The Legal Environment of Business 11th Edition by Roger E. Meiners - Test Bank

The Legal Environment of Business 11th Edition by Roger E. Meiners – Test Bank

 

Instant Download – Complete Test Bank With Answers

 

 

Sample Questions Are Posted Below

 

 

 

 

 

 

Chapter 5

 

 

Criminal Law and Business

 

 

TEST BANK

 

 

 

1. As discussed in the chapter, which would be the best definition of crime:
2. an act that violates the right of another citizen or group of citizens
3. a positive or negative act that is an offense against a state or federal government
4. an act that “shocks the conscience of the court”
5. an offense against rules of behavior prescribed in the constitution of a state or the nation
6. none of the other choices

 

ANSWER:  b  (page 118)

 

National:  AACSB Analytic; Communication; AICPA BB-Legal

 

2. As discussed in the chapter, which would be the best definition of crime:
3. an act that violates the right of another citizen or group of citizens
4. an act that violates secure common law rights
5. an act that “shocks the conscience of the court”
6. an offense against rules of behavior prescribed in the constitution of a state or the nation
7. none of the other choices

 

ANSWER:  e  (page 118)

 

National:  AACSB Analytic; Communication; AICPA BB-Legal

 

3. A positive or negative act that is an offense against a state or federal government is a(n):
4. crime
5. stare decisis
6. offensive gesture
7. offensive action
8. illegal action

 

ANSWER:  a  (page 118)

 

National:  AACSB Communication; AICPA BB-Legal

 

4. Criminal codes:
5. define the scope of offenses against the public
6. define the scope of offenses against defendants
7. define the scope of defenses against the public
8. define the scope of offenses minors can commit
9. define the scope of defenses that may be used in court

 

ANSWER:  a  (page 118)

 

National:  AACSB Communication; AICPA BB-Legal

 

5. Criminal codes:
6. define the scope of defenses that may be used in court
7. define the scope of offenses against defendants
8. define the scope of defenses against the public
9. define the scope of offenses minors can commit
10. none of the other choices are correct

 

ANSWER:  e  (page 118)

 

National:  AACSB Communication; AICPA BB-Legal

 

6. Criminal law is:
7. primarily made up of statutes passed by Congress and state legislatures
8. primarily from common law
9. primarily from British law
10. primarily made up of statutes derived from International law
11. primarily made up of laws adapted from civil law

 

ANSWER:  a  (page 118)

 

National:  AACSB Analytic; Communication; AICPA BB-Legal

 

7. Criminal law is:
8. primarily made up of laws adapted from civil law
9. primarily from ancient Greek law
10. primarily from British law
11. primarily made up of statutes derived from International law
12. none of the other choices are correct

 

ANSWER:  e  (page 118)

 

National:  AACSB Analytic; Communication; AICPA BB-Legal

 

8. Each state has both:
9. a criminal code and a friendly code
10. a federal criminal code and a state criminal code
11. a civil code and a free code
12. a civil code and a law code
13. a federal criminal code and a county criminal code

 

ANSWER:  b  (page 118)

 

National:  AACSB Analytic; AICPA BB-Legal

 

9. Each state has both:
10. a criminal code and a nice code
11. a federal criminal code and a county criminal code
12. a civil code and a free code
13. a civil code and a law code
14. none of the other choices are correct

 

ANSWER:  e  (page 118)

 

National:  AACSB Analytic; AICPA BB-Legal

 

10. Crimes and punishments are:
11. determined by statues passed by federal and state legislatures
12. determined by statues passed by federal and state courts
13. determined by statues passed by federal and state judges
14. determined by statues passed by state executives
15. determined by statues voted on by federal executives

 

ANSWER:  a  (page 118)

 

National:  AACSB Analytic; AICPA BB-Legal

 

11. Crimes and punishments are:
12. determined by statues voted on by federal executives
13. determined by statues passed by federal and state courts
14. determined by statues passed by federal and state judges
15. determined by statues passed by state executives
16. none of the other choices are correct

 

ANSWER:  e  (page 118)

 

National:  AACSB Analytic; AICPA BB-Legal

 

12. The determination of what are crimes and the kinds of punishments is limited by:
13. federal norms
14. state norms
15. international protocols
16. federal and state constitutions
17. federal and state officials

 

ANSWER:  d  (page 118)

 

National:  AACSB Analytic; AICPA BB-Legal

 

13. The determination of what are crimes and the kinds of punishments are is limited by:
14. federal norms
15. state norms
16. international protocols
17. federal and state administrative rules
18. none of the choices are correct

 

ANSWER:  e  (page 118)

 

National:  AACSB Analytic; AICPA BB-Legal

 

14. Federal and state constitutions:
15. set limits on crimes and punishments
16. limit the determination of what civil laws are
17. increase federal power at the expense of personal freedom
18. set limits on how many charges may be brought against a business
19. none of the other choices are correct

 

ANSWER:  a  (page 118)

 

National:  AACSB Analytic; AICPA BB-Legal

 

15. Federal and state constitutions:
16. limit the number of years chief magistrates can serve
17. limit the determination of what civil laws are
18. increase federal power at the expense of personal freedom
19. set limits on how many charges may be brought against a business
20. none of the other choices are correct

 

ANSWER:  e  (page 118)

 

National:  AACSB Analytic; AICPA BB-Legal

 

16. In the United States, only _____________ can bring criminal charges.
17. public institutions
18. private citizens
19. the government
20. the Supreme Court
21. private investigators

 

ANSWER:  c  (page 118)

 

National:  AACSB Analytic; AICPA BB-Legal

 

17. In the United States, only _____________ can bring criminal charges.
18. public institutions
19. private citizens
20. private investigators
21. the Supreme Court
22. none of the other choices are correct

 

ANSWER:  e  (page 118)

 

National:  AACSB Analytic; AICPA BB-Legal

 

