iMeeMine Inc. develops a new mobile phone that the company names "Call Mee." iMeeMine can obtain trademark protection for

	a.	the phone.
	b.	the name "Call Mee."
	c.	the "newness" of the device.
	d.	none of the choices.

2 points

QUESTION 2

Beans Coffee & Cocoa Company makes and sells a chocolate-flavored coffee drink under the name "CoCoCafe." Darkroast Java, Inc., later markets a similar tasting drink under the name "KoKoKafe." This is most likely

	a.	trademark infringement.
	b.	copyright infringement.
	c.	a theft of trade secrets.
	d.	patent infringement.

2 points

QUESTION 3

From Southeast Asia, Tai Ltd. exports genuine trademarked goods to the United States. Tai also makes labels bearing another firm's trademark, ships the labels to another location, and then affixes them to an inferior product. Tai sells these goods to retailers who are unaware that the marks are counterfeit. It is a crime to

	a.	import genuine trademarked goods.
	b.	traffic in counterfeit packaging.
	c.	unknowingly buy goods with a counterfeit mark.
	d.	sell counterfeit versions of brand-name products in foreign countries.

2 points

QUESTION 4

Wendy works as a weather announcer for a TV station under the character name Weather Wendy. Wendy can register her name as a

	a.	a certification mark.
	b.	a collective mark.
	c.	a trade name.
	d.	a service mark.

2 points

QUESTION 5

Mace copies Nick's book, Off the Road, in its entirety and sells it to Parkland Books, Inc., without Nick's permission. Parkland publishes it under Mace's name. This is

	a.	protected expression.
	b.	copyright infringement.
	c.	licensing.
	d.	fair use.

2 points

QUESTION 6

Sun-Hi, who operates a Pan-Asian restaurant in her apartment, is charged with criminal violations of the local health and building codes, state license regulations, and federal environmental statutes. The standard of proof to find a defendant who has been charged with a crime guilty is

	a.	a unanimous verdict.
	b.	beyond a reasonable doubt.
	c.	clear and convincing evidence.
	d.	a preponderance of the evidence.

2 points

QUESTION 7

Bull is arrested at a warehouse in Corporate Park and charged with the crime of theft. Bull will be prosecuted by

	a.	the owner of the warehouse.
	b.	any third party unrelated to Bull, the property, or the crime.
	c.	the owner of the property that Bull is charged with stealing.
	d.	a public official.

2 points

QUESTION 8

Reese, driving while intoxicated, causes a car accident that results in the death of Sanyo. Reese is arrested and charged with a felony. A felony is a crime punishable by death or imprisonment for

	a.	more than ten days.
	b.	more than one year.
	c.	more than six months.
	d.	any period of time.

2 points

QUESTION 9

Ludwig receives from Milo a marimba stolen from Nadine. Which of the following, if Ludwig knew, would cause him to be criminally liable?

	a.	What a marimba is.
	b.	Nadine did not want the marimba.
	c.	Milo overcharged him for the marimba.
	d.	That the marimba is stolen and he intended to keep it.

2 points

QUESTION 10

Edith works for Fast Trades, Inc., a brokerage that facilitates frequent, quick securities transactions for investors. Edith steals her employer's computer program to start up her own competing business, Get Rich Quick, Inc. This is

	a.	no crime.
	b.	robbery.
	c.	larceny.
	d.	obtaining goods by false pretenses.

2 points

QUESTION 11

Ossie enters a convenience store and points a gun at the clerk Pico. Ossie forces Pico to open the cash register and give him all the money. Ossie will most likely be charged with

	a.	robbery.
	b.	burglary.
	c.	larceny.
	d.	receiving stolen property.

2 points

QUESTION 12

Laird is an employee of Motor Parts, an auto parts store. On the orders of his employer, he switches trademarks on parts that come into the store to be sold to consumers. This is most likely

	a.	larceny.
	b.	obtaining goods by false pretenses.
	c.	robbery.
	d.	forgery.

