Chapter 7b Most criminal liability depends on the performance of a prohibited 

Document Type
Test Prep
Book Title
The Legal Environment of Business: Text and Cases: Ethical-- Regulatory-- Global-- and Corporate Issues 8th Edition
Authors
Frank B. Cross, Roger LeRoy Miller
1. Most criminal liability depends on the performance of a prohibited act.
1. The crime of theft does not require that the perpetrator know whatever
is taken belonged to another.
1. Stealing software is not a crime.
1. The crime of bribery occurs when the bribe is offered even if it is not
accepted.
1. The only defense to criminal liability that justifies the use of force is
self-defense.
1. Most crimes must be prosecuted within a certain number of years.
1. There is at least one circumstance in which a person cannot refuse to
testify.
1. Under the exclusionary rule, all evidence must be included in a criminal
prosecution.
1. Any crime that requires knowledge of computer technology for its
perpetration is a computer crime.
1. Any crime committed with a computer is a cyber crime.
1. Because embezzlement is considered a white-collar crime, it cannot be
considered a computer crime.
1. Fraud has occurred online only by e-mail.
1. In cyberspace, thieves are as subject to physical limits as they are in
the “real” world.
1. Many Web sites use cookies” to collect data on those who visit their
sites.
1. Phishing occurs when a criminal poses as a member of the rock group
Phish.
1. Identity theft occurs when a wrongdoer steals another’s form of
identification.
1. A business takes a risk by electronically storing its customers’ credit
account numbers.
1. Hackers sometimes rent their “crimeware” as a service.
1. Jurisdiction can be a key issue in a case involving a cyber crime.
1. Computer fraud is a state, not a federal, crime.
1. Smitty, driving while intoxicated, causes a car accident that results in
the death of Tiffany. Smitty is arrested and charged with a felony. A
felony is a crime punishable by death or imprisonment for
a. any period of time.
b. more than one year.
c. more than six months.
d. more than ten days.
1. Biff wrongfully takes an unopened carton from a Cold Storage
Warehouse loading dock, puts the carton in his car, and drives away.
This is
a. burglary.
b. robbery.
c. larceny.
d. no crime.
1. Desi reaches into Edna’s pocket and takes her money, without her
consent and without her immediate awareness. Unlike robbery, picking
pockets does not involve
a. breaking and entering.
b. force or fear.
c. large amounts of money.
d. weapons.
1. On the orders of their corporate employer, Della and Efron, employees
of Fabulous Fashionista, a clothing store, switch trademarks on clothing
that comes into the store to be sold to consumers. This is most likely
a. forgery.
b. larceny.
c. robbery.
d. no crime.
1. Ludwig receives from Milo a marimba stolen from Nadine. To be crimi-
nally liable, Ludwig must know
a. Milo.
b. Nadine.
c. the marimba is stolen.
d. what a marimba is.
1. Val, the owner of Wild Wheels, a bicycle store, trusts Xavier to manage
the store’s daily cash flow. One night, without Val’s knowledge or con-
sent, Xavier takes and keeps $500 from the receipts. This is most
likely
a. embezzlement.
b. larceny.
c. robbery.
d. no crime.
1. In relation to Edie’s solicitation of investors in a nonexistent business,
she is charged with “mail fraud.” This requires, among other things,
a. claiming that an item is “in the mail” when it is not.
b. deceiving postal authorities as to the content of an item of mail.
c. depositing items in the postal system without proper postage.
d. mailing or causing someone else to mail a writing.
1. Ilise, an employee of Pyro Displays, Inc., pays Gavin, an employee of
Pyro’s competitor Fire Worx Company, for a secret Fire Worx pricing
schedule. This may be
a. an effective marketing strategy.
b. commercial bribery.
c. creative legal bookkeeping.
d. money laundering.
1. Page points a knife at Ray’s daughter, threatening to hold her hostage
and “cut” her unless Ray takes a certain file from Skelter Supplies
Corporation, his employer. Charged with theft, Ray can successfully
claim as a defense
a. insanity.
b. duress.
c. entrapment.
d. self-defense.