18. Unlike in the United States, in Britain:
19. private individuals cannot bring criminal charges against others
20. private individuals can bring criminal charges against others
21. no one can bring criminal charges against others
22. minors cannot be tried in court
23. none of the other choices are correct

ANSWER:  b  (page 118)

 

National:  AACSB Analytic; AICPA BB-Legal

 

19. Unlike in the United States, in Britain:
20. private individuals cannot bring criminal charges against others
21. private corporations can bring civil charges against others
22. no one can bring criminal charges against others
23. minors cannot be tried in court
24. none of the other choices are correct

ANSWER:  e  (page 118)

 

National:  AACSB Analytic; AICPA BB-Legal

 

20. Which of the following can be a consequence of committing a crime:
21. being removed from public office
22. being disqualified from holding office
23. being disqualified from owning a firearm
24. being disqualified from voting in public elections
25. all of the other choices are correct

 

ANSWER:  e  (page 118)

 

National:  AACSB Analytic; AICPA BB-Legal

 

21. A felony is generally defined as a crime that:
22. may be punished by more than a year in prison
23. may be punished by the possibility of time in prison, not just a fine
24. violates a federal statute punishable by up to life in prison
25. is classified as a class A offense of a state or federal statute
26. none of the other choices

 

ANSWER:  a  (page 118)

 

National:  AACSB Analytic; Communication; AICPA BB-Legal

 

22. A felony is generally defined as a crime that:
23. violates the “integrity of the law”
24. may be punished by the possibility of time in prison, not just a fine
25. violates a federal statute punishable by up to life in prison
26. is classified as a class A offense of a state or federal statute
27. none of the other choices are very good

 

ANSWER:  e  (page 118)

 

National:  AACSB Analytic; Communication; AICPA BB-Legal

 

23. A serious crime is a:
24. felony
25. misdemeanor
26. stare decisis
27. tort
28. bankruptcy

 

ANSWER:  a  (page 118)

 

National:  AACSB Communication; Analytic; AICPA BB-Legal

 

24. A serious crime is a:
25. bankruptcy
26. misdemeanor
27. stare decisis
28. tort
29. none of the other choices are correct

 

ANSWER:  e  (page 118)

 

National:  AACSB Communication; Analytic; AICPA BB-Legal

 

25. A misdemeanor is generally:
26. is not a crime
27. can only involve the violation of a state, not federal, statute
28. is an offense against the state that is not punishable by time in prison
29. is an offense that does not involve bodily harm to another person
30. is a crime punishable by less than a year in prison

 

ANSWER:  e  (page 118)

 

National:  AACSB Analytic; Communication; AICPA BB-Legal

 

26. A misdemeanor is generally:
27. is not a crime
28. can only involve the violation of a state, not federal, statute
29. is an offense against the state that is not punishable by time in prison
30. is an offense that does not involve bodily harm to another person
31. none of the other choices are accurate

 

ANSWER:  e  (page 118)

 

National:  AACSB Analytic; Communication; AICPA BB-Legal

 

27. A crime that is punishable by less than a year in prison is a:
28. misdemeanor
29. felony
30. assault
31. tort
32. none of the other specific choices are correct

 

ANSWER:  a  (page 118)

 

National:  AACSB Analytic; Communication; AICPA BB-Legal

 

28. Another term for misdemeanor is:
29. small crime
30. civil crime
31. penal crime
32. petty offense
33. petty crime

 

ANSWER:  d  (page 118)

 

National:  AACSB Analytic; Communication; AICPA BB-Legal

 

29. Another term for misdemeanor is:
30. small crime
31. civil crime
32. penal crime
33. petty misdemeanor
34. none of the other specific choices are correct

 

ANSWER:  e  (page 118)

 

National:  AACSB Analytic; Communication; AICPA BB-Legal

 

30. Which of the following would not be likely to be considered to be a violent crime:
31. assault
32. robbery
33. murder
34. burglary
35. all of the other choices are classified as violent felonies

 

ANSWER:  d  (page 119)

 

National:  AACSB Analytic; AICPA BB-Legal

 

31. Which of the following would not be likely to be considered to be a violent crime:
32. assault
33. robbery
34. murder
35. rape
36. all of the other choices are classified as violent felonies

 

ANSWER:  e  (page 119)

 

National:  AACSB Analytic; AICPA BB-Legal

 

32. Misdemeanors, by definition, may:
33. result in jail time
34. result only in a fine
35. be classified as a Class C felony
36. not involve harm to persons, only to property
37. none of the other choices

 

ANSWER:  a  (page 119)

 

National:  AACSB Analytic; Communication; AICPA BB-Legal

 

33. Misdemeanors, by definition, may:
34. only be defined by federal legislation
35. result only in a fine
36. be classified as a Class C felony
37. not involve harm to persons, only to property
38. none of the other choices

 

ANSWER:  e  (page 119)

 

National:  AACSB Analytic; Communication; AICPA BB-Legal

 

34. In a victimless crime:
35. no other party is injured
36. only one other party is injured
37. there are no fatalities, but there can be injuries
38. there are no minors involved
39. none of the other specific choices are correct

 

ANSWER:  a  (page 119)

 

National:  AACSB Communication; Analytic; AICPA BB-Legal

 

35. In a victimless crime:
36. there are no illegal drugs involved
37. only one other party is injured
38. there are no fatalities, but there can be injuries
39. there are no minors involved
40. none of the other specific choices are correct

 

ANSWER:  e  (page 119)

 

National:  AACSB Analytic; Communication; AICPA BB-Legal

 

36. Illegal drug possession is an example of what is often called:
37. legal activity
38. a violent crime
39. a victimless crime
40. a minor misdemeanor
41. a civil code violation

ANSWER:  c  (page 119)

 

National:  AACSB Analytic; AICPA BB-Legal

 

37. Victimless crimes can be:
38. felonies or misdemeanors
39. only felonies
40. only misdemeanors
41. tried in special courts
42. none of the other specific choices are correct

