QUESTION 1

Under the common law as well as most statutes, __________ is larceny with the additional elements that (1) the property is taken from the victim or in the immediate presence of the victim, and (2) it is accomplished through either force or threat of force.

a.

bribery

b.

burglary

c.

robbery

d.

extortion

QUESTION 2

The improper taking of another's property by one in lawful possession of it, that violates a trust, is:

a.

theft.

b.

embezzlement.

c.

robbery.

d.

larceny.

QUESTION 3

Individuals may use reasonable force to protect individuals, themselves, and their property. Under the majority rule, reasonable force means:

a.

deadly force is reasonable to protect property.

b.

deadly force is reasonable to protect an individual's freedom of speech.

c.

deadly force is reasonable if an attack threatens the victim with serious bodily harm.

d.

deadly force is reasonable only within the bounds of one's domicile.

QUESTION 4

Which of the following is correct with respect to a grand jury?

a.

The grand jury decides the ultimate guilt or innocence of the defendant.

b.

The grand jury hears testimony of the defendant.

c.

The grand jury issues an indictment if it finds sufficient evidence to justify a trial on the charges alleged.

d.

All of these are correct.

QUESTION 5

A defendant who is indicted will next:

a.

be prosecuted.

b.

go before a grand jury.

c.

be arraigned.

d.

have a preliminary hearing.

QUESTION 6

How much force may an individual use to protect her property?

a.

As much as is necessary.

b.

Deadly force.

c.

Reasonable force, but not deadly force.

d.

All of these are correct.

QUESTION 7

Another name for an indictment is a(n):

a.

preliminary hearing.

b.

arraignment.

c.

verdict.

d.

true bill.

QUESTION 8

At common law, __________ was defined as a breaking and entering of a dwelling house at night with the intent to commit a felony.

a.

burglary

b.

bribery

c.

theft

d.

robbery

QUESTION 9

Tyler is self-employed and alters some receipts so he will show more expenses and therefore have a greater total of income tax deductions. Tyler has:

a.

engaged in securities fraud.

b.

committed the crime of forgery.

c.

engaged in no criminal activity.

d.

committed the crime of extortion.

QUESTION 10

Losses due to computer crimes are estimated to be:

a.

in the tens of billions of dollars.

b.

in the trillions of dollars.

c.

in the millions of dollars.

d.

decreasing because of stricter security measures now in place.

QUESTION 11

What happens if the police illegally seize evidence in violation of the Fourth Amendment?

a.

The defendant's arrest is nullified.

b.

The defendant will be paid for the expenses of his defense.

c.

The defendant is entitled to another trial.

d.

The evidence will be excluded from use at trial.

QUESTION 12

Assume a state has a criminal statute that punishes "every person who by himself or his employee or agent sells anything at short measure." Chris, an employee of Watkins Fencing, Inc. within that state, intentionally sells wire fence to Nowton Construction at short measure. Watkins:

a.

cannot be vicariously liable for Chris's action unless Watkins directed, participated in, or approved of the act.

b.

may be held criminally liable for Chris's act even if Watkins did not authorize this action.

c.

will not be vicariously liable for Chris's action if it was not authorized because the element of mental fault is missing on the part of Watkins.

d.

will only be held liable if Chris is a managerial employee.

QUESTION 13

Under RICO, a __________ is any of several criminal offenses such as murder, kidnapping, arson, extortion, and drug dealing.

a.

predicate act

b.

white-collar crime

c.

liable act

d.

mala in seact

QUESTION 14

The Fourth Amendment to the Constitution:

a.

requires a speedy trial.

b.

prevents double jeopardy.

c.

prohibits unreasonable search and seizure.

d.

All of these.

QUESTION 15

The privilege against self-incrimination extends to which of the following?

a.

Providing a handwriting sample.

b.

Appearing in a line-up for identification purposes.

c.

Taking a blood test after an accident.

d.

None of the above are protected by the privilege against self-incrimination.

QUESTION 16

Anita tells Bob that unless Bob pays her $5,000, she will tell his customers that he was once arrested for shoplifting as a teenager. The fact that Bob shoplifted as a teenager is true.

a.

Anita has committed the crime of bribery.

b.

In most jurisdictions Anita has committed the crime of extortion.

c.

In all jurisdictions in the United States, Anita would have to have received the money from Bob to be charged with a crime.

d.

Anita has committed the crime of defamation.

QUESTION 17

An employer directs his vice-president of marketing to fix prices with their company's competitors. The employee does so. Under these facts:

a.

neither the employee nor the employer is criminally liable.

b.

only the employee is criminally liable.

c.

both the employee and the employer are criminally liable.

d.

only the employer is criminally liable.

QUESTION 18

A criminal trial is similar to a civil trial, but there are some significant differences. These differences are:

a.

the defendant is always the government in a criminal trial.

b.

burden of proof on the prosecution is to prove criminal guilt beyond a reasonable doubt in a criminal trial.

c.

the defendant is required to testify.

d.

All of these.

QUESTION 19

Velma and Walter devised a scheme to defraud unsuspecting readers and then sent a message via e-mail to thousands of computer users, hoping to get rich from those who responded. This was their first such attempt. They may have violated:

a.

the CAN-SPAM Act.

b.

the International Internet Treaty Act.

c.

RICO.

d.

All of these.

QUESTION 20

At the __________, the accused is informed of the charge against him and he enters his plea.

a.

preliminary hearing

b.

information

c.

arraignment

d.

indictment