2 points

QUESTION 13

Bond, the owner of CinePlex, trusts Dex to manage the theater's daily cash flow. One night, without Bond's knowledge or consent, Dex takes and keeps $1,000 from the receipts. This is most likely

	a.	burglary.
	b.	embezzlement.
	c.	robbery.
	d.	larceny.

2 points

QUESTION 14

Mariah takes off her ring and places it on her desk while she works. Without her knowledge or consent, her coworker Nita picks up the ring, puts it on, and walks away. Nita has likely committed

	a.	larceny.
	b.	burglary.
	c.	no crime.
	d.	forgery.

2 points

QUESTION 15

Berto pushes Consuela to the ground, grabbing her smartphone as she falls. The use of force or fear is required for this act to constitute

	a.	larceny.
	b.	burglary.
	c.	robbery.
	d.	any crime.

2 points

QUESTION 16

Bruno is a businessperson with investments in legal and illegal operations. Bruno may be subject to penalties under RICO

	a.	only in a case involving a "racket."
	b.	for making an unprofitable, but legal, investment.
	c.	for the commission of any business fraud.
	d.	only in a case involving organized crime.

2 points

QUESTION 17

Sandy, a businessperson, is convicted of RICO offenses. Sandy's penalties may include

	a.	imprisonment for up to twenty years.
	b.	a fine of up to $25,000 per violation.
	c.	all of the choices.
	d.	divestiture or dissolution of Sandy's business.

2 points

QUESTION 18

Edwin is charged with a crime. Almost all federal courts and some state courts would not hold him liable if, at the time of the offense, as a result of a mental disease or defect, he lacked substantial capacity to obey the law and to appreciate

	a.	the wrongfulness of his conduct.
	b.	the authority of the court.
	c.	the fruits of his crime.
	d.	the power of the police.

2 points

QUESTION 19

Mae is granted immunity after she agrees to testify about a crime. Mae has an absolute privilege against self-incrimination and can

	a.	refuse to testify.
	b.	be prosecuted only for a crime about which she agreed to testify.
	c.	not be prosecuted for any crime.
	d.	not refuse to testify.

2 points

QUESTION 20

Ryan is accused of auto theft. Ryan refuses to give information related to his alleged criminal activities because he suspects it will be used to prosecute him. This is

	a.	duress.
	b.	the privilege against self-incrimination.
	c.	entrapment.
	d.	necessity.

2 points

QUESTION 21

Gilda is accused of conspiracy to defraud. She is given an opportunity to object to the charge before a judge. She is also given the opportunity to confront and cross-examine witnesses and to present her own witnesses. These procedures represent

	a.	due process of law.
	b.	a reasonable expectation of privacy.
	c.	the prohibition against double jeopardy.
	d.	the privilege against self-incrimination.

2 points

QUESTION 22

Erica, a police officer, wants to search the offices of Debit & Credit, Accountants. She asks Judge Bernie to issue a warrant. Under the Fourth Amendment, no warrant for a search can be issued without

	a.	probable cause.
	b.	reasonable doubt.
	c.	immunity.
	d.	double jeopardy.

2 points

QUESTION 23

Skip is accused of a crime. Skip can refuse to provide information about his allegedly criminal activities

	a.	if he suspects the information will be used to prosecute him.
	b.	if the police do not promise to keep the information confidential.
	c.	if the information is "fruit of the poisonous tree."
	d.	under no circumstances.

2 points

QUESTION 24

Don sends an e-mail to Eve, promising her a percentage of the amount in a foreign bank account if she will assist in transferring the funds to a U.S. bank account. Eve forwards her account number, but the funds are never sent. Instead, Don quickly withdraws the funds in Eve's account. This is

	a.	identity theft.
	b.	cyber fraud.
	c.	hacking.
	d.	phishing.