 

ANSWER:  a  (page 119)

 

National:  AACSB Analytic; AICPA BB-Legal

 

38. Victimless crimes cannot be:
39. felonies
40. misdemeanors
41. tried in court
42. tried by the Supreme Court
43. none of the other specific choices are correct

 

ANSWER:  e  (page 119)

 

National:  AACSB Analytic; AICPA BB-Legal

 

39. The classification of felonies:
40. makes them easier to remember
41. indicates the severity of the criminal charge
42. is a remnant of the British system
43. is a remnant of the colonial system
44. is specified in the Declaration of Independence

 

ANSWER:  b  (page 119)

 

National:  AACSB Analytic; AICPA BB-Legal

 

40. First degree murder is:
41. a misdemeanor
42. less serious than second degree murder
43. more serious than second degree murder
44. spontaneous
45. punishable only by a fine

 

ANSWER:  c  (page 119)

 

National:  AACSB Analytic; Communication; AICPA BB-Legal

 

41. Second degree murder is:
42. a misdemeanor
43. less serious than first degree murder
44. more serious than first degree murder
45. spontaneous
46. punishable only by a fine

 

ANSWER:  b  (page 119)

 

National:  AACSB Analytic; Communication; AICPA BB-Legal

 

42. A violent crime is:
43. one in which physical force is used
44. one in which no physical force is used
45. one in which no other party is harmed
46. one in which no minors are involved
47. none of the other choices are correct

 

ANSWER:  a  (page 119)

 

National:  AACSB Analytic; Communication; AICPA BB-Legal

 

43. A violent crime is:
44. one in which a private citizen bring charges against the government
45. one in which no physical force is used
46. one in which no other party is harmed
47. one in which no minors are involved
48. none of the other choices are correct

 

ANSWER:  e  (page 119)

 

National:  AACSB Analytic; Communication; AICPA BB-Legal

 

44. The violation of an ordinance:
45. must be defined by Congress
46. generally means there may be a fine and up to one year in prison
47. generally means there may be a fine, but no prison time
48. generally means a citation, but no fine or prison time
49. none of the other choices

 

ANSWER:  c  (page 119)

 

National:  AACSB Analytic; Communication; AICPA BB-Legal

 

45. The violation of an ordinance:
46. must be defined by Congress
47. generally means there may be a fine and up to one year in prison
48. can be established by the police without need for a court decision
49. generally means a citation, but no fine or prison time
50. none of the other choices

 

ANSWER:  e  (page 119)

 

National:  AACSB Communication; Analytic; AICPA BB-Legal

 

46. Rules governing such matters as building regulations and zoning are called:
47. federal administrative rules
48. federal statutes
49. misdemeanors
50. local ordinances
51. none of the other choices

 

ANSWER:  d  (page 119)

 

National:  AACSB Analytic; Communication; AICPA BB-Legal

 

47. Criminal offenses are defined by:
48. governors or the president
49. legislatures
50. courts of appeal or supreme courts
51. magistrates
52. all of the other choices may make such decisions

 

ANSWER:  b  (page 119)

 

National:  AACSB Analytic; AICPA BB-Legal

 

48. Criminal offenses are defined by:
49. governors or the president
50. police departments
51. courts of appeal or supreme courts
52. magistrates
53. none of the other choices are very good

 

ANSWER:  e  (page 119)

 

National:  AACSB Analytic; AICPA BB-Legal

 

49. Which of the following is an example of a white-collar crime:
50. embezzlement
51. bribery
52. fraud
53. violation of securities law
54. all of the other specific choices are correct

 

ANSWER: e   (page 119)

 

National:  AACSB Analytic; Communication; AICPA BB-Legal

 

50. After receiving reports from the police or other investigators prosecutors:
51. decide whether or not to bring charges
52. decide who is guilty
53. decide how much the guilty party should be fined
54. decide who will represent the plaintiff
55. none of the other choices are correct

 

ANSWER:  a  (page 120)

 

National:  AACSB Analytic; AICPA BB-Legal

 

51. It is difficult to keep politics out of decisions about which crimes to prosecute because:
52. many state and local prosecutors are political positions
53. many state prosecutors have been shown to take bribes
54. many police fail to report crimes
55. judges are worried about getting reelected
56. none of the other choices are correct

 

ANSWER:  a  (page 120)

 

National:  AACSB Analytic; AICPA BB-Legal

 

52. For a criminal conviction, it must be shown that the accused was found to have:
53. actus rea
54. res ipsa loquitor
55. mens rea
56. intentional negligence
57. demurrer

 

ANSWER:  c  (page 120)

 

National:  AACSB Communication; Analytic; AICPA BB-Legal

 

53. For a criminal conviction, it must be shown that the accused was found to have:
54. actus rea
55. res ipsa loquitor
56. demurrer
57. intentional negligence
58. none of the other choices

 

ANSWER:  e  (page 120)

 

National:  AACSB Communication; Analytic; AICPA BB-Legal

 

54. When one commits a criminal act, that wrongful deed is:
55. mens rea
56. intentional negligence
57. res ipsa loquitor
58. actus reus
59. none of the other choices

 

ANSWER:  d  (page 120)

 

National:  AACSB Analytic; Communication; AICPA BB-Legal

 

55. When one commits a criminal act, that wrongful deed is:
56. mens rea
57. intentional negligence
58. res ipsa loquitor
59. demurrer
60. none of the other choices

 

ANSWER:  e  (page 120)

 

National:  AACSB Analytic; Communication; AICPA BB-Legal

 

56. An actus reus is:
57. a wrongful deed
58. a nice deed
59. an active deed
60. a civil crime
61. a civil violation

 

ANSWER:  a  (page 120)

 

National:  AACSB Analytic; Communication; AICPA BB-Legal

 

57. An actus reus is:
58. a civil violation
59. a nice deed
60. an active deed
61. a civil crime
62. none of the other choices are correct

