
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1. Davis points a gun at Eton, threatening to shoot him if he does not
steal from his employer, Freddy’s Convenience Store, and give the
stolen funds to Davis. Charged with theft, Eton can successfully claim,
as a defense
a. nothing.
b. duress.
c. entrapment.
d. self-defense.
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1. Vance points a gun at Workman, threatening to shoot him. Workman
hits Vance, causing his death. Charged with homicide, Workman can
successfully claim as a defense
a. nothing.
b. duress.
c. entrapment.
d. self-defense.
1. Ollie, an employee of Payroll Management Corporation, is arrested at
work. A grand jury issues a formal charge against Ollie for larceny.
This charge is
a. an arraignment.
b. an indictment.
c. an information.
d. an inquisition.
1. Jean sends e-mail to Irwin promising a percentage of the amount in an
African bank account for assistance in transferring the funds to a U.S.
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bank account. Irwin forwards his account number, but the funds are
never sent. Instead, Jean quickly withdraws the funds in Irwin’s
account. This is
a. online greed but not fraud.
b. an online fool-me-once, shame on you” occurrence but not fraud.
c. online gambling but not fraud.
d. online fraud.
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1. Harvey puts up a guitar for bids on eWay, a Web auction site. Faith
makes the highest bid and sends the payment, which Harvey receives,
but he does not send the guitar to her. This is online
a. auction fraud.
b. puffery.
c. retail fraud.
d. frustration but not fraud.
1. Posing as Platinum Bank, Oswald e-mails Nadia, asking her to update
her personal banking information through a link in the e-mail. She
clicks on the link and types in the data, which Oswald promptly sells to
Moe. This is
a. no crime.
b. employment fraud.
c. phishing.
d. vishing.
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1. Posing as a representative of Global Games Company, Ferris e-mails
Evan, a job seeker, asking him to forward personal banking information
so that if he is hired, payroll checks can be deposited directly into his
account. Evan supplies the data, which Ferris promptly sells to Dixie.
This is
a. no crime.
b. employment fraud.
c. phishing.
d. vishing.
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1. Minka uses her computer to secretly install software on hundreds of
personal computers without their owners’ knowledge.Refer to Fact
Pattern 7-1A. Minka’s secretly installed software allows her to forward
transmissions from her unauthorized network to even more systems.
This network is
a. a hacker.
b. a bot.
c. a botnet.
d. a worm.
1. Minka uses her computer to secretly install software on hundreds of
personal computers without their owners’ knowledge.Refer to Fact
Pattern 7-1A. Minka’s software is harmful to the computers on which
she installed it. This program is
a. malware.
b. badware.
c. harmware.
d. infectware.
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1. Via the Internet, Rocky sabotages the computer system of Quik Chik’n
Company, a food manufacturer, with the purpose of altering the levels
of ingredients of the company’s products so that consumers of the food
become ill. Rocky is
a. a cyberterrorist.
b. a botnet.
c. a virus.
d. a worm.
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1. Rashad accesses Quant Company’s computer system without authority
to obtain protected financial data. Under federal law, this is
a. a felony if it is committed for a commercial purpose.
b. a felony if Quant brings a civil suit against Rashad.
c. not a crime.
d. a crime, but not a felony.
1. Sophie is the president of Tasty Foods Corporation, a wholesale
grocery company. An inspection by Uri, a government agent, uncovers
unsanitary conditions caused by Vic, a Tasty Foods employee, in the
company’s warehouse. Will, a Tasty Foods vice president, assures Uri
that the situation will be corrected, but a later inspection reveals no
such corrections. Sophie knows nothing about any of this. Can Tasty
Foods be convicted of a crime in these circumstances? Can Sophie be
held personally liable?
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1. Good Health & Life Insurance Corporation suffers a security breach in
its computer network. Before the company discovers the breach, the
perpetrator obtains corporate financial records and other confidential
data, including marketing plans. Is this a crime? If so, what are its
elements? What steps might Good Health & Life take to ensure that
going forward only authorized users access the data on its computers?
Whose effortsthose of the federal government or Good Health & Life
are most important in securing the company’s computer infrastructure
and why?
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