2 points

QUESTION 25

Herb, a computer programmer for Inventory Control Ltd., is arrested in his employer's parking lot on suspicion of larceny. Herb must be informed of his right to

	a.	a trial by jury.
	b.	punishment.
	c.	question witnesses.
	d.	remain silent.

2 points

QUESTION 26

Jade puts up a collection of sports memorabilia for bids on BuyBuy, an Internet auction site. Khalil makes the highest bid and sends the payment, which Jade receives, but she does not send the collection. This is

	a.	hacking.
	b.	cyber fraud.
	c.	phishing.
	d.	identity theft.

2 points

QUESTION 27

Posing as Visa Bank, Walt e-mails Paula, asking her to update her credit-card information through a link in the e-mail. She clicks on the link and types in the data, which Walt promptly sells to O"Hara. This is

	a.	cyberterrorism.
	b.	employment fraud.
	c.	hacking.
	d.	phishing.

2 points

QUESTION 28

Via the Internet, Rocco sabotages the computer system of Quik Chik'n Inc., 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. Rocco is

	a.	an entrapper.
	b.	a network employee.
	c.	a cyberterrorist.
	d.	a prosecutor.

2 points

QUESTION 29

Enrico accesses Finance Bank's computer system without authority to obtain protected financial and credit records. Under federal law, this is

	a.	a felony if the bank brings a civil suit against Enrico.
	b.	a crime but not a felony.
	c.	a felony if it was done for a commercial purpose.
	d.	not a crime.

2 points

QUESTION 30

Rose commits an act via e-mail against Savers Bank, a business in Texas, where the act is a cyber crime. Rose resides in Utah where the act is not a crime. Prosecution of Rose in Texas involves questions of

	a.	"maximum contacts."
	b.	jurisdiction.
	c.	the immunity of Internet service providers.
	d.	encryption.

2 points

QUESTION 31

A verdict of guilty to a criminal charge nearly always requires a unanimous jury.

True

False

2 points

QUESTION 32

Criminal law spells out the duties that exist between persons or between citizens and their governments.

True

False

2 points

QUESTION 33

One purpose of criminal sanctions is to deter others from committing similar crimes in the future.

True

False

2 points

QUESTION 34

Public officials prosecute criminal defendants.

True

False

2 points

QUESTION 35

In a criminal case, the state must prove its case by a preponderance of the evidence .

True

False

2 points

QUESTION 36

The sanctions imposed on criminal wrongdoers are the same as those applied in civil cases .

True

False

2 points

QUESTION 37

A misdemeanor is a crime punishable only by a fine.

True

False

2 points

QUESTION 38

Felonies are punishable by imprisonment for more than a year or death.

True

False

2 points

QUESTION 39

Corporations, like persons, can be liable for crimes.

True

False

2 points

QUESTION 40

One element that normally must exist for a person to be convicted of a crime is the performance of a prohibited act.

True

False

2 points

QUESTION 41

Falsifying public records or altering a legal document is larceny.

True

False

2 points

QUESTION 42

A criminal intent or mens rea is typically required to establish criminal liability.

True

False

2 points

QUESTION 43

Embezzlement can be committed only by physically taking property from the possession of another.

True

False

2 points

QUESTION 44

Racketeering is a single crimeengaging in financial transactions to conceal the identity, source, or destination of illegally gained funds.

True

False

2 points

QUESTION 45

It is not a crime to defraud the public through the use of e-mail ads.

True

False

2 points

QUESTION 46

Ordinarily, "ignorance of the law" or a mistaken idea about what the law requires is a valid defense to criminal liability.

True

False

2 points

QUESTION 47

Constitutional safeguards to protect the rights of individuals apply in federal courts .

True

False

2 points

QUESTION 48

Under the exclusionary rule, illegally obtained evidence may not be included in any criminal prosecution.

True

False

2 points

QUESTION 49

Individuals who are arrested must be informed of certain constitutional rights .

True

False

2 points

QUESTION 50

A stolen credit card is more likely to hurt the cardholder than a merchant.

True

False