 

ANSWER:  e  (page 120)

 

National:  AACSB Analytic; Communication; AICPA BB-Legal

 

58. Mens rea is:
59. criminal intent
60. criminal guilt
61. final judgment
62. thoughtful crime
63. none of the other choices are correct

 

ANSWER:  a  (page 120)

 

National:  AACSB Analytic; Communication; AICPA BB-Legal

 

59. Mens rea is:
60. criminal reason
61. criminal guilt
62. final judgment
63. thoughtful crime
64. none of the other choices are correct

 

ANSWER:  e  (page 120)

 

National:  AACSB Analytic; Communication; AICPA BB-Legal

 

60. If the government can prove beyond a reasonable doubt that 1) the accused committed the illegal act, and 2) that there was necessary intent or state of mind to commit the act then:
61. the accused will be convicted of the crime
62. the accused might be convicted of the crime
63. the plaintiff will lose the case
64. the case may go to trial
65. the accused will not get a lawyer

 

ANSWER:  a  (page 120)

 

National:  AACSB Analytic; AICPA BB-Legal

 

61. Criminal acts:
62. need not be planned
63. must be premeditated
64. must be tried within a month of being committed
65. must be tried by at least 5 judges
66. need not be illegal

 

ANSWER:  a  (page 120)

 

National:  AACSB Analytic; AICPA BB-Legal

 

62. What is defined as a degree of careless amounting to a culpable disregard of rights and safety of others:
63. felony
64. criminal negligence
65. misdemeanor
66. ordinance violation
67. none of the other choices

 

ANSWER:  b  (page 120)

 

National:  AACSB Analytic; Communication; AICPA BB-Legal

 

63. What is defined as a degree of careless amounting to a culpable disregard of rights and safety of others:
64. felony
65. Class B acts
66. misdemeanor
67. ordinance violation
68. none of the other choices

 

ANSWER:  e  (page 120)

 

National:  AACSB Analytic; Communication; AICPA BB-Legal

 

64. Which of the following is correct:
65. criminal acts must be planned
66. criminal conduct must be intentional
67. criminal conduct may arise from carelessness
68. criminal conduct must involve actus rea
69. none of the other choices

 

ANSWER:  c  (page 120)

 

National:  AACSB Analytic; AICPA BB-Legal

 

65. Which of the following is correct:
66. criminal acts must be planned
67. criminal conduct must be intentional
68. criminal conduct cannot involve drunkenness
69. criminal conduct must involve actus rea
70. none of the other choices

 

ANSWER:  e  (page 120)

 

National:  AACSB Analytic; AICPA BB-Legal

 

66. If someone is very drunk and then, only because of their drunkenness, causes a fatal accident:
67. there can be no crime because there was no willful consent
68. there can be no crime because there was no mens rea
69. there can be no crime because there was no culpable disregard for the rights of others
70. there can be a crime because there was criminal negligence
71. none of the other choices

 

ANSWER:  d  (page 120)

 

National:  AACSB Analytic; AICPA BB-Legal

 

67. In Commonwealth v. Angelo Todesca Corp. where Angelo Todesco Corporation was charged with motor vehicle homicide after an employee accidentally killed a police officer with a dump truck, the Massachusetts supreme court held that:
68. a corporation should be charge, rather than its agents
69. a corporation cannot act through its agents
70. a corporation can only act though its agents
71. a corporation cannot be held liable for the actions of its agents
72. none of the other choices are correct

 

ANSWER: c   (page 121)

 

National:  AACSB Analytic; AICPA BB-Legal

 

68. In Commonwealth v. Angelo Todesca Corp. where Angelo Todesco Corporation was charged with motor vehicle homicide after an employee accidentally killed a police officer with a dump truck, the Massachusetts supreme court held that:
69. a corporation may be criminally liable for violation of a traffic statute
70. a corporation may not be criminally liable for violation of a traffic statute
71. an individual may not be criminally liable for violation of a traffic statute
72. an individual may not be civilly liable for a violation of a traffic statute
73. none of the other choices are correct

 

ANSWER:  a  (page 121)

 

National:  AACSB Analytic; AICPA BB-Legal

 

69. The 1966 Supreme Court opinion relating to the Miranda rights holds that:
70. persons accused of a crime must be informed of their right to remain silent
71. persons accused of a crime must be informed of their right to be represented by counsel
72. persons accused of a crime must be informed that statements they make can be used as evidence against them
73. all of the other specific choices are correct
74. none of the other specific choices are correct

 

ANSWER:  d  (page 121)

 

National:  AACSB Communication; Analytic; AICPA BB-Legal

 

70. The 1966 Supreme Court opinion relating to the Miranda rights holds that:
71. persons accused of a crime must be informed that they must answer all questions
72. persons accused of a crime must be informed that they have no right to be represented
73. persons accused of a crime must be informed that statements they make can be used as evidence against them
74. all of the other specific choices are correct
75. none of the other specific choices are correct

 

ANSWER:  c  (page 121)

 

National:  AACSB Analytic; Communication; AICPA BB-Legal

 

71. The 1966 Supreme Court opinion relating to the Miranda rights holds that:
72. persons accused of a crime must be informed that they must answer all questions
73. persons accused of a crime must be informed that they have no right to be represented
74. persons accused of a crime must be informed of their right to be represented by counsel
75. all of the other specific choices are correct
76. none of the other specific choices are correct

 

ANSWER:  c  (page 121)

 

National:  AACSB Communication; Analytic; AICPA BB-Legal

 

72. Miranda rights for those arrested and accused of or suspected of a crime do not include:
73. the right to be represented by counsel
74. the right to be released
75. being informed that statements made may be used against the accused
76. the right to remain silent
77. all of the other choices are included in the Miranda rights

 

ANSWER:  b  (page 121)

 

National:  AACSB Analytic; AACSB Communication; AICPA BB-Legal

 

