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Upon which amendment did Martin rely in refusing to testify at trial?


A) The Second Amendment.
B) The Third Amendment.
C) The Fourth Amendment.
D) The Fifth Amendment.
E) The Sixth Amendment.

F) C) and D)
G) C) and E)

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At trial a defense lawyer states that evidence should not be admitted because it is "fruit of the poisonous tree." Upon which of the following is the attorney relying?


A) The exclusionary rule.
B) The Fourth Amendment Rule.
C) The Eden Rule.
D) The Adam Rule.
E) The Eve Rule.

F) D) and E)
G) None of the above

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Which of the following is the term that describes wrongful behavior in a criminal action?


A) Mens rea.
B) Actus reus.
C) Res judicta.
D) Stare decisis.
E) Carpe diem.

F) D) and E)
G) A) and B)

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Which of the following is the making of an entry into the books of a bank or corporation that is designed to represent the existence of funds that do not exist?


A) False entry
B) Defalcation
C) False pretenses
D) Ponzi scheme
E) Pretexting

F) A) and E)
G) A) and D)

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Which of the following allows a defendant to be found not guilty by reason of insanity if he or she did not understand the nature of the act?


A) The irresistible impulse act.
B) The involuntary act.
C) The substantial capacity test.
D) The M'Naghten test.
E) The necessity defense.

F) None of the above
G) B) and E)

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Which of the following is using fraudulent means to obtain information about someone's phone use?


A) Pretexting
B) Ponzi scheme
C) False pretenses
D) False token
E) Defalcation

F) B) and C)
G) None of the above

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Which of the following is an example of the imposition of strict liability?


A) A robber pulls a gun to rob a bank teller.
B) A burglar breaks into a home to steal jewelry.
C) A business sells cigarettes to a minor.
D) A minor shoplifts in a department store.
E) An adult shoplifts in a department store.

F) All of the above
G) A) and C)

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Penny,who is the president of XYZ Corporation,tells Andy that buying stock in XYZ Corporation right now is a good idea.Andy is only casually acquainted with Penny and did not know that she was an officer of the corporation.He,however,acting on her information investigated the company somewhat and proceeded to buy some stock.Both Penny and Andy were charged with insider trading.Both Penny and Andy say that they did not know that insider trading was against the law.Also,Andy says that he did not even know that Penny was an officer of XYZ Corporation and that he thought the information at issue was public information.Provide the legal definitions for the defenses asserted and discuss whether they are adequate.

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By claiming that they did not know that ...

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What was the result in the case of U.S.v.Park,the case in which the defendant,the president of a national food-chain corporation,claimed he should not be held liable for allowing food in a warehouse to be exposed to rodent contamination because he had delegated responsibility to subordinates?


A) The court dismissed all claims against him because of insufficient proof that he had actively allowed contamination.
B) The court dismissed all claims against him because of insufficient proof of negligence.
C) The court refused to dismiss claims against him because the offense was a strict liability offense.
D) The court refused to dismiss claims against him because of insufficient proof of delegation.
E) The court refused to dismiss claims against him because of proof that he had responsibility and authority to prevent the contamination or to correct it and failed to do so.

F) A) and E)
G) A) and D)

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Which of the following occurs when companies bill consumers for optional services that the consumers did not order?


A) Slamming
B) Cramming
C) Stuffing
D) Fraudulent adding
E) Fraudulent transfer

F) C) and E)
G) A) and B)

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Upon which of the following defenses would Martin's lawyer rely upon in regards to the second charge after Martin was found not guilty?


A) The defense of double jeopardy
B) The Fifth defense
C) The Single Trial defense
D) The Eighth Amendment
E) The Sixth Amendment

F) A) and D)
G) A) and E)

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Which offense is Sally guilty of,if any,in purchasing stock of her company?


A) Insider trading
B) Tipping
C) Insider misappropriation
D) Extortion
E) She is guilty of no offense

F) All of the above
G) B) and D)

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Under our criminal laws that exist today,white-collar crime is not punishable by imprisonment.

A) True
B) False

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Which of the following requires a "pattern"?


A) The Racketeer Influenced and Corrupt Organizations Act.
B) The False Claims Act.
C) The Sarbanes-Oxley Act of 2002.
D) The crime of false pretenses.
E) The crime of false token.

F) All of the above
G) A) and E)

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Under the common law,a corporation could not be considered a criminal because it was not an actual person and,thus,did not have a mind.

A) True
B) False

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Set for the four activities referenced in the text that may constitute a violation of the Racketeer Influenced and Corrupt Organizations Act (RICO).

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The statute makes it a federal crime to ...

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Which of the following occurs when a defendant makes a first appearance?


A) A magistrate determines whether there was proof beyond a reasonable doubt for the arrest.
B) A magistrate determines whether there was probable cause for the arrest.
C) A magistrate determines whether the defendant was properly booked but not whether the defendant was properly arraigned.
D) A magistrate determines whether the defendant was properly arraigned but not whether the defendant was properly booked.
E) A magistrate determines whether the defendant was properly booked and also whether the defendant was properly arraigned.

F) B) and D)
G) None of the above

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Which of the following occurs when someone unlawfully enters a building with the intent to commit a felony?


A) Robbery
B) Burglary
C) Larceny
D) Arson
E) Criminal fraud

F) A) and C)
G) B) and E)

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Under the Sarbanes-Oxley Act,it is now a felony to willfully fail to maintain proper records of audits and work papers for at least ______ years.


A) 2
B) 3
C) 4
D) 5
E) 6

F) A) and D)
G) All of the above

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Explain the type of conduct generally referenced by the term "criminal fraud" and list the three elements generally involved in establishing criminal fraud.

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Criminal fraud encompasses a variety of ...

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