1. Ethan, the president of Financial Investments, Inc. (FII), and Gina, FII’s
accountant, are charged with a crime, after the police search FII’s of-
fices. Under the exclusionary rule
a. certain FII records are excluded from subpoena by the
government.
b. certain parties to a criminal action may be excluded from a trial.
c. illegally obtained evidence must be excluded from a trial.
d. persons who have biases that would prevent them from fairly de-
ciding the case may be excluded from the jury.
1. Jesse arrests Imelda on suspicion of embezzlement. According to the
United States Supreme Court in Case 9.3, Miranda v. Arizona,
Imelda must be apprised of certain of her rights
a. after any questioning.
b. at any time during questioning.
c. only in the absence of questioning.
d. prior to any questioning.
1. Mike is arrested at a warehouse in North Industrial Park. A government
prosecutor issues a formal charge against Mike for receiving stolen
property. This charge is
a. an arraignment.
b. an indictment.
c. an information.
d. an inquisition.
1. Swinborn sells “Tyger” steroids over the Internet. He is arrested and
charged with the sale of a controlled substance. This is cyber crime,
which is
a. a crime in which the letter “y” is used in the misspelling of a
word.
b. a crime that occurs in the virtual community of the Internet.
c. a crime that is less real than the same crime in the physical
world.
d. no crime.
1. Travis sends Ursula a link to a purported e-birthday card that when
clicked on downloads software to her computer to record her keystrokes
and send the data to Travis. He uses the data to obtain her personal
information and access her financial resources. This is
a. identity theft.
b. no crime.
c. regifting.
d. Windows shopping.
1. Posing as Sterling Bank, Roxanne e-mails Quentin, asking him to
update his personal banking information by calling a certain phone
number. He makes the call and supplies the data, which Roxanne
promptly sells to Porcio. This is
a. no crime.
b. employment fraud.
c. phishing.
d. vishing.
1. Omar sends Nell an e-mail ad touting software that will cloak its user
in “the anonymity of the Internet.” Nell pays Omar for the software,
which is never delivered to her. This is online
a. auction fraud.
b. puffery.
c. retail fraud.
d. frustration but not fraud.
1. Jared uses his computer to secretly install software on thousands of
personal computers without their owners’ knowledge. The program can
reproduce itself and spread from one computer to another via any USB
port. This program is
a. a hacker.
b. a bot.
c. a virus.
d. a worm.
1. Boris programs software to prompt a computer to continually crash and
reboot. Boris’s goal is to install this program on various companies’
computer systems without the companies’ knowledge. The program can
reproduce itself, but must be attached to a host file to travel from one
computer network to another. This program is
a. a hacker.
b. a bot.
c. a virus.
d. a worm.
1. Iggy uses his computer to break into Hye Technology Company’s com-
puter. Iggy is
a. a hacker.
b. a bot.
c. a botnet.
d. a worm.
1. Patricia commits an act via e-mail against Othman Finance Company, a
business in California, where the act is a cyber crime. Patricia resides
in New York where the act is not a crime. Prosecution of Patricia in
California involves questions of
a. jurisdiction.
b. “maximum contacts.”
c. the immunity of Internet service providers.
d. encryption.
1. Kino sees a DVD player on the porch of Lulu’s house, takes the player
to his home, and tells everyone he owns it. Maya, holding a knife,
forces Nick to give her his boom box, and runs away with it. Ollie
breaks into Pam’s apartment, takes a computer, and leaves. Quico sells
Randi an expensive wristwatch for a fraction of its value, admitting that
the watch is stolen property but claiming that he is not the thief. Which
of these acts are crimes, and what are the differences among them?
1. Ron is an accountant in Standard Business Company’s accounting de-
partment. Ron’s daughter’s college tuition is due within a week, or she
cannot continue taking classes. To meet the due date, Ron transfers
funds from Standard to a fictitious bank account, planning to repay the
firm within one month. The transfer is discovered before the firm is re-
paid, and Ron is arrested. What crime, or crimes, if any, has Ron
committed?
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