73. If the government does not prosecute a criminal suspect the right to do so may be eliminated by:
74. the loss of evidence
75. res ipsa loquitor
76. loss of probable cause
77. statute of limitations
78. none of the other choices

 

ANSWER:  d  (page 122)

 

National:  AACSB Analytic; Communication; AICPA BB-Legal

 

74. If a crime is not prosecuted within the time set by the __________________, then the state loses the right to bring suit:
75. statute of limitations
76. statute of limited time
77. statute of dissipation
78. statute of prosecution
79. none of the other specific choices is correct

 

ANSWER:  a  (page 122)

 

National:  AACSB Communication; Analytic; AICPA BB-Legal

 

75. If a crime is not prosecuted within the time set by the __________________, then the state loses the right to bring suit:
76. statute of probable cause
77. statute of limited time
78. statute of dissipation
79. statute of prosecution
80. none of the other specific choices is correct

 

ANSWER:  e  (page 122)

 

National:  AACSB Analytic; Communication; AICPA BB-Legal

 

76. The statute of limitations:
77. varies with time
78. varies by crime
79. varies by county
80. varies by state
81. varies by district

 

ANSWER:  b  (page 122)

 

National:  AACSB Analytic; AICPA BB-Legal

 

77. The statute of limitations:
78. varies with time
79. varies by district
80. varies by county
81. varies by state
82. none of the other specific choices are correct

 

ANSWER:  e  (page 122)

 

National:  AACSB Analytic; AICPA BB-Legal

 

78. The statute of limitations for unsolved murders:
79. may never end
80. ends after 5 years by federal law
81. ends after 10 years by federal law
82. ends after 15 years by federal law
83. none of the other choices are correct

 

ANSWER:  a  (page 122)

 

National:  AACSB Analytic; AICPA BB-Legal

 

79. If the statute of limitations expires on the ability of the state to prosecute for a crime, it is said that the statute has:
80. dissipated
81. tolled
82. departed
83. negated
84. none of the other choices

 

ANSWER:  b  (page 122)

 

National:  AACSB Analytic; Communication; AICPA BB-Legal

 

80. Defenses of insanity and intoxication in criminal cases:
81. are rarely successful
82. apply to about twenty percent of cases
83. are not allowed in Class A felony cases
84. are not allowed in misdemeanor cases
85. none of the other choices

 

ANSWER:  a  (page 122)

 

National:  AACSB Analytic; AICPA BB-Legal

 

81. If David flees the country to avoid being prosecuted for a crime:
82. the clock on the statute of limitations keeps running
83. the clock on the statute of limitations stops
84. he cannot be prosecuted
85. he loses his right to be represented by counsel
86. none of the other choices are correct

 

ANSWER:  b  (page 122)

 

National:  AACSB Analytic; Reflective Thinking; AICPA BB-Legal

 

82. If Julia is accused of robbing a bank and she has witnesses testify that she was having her nails done at the time the robbery took place then she is using a(n):
83. Miranda right
84. exclusionary rule
85. alibi
86. defensive defense
87. none of the other choices are correct

 

ANSWER:  c  (page 122)

 

National:  AACSB Analytic; Communication; AICPA BB-Legal

 

83. An alibi is an example of a:
84. Miranda right
85. defensive defense
86. affirmative defense
87. entrapment
88. exclusionary rule

 

ANSWER:  c  (page 122)

 

National:  AACSB Analytic; AICPA BB-Legal

 

84. Defenses of insanity and intoxication in criminal cases:
85. apply to about ten percent of cases
86. apply to about twenty percent of cases
87. are not allowed in Class A felony cases
88. are not allowed in misdemeanor cases
89. none of the other choices

 

ANSWER:  e  (page 122)

 

National:  AACSB Analytic; AICPA BB-Legal

 

85. In a criminal case, if evidence is not gathered properly, such as by a search that violates Fourth Amendment rights, then at trial that evidence is:
86. allowed to be referred to but not presented directly
87. allowed only if probable cause is first established
88. dropped under the exclusionary rule
89. irrelevant since there can be no trial if there was an improper search
90. none of the other choices

 

ANSWER:  c  (page 123)

 

National:  AACSB Analytic; AICPA BB-Legal

 

86. In a criminal case, if evidence is not gathered properly, such as by a search that violates Fourth Amendment rights, then at trial that evidence is:
87. allowed to be referred to but not presented directly
88. allowed only if probable cause is first established
89. allowed if found to be “critical to justice”
90. irrelevant since there can be no trial if there was an improper search
91. none of the other choices

 

ANSWER:  e  (page 123)

 

National:  AACSB Analytic; AICPA BB-Legal

 

87. If the chain of custody is broken when gathering evidence for a criminal case:
88. the evidence is excluded
89. the evidence is kept under special consideration
90. the evidence is more powerful
91. the evidence is less useful to the prosecution
92. the evidence is less useful to the defendant

 

ANSWER:  a  (page 123)

 

National:  AACSB Analytic; AICPA BB-Legal

 

88. Unjust searches are violations of:
89. privacy interests
90. the First Amendment
91. the Second Amendment
92. property interests
93. monetary interests

 

ANSWER:  a  (page 123)

 

National:  AACSB Analytic; Communication; AICPA BB-Legal

 

89. Unjust searches are unlawful because they are violations of:
90. privacy interests
91. the First Amendment
92. the Second Amendment
93. property interests
94. monetary interests

 

ANSWER:  a  (page 123)

 

National:  AACSB Analytic; Communication; AICPA BB-Legal

 

90. Under the exclusionary rule:
91. improperly gathered evidence may not be used at trial
92. properly gathered evidence is categorized by type
93. improperly gathered evidence is permitted if it is crucial to the case
94. improperly gathered evidence is permitted only under special circumstances
95. none of the other choices are correct

 

ANSWER:  a  (page 123)

 

National:  AACSB Analytic; AICPA BB-Legal

 

91. Under the exclusionary rule:
92. improperly gathered evidence must be gathered again with proper techniques
93. properly gathered evidence is categorized by type
94. improperly gathered evidence is permitted if it is crucial to the case
95. improperly gathered evidence is permitted only under special circumstances
96. none of the other choices are correct

 

ANSWER:  e  (page 123)

 

National:  AACSB Analytic; AICPA BB-Legal

 

92. For the police to use a warrant to search for evidence they think may exist that is relevant to a suspected criminal act:
93. the chief of police must issue a warrant for the officers to use
94. a judge must issue a warrant based on probable cause
95. no warrant is needed if the police determine probable cause exists
96. the district attorney must issue the police a warrant
97. none of the other choices

 

ANSWER:  b  (page 123)

 

National:  AACSB Analytic; AICPA BB-Legal

 

93. Probable cause is:
94. necessary to obtain a warrant
95. not necessary to obtain a warrant
96. important for the defense
97. cause for exclusion
98. none of the other choices are correct

 

ANSWER:  a  (page 123)

 

National:  AACSB Communication; Analytic; AICPA BB-Legal

 

94. In S. v. Young, where government agents put Federal Express packages to Young under an x-ray to look at the contents, and he was convicted partly based on that evidence, the appeals court held that:
95. the conviction was overturned because there was no warrant to x-ray the packages
96. the conviction was overturned because Federal Express violated customer privacy rights
97. the conviction was upheld because the severity of the crime outweighed the usual requirement to obtain a warrant
98. the conviction was upheld because there was no need for a warrant
99. none of the other choices

 

ANSWER:  d  (page 123)

 

National:  AACSB Analytic; AICPA BB-Legal

 

95. In S. v. Young, where government agents put Federal Express packages to Young under an x-ray to look at the contents, and he was convicted partly based on that evidence, the appeals court held that:
96. the conviction was overturned because there was no warrant to x-ray the packages
97. the conviction was overturned because Federal Express violated customer privacy rights
98. the conviction was upheld because the severity of the crime outweighed the usual requirement to obtain a warrant
99. the conviction was upheld because Young admitted to wrongdoing despite the improper search
100. none of the other choices

 

ANSWER:  e  (page 123)

 

National:  AACSB Analytic; AICPA BB-Legal

 

96. In S. v. Young, where government agents put Federal Express packages to Young under an x-ray to look at the contents, and he was convicted partly based on that evidence, the appeals court held that:
97. there was no need for a warrant because Young assumed the risk that Federal Express might consent to a search
98. there was a need for a warrant because Young assumed the risk that Federal Express might consent to a search
99. there was no need for a warrant because Young did not assume the risk that Federal Express might consent to a search
100. there was a need for a warrant because Young did not assume the risk that Federal Express might consent to a search
101. none of the other choice are correct

 

ANSWER:  a  (page 123)

 

National:  AACSB Analytic; AICPA BB-Legal

 

97. You are arrested by the police, who suspect you of a crime:
98. the police decide if you will be charged with a crime
99. a government prosecutor will decide if you will be charged with a crime
100. a judge will decide if you will be charged with a crime
101. the police review board decide if you will be charged with a crime
102. none of the other choices

 

ANSWER:  b  (page 124)

 

National:  AACSB Analytic; AICPA BB-Legal

 

98. You are arrested by the police, who suspect you of armed robbery:
99. the police decide if you will be charged with a crime
100. the attorney general will decide if you will be charged with a crime
101. a judge will decide if you will be charged with a crime
102. the police review board decide if you will be charged with a crime
103. none of the other choices

 

ANSWER:  e  (page 124)

 

National:  AACSB Analytic; AICPA BB-Legal

 

99. In cases where a person is charged with a felony:
100. there must be a grand jury indictment
101. there must be a grand jury indictment only if it is a federal case
102. there must be a grand jury indictment only if it is a state case
103. there need not be a grand jury indictment, but could be one
104. none of the other choices

 

ANSWER:  d  (page 124)

 

National:  AACSB Analytic; AICPA BB-Legal

 

100. In cases where a person is charged with a felony, if there is to be a trial:
101. there must be a grand jury indictment
102. there must be a grand jury indictment only if it is a federal case
103. there must be a grand jury indictment only if it is a state case
104. there must be a grand jury indictment if the crime carries the possibility of more than ten years in prison
105. none of the other choices

 

ANSWER:  e  (page 124)

 

National:  AACSB Analytic; AICPA BB-Legal

 

101. A grand jury:
102. reviews potential felony cases
103. reviews past felony cases
104. reviews potential civil cases
105. reviews past civil cases
106. none of the other choices are correct

 

ANSWER:  a  (page 124)

 

National:  AACSB Communication; Analytic; AICPA BB-Legal

 

102. A grand jury:
103. determines probably cause
104. reviews past felony cases
105. determines guilt
106. determines how long the trial will take
107. none of the other choices are correct

 

ANSWER:  a  (page 124)

 

National:  AACSB Analytic; Communication; AICPA BB-Legal

 

103. When a person accused of a crime by the police makes an initial appearance in court and the government attorney presents the criminal charges, it is called:
104. an indictment
105. a Miranda rights
106. an arraignment
107. a nolo contendere
108. a pleading

 

ANSWER:  c  (page 124)

 

National:  AACSB Analytic; Communication; AICPA BB-Legal

 

104. When a person accused of a crime by the police makes an initial appearance in court and the government attorney presents the criminal charges, the court appearance is called:
105. an indictment
106. a Miranda rights
107. a pleading
108. a nolo contendere
109. none of the other choices

 

ANSWER:  e  (page 124)

 

National:  AACSB Analytic; Communication; AICPA BB-Legal

 

105. The initial court appearance for a person accused of a crime during which the government attorney presents the criminal charges is called:
106. nolo contendere
107. an appearance
108. an arraignment
109. a demurrer
110. an indictment

 

ANSWER:  c  (page 124)

 

National:  AACSB Analytic; Communication; AICPA BB-Legal

 

106. The initial court appearance for a person accused of a crime during which the government attorney presents the criminal charges is called:
107. nolo contendere
108. an appearance
109. an indictment
110. a demurrer
111. none of the other choices are correct

 

ANSWER:  e  (page 124)

 

National:  AACSB Analytic; Communication; AICPA BB-Legal

 

107. If one appears before a judge when accused of a crime and enters a plea in response to the charges, the choice of pleas made does not include:
108. guilty
109. nolo contendere
110. not guilty
111. demurrer
112. all of the other choices are possible pleas

 

ANSWER:  d  (page 124)

 

National:  AACSB Analytic; Communication; AICPA BB-Legal

 

108. Nolo contendere means:
109. no contest
110. guilty
111. innocent
112. contested
113. none of the other choices are correct

 

ANSWER:  a  (page 124)

 

National:  AACSB Analytic; Communication; AICPA BB-Legal

 

109. Nolo contendere means:
110. no trial
111. guilty
112. innocent
113. contested
114. none of the other choices are correct

 

ANSWER:  e  (page 124)

 

National:  AACSB Analytic; Communication; AICPA BB-Legal

 

110. A settlement conference is:
111. an attempt to resolve a matter without trial, but under the supervision of a judge
112. an attempt to resolve a matter without trial and without a judge
113. an attempt to pay off the defendant
114. an attempt to offer the prosecution money to make them drop the case
115. none of the other choices are correct

 

ANSWER:  a  (page 125)

 

National:  AACSB Analytic; Communication; AICPA BB-Legal

 

111. A settlement conference is:
112. an attempt to resolve a matter with a short trial
113. an attempt to resolve a matter without trial and without a judge
114. an attempt to pay off the defendant
115. an attempt to offer the prosecution money to make them drop the case
116. none of the other choices are correct

 

ANSWER:  e  (page 125)

 

National:  AACSB Analytic; Communication; AICPA BB-Legal

 

112. If a person is charged with a crime, rather than going through trial, there is often an agreement reached by the defendant and prosecutor that is called:
113. an arraignment
114. nolo contendere
115. demurrer
116. plea bargain
117. none of the other choices

 

ANSWER:  d  (page 125)

 

National:  AACSB Analytic; Communication; AICPA BB-Legal

 

113. A plea bargain allows:
114. a matter to be settled under the supervision of a judge without a trial
115. a matter to be settled by a jury without a trial
116. a matter to be settled with a short trial
117. a matter to be settled by the attorneys without the supervision of a judge
118. none of the other choices are correct

 

ANSWER:  a  (page 125)

 

National:  AACSB Analytic; AICPA BB-Legal

 

114. In contrast to civil trial discovery proceedings, criminal discovery proceedings:
115. focus on reducing surprises
116. focus on reversing verdicts
117. focus on making all parties comfortable
118. involve disclosing only a subset of information to the other side
119. involve disclosing everything to the other side

 

ANSWER:  d  (page 125)

 

National:  AACSB Analytic; AICPA BB-Legal

 

115. Under the Constitution, any exculpatory evidence:
116. must be disclosed to the defendant
117. must not be disclosed to the defendant
118. must be disclosed to the judge before the trial
119. must be formally written
120. must be recorded in front of a notary

 

ANSWER:  a  (page 125)

 

National:  AACSB Analytic; AICPA BB-Legal

 

116. Under the Constitution, any _____________ must be disclosed to the defendant.
117. false evidence
118. important evidence
119. exculpatory evidence
120. illegally collected evidence
121. none of the other choices are correct

 

ANSWER:  c  (page 125)

 

National:  AACSB Analytic; Communication; AICPA BB-Legal

 

117. Under the Constitution, any _____________ must be disclosed to the defendant.
118. false evidence
119. important evidence
120. incriminating evidence
121. illegally collected evidence
122. none of the other choices are correct

 

ANSWER:  e  (page 125)

 

National:  AACSB Analytic; Communication; AICPA BB-Legal

 

118. Exculpatory evidence is evidence which:
119. might show that the defendant is guilty
120. might show that the defendant is not guilty
121. will not show that the defendant is not guilty
122. makes the prosecution look bad
123. makes the prosecution look good

 

ANSWER:  b  (page 125)

 

National:  AACSB Communication; Analytic; AICPA BB-Legal

 

119. In a criminal case the defendant:
120. has no obligation to disclose evidence to the prosecution that shows the defendant is guilty
121. has an obligation to disclose evidence to the prosecution that shows the defendant is guilty
122. has an obligation to disclose evidence to the prosecution that shows the prosecution is guilty
123. has to present all incriminating evidence to the jury
124. none of the other choices are correct

 

ANSWER:  a  (page 125)

 

National:  AACSB Analytic; AICPA BB-Legal

 

120. In a criminal trial, to be found guilty, the standard is guilt:
121. by a preponderance of the evidence
122. by a convincing majority of the evidence
123. beyond a reasonable doubt
124. upon the word of the court
125. none of the other choices

 

ANSWER:  c  (page 126)

 

National:  AACSB Analytic; Communication; AICPA BB-Legal

 

121. In a criminal trial, to be found guilty, the standard is guilt:
122. by a preponderance of the evidence
123. by a convincing majority of the evidence
124. res ipsa loquitor
125. upon the word of the court
126. none of the other choices

 

ANSWER:  e  (page 126)

 

National:  AACSB Analytic; Communication; AICPA BB-Legal

 

122. In a criminal case, “beyond a reasonable doubt” means that:
123. the evidence is good enough to hold up in a civil trial
124. the evidence would convince an uneducated person of the defendant’s guilt
125. the evidence fully satisfies and convinces the court to a moral certainty
126. the evidence partially satisfies and convinces the court to a moral certainty
127. none of the other choices are correct

 

ANSWER:  c  (page 126)

 

National:  AACSB Analytic; Communication; AICPA BB-Legal

 

123. A mistrial is when:
124. evidence is not properly collected and so cannot be used in court
125. evidence is presented without proper documentation
126. the jury cannot agree on a verdict
127. the judge decides on a verdict that is different than the verdict given by the jury
128. none of the other choices are correct

 

ANSWER:  c  (page 126)

 

National:  AACSB Analytic; Communication; AICPA BB-Legal

 

124. If the jury cannot decide on a verdict then a __________ is declared.
125. mistrial
126. false trial
127. hung trial
128. maltrial
129. lost trial

 

ANSWER:  a  (page 126)

 

National:  AACSB Analytic; Communication; AICPA BB-Legal

 

125. If the jury cannot decide on a verdict then a __________ is declared.
126. lost trial
127. false trial
128. hung trial
129. maltrial
130. none of the other choices are correct

 

ANSWER:  e  (page 126)

 

National:  AACSB Analytic; Communication; AICPA BB-Legal

 

126. A white collar crime means:
127. one in violation of Section 1981 of the U.S. Code
128. one in violation of several different portions of the U.S. Code
129. any number of crimes committed by person of respectability in their occupation
130. a business-related crime that is defined as a felony
131. none of the other choices

 

ANSWER:  c  (page 127)

 

National:  AACSB Analytic; Communication; AICPA BB-Legal

 

127. Which of the following would not be considered to be white collar crime:
128. bankruptcy fraud
129. embezzlement
130. burglary
131. insider trading
132. wire fraud

 

ANSWER:  c  (page 127)

 

National:  AACSB Analytic; AICPA BB-Legal

 

128. Which of the following would not be considered to be white collar crime:
129. bankruptcy fraud
130. embezzlement
131. wire fraud
132. insider trading
133. all of the other choices would be white collar crimes

 

ANSWER:  e  (page 127)

 

National:  AACSB Analytic; AICPA BB-Legal

 

129. The Sherman Act and Clayton Act (2004) allow prison terms to be imposed on:
130. those involved in burglaries
131. those involved in anticompetitive practices
132. those involved in blue collar crime
133. those involved in drug trafficking
134. none of the other choices are correct

 

ANSWER:  b  (page 127)

 

National:  AACSB Analytic; AICPA BB-Legal

 

130. In recent years antitrust prosecutions have:
131. remained at low levels
132. increased
133. decreased
134. decreased in most areas of the country, but risen in New York and California
135. none of the other choices are correct

 

ANSWER:  b  (page 128)

 

National:  AACSB Analytic; AICPA BB-Legal

 

131. When a person or corporation hides or lies about assets in bankruptcy proceedings it is called:
132. bribery
133. embezzlement
134. bankruptcy fraud
135. racketeering
136. financial fraud

 

ANSWER:  c  (page 128)

 

National:  AACSB Analytic; Communication; AICPA BB-Legal

 

132. When a person or corporation hides or lies about assets in bankruptcy proceedings it is called:
133. bribery
134. embezzlement
135. financial fraud
136. racketeering
137. none of the other choices are correct

 

ANSWER:  e  (page 128)

 

National:  AACSB Analytic; Communication; AICPA BB-Legal

 

133. Bankruptcy fraud occurs when:
134. a person or corporation hides or lies about assets in bankruptcy proceedings
135. creditors are given false information
136. illegal pressure is applied to bankruptcy petitioners
137. all of the other specific choices are correct
138. none of the other specific choices are correct

 

ANSWER:  d  (page 128)

 

National:  AACSB Analytic; Communication; AICPA BB-Legal

 

134. The offer or taking of money, goods or other things of value to influence official actions is:
135. bribery
136. economic espionage
137. embezzlement
138. financial fraud
139. racketeering

 

ANSWER:  a  page (128)

 

National:  AACSB Analytic; Communication; AICPA BB-Legal

 

135. Bribery is:
136. the offer or taking of money, goods or other things of value to influence official actions
137. illegal pressure on debtors
138. economic espionage
139. legal in some states
140. all of the other choices are correct

 

ANSWER:  a  (page 128)

 

National:  AACSB Analytic; Communication; AICPA BB-Legal

 

136. The copying of a genuine item without authorization, especially when passed off as the original item is:
137. economic espionage
138. fraud
139. counterfeiting
140. insider trading
141. none of the other choices

 

ANSWER:  c  page (128)

 

National:  AACSB Analytic; Communication; AICPA BB-Legal

 

137. The copying of a genuine item without authorization, especially when passed off as the original item is:
138. economic espionage
139. fraud
140. racketeering
141. insider trading
142. none of the other choices

 

ANSWER:  e  page (128)

 

National:  AACSB Analytic; Communication; AICPA BB-Legal

 

138. Counterfeiting is:
139. the copying of a genuine item without authorization, especially when passed off as the original item
140. always more serious than economic espionage
141. legal with the proper permits
142. a crime only when it involves copying a product designed in the United States
143. all of the other specific choices are correct

 

ANSWER:  a  (page 128)

 

National:  AACSB Analytic; Communication; AICPA BB-Legal

 

139. Credit card fraud is:
140. the unauthorized use of a credit card to obtain goods, services, or cash
141. the authorized use of a credit card to obtain goods, services, or cash by a minor
142. the copying of a genuine item without authorization
143. using a false ID to obtain a credit card
144. none of the other choices are correct

 

ANSWER:  a  (page 128)

 

National:  AACSB Analytic; Communication; AICPA BB-Legal

 

140. The unauthorized use of a credit card to obtain goods, services, or cash is:
141. credit card fraud
142. economic espionage
143. identity fraud
144. consumer fraud
145. embezzlement

 

ANSWER:  a  (page 128)

 

National:  AACSB Analytic; Communication; AICPA BB-Legal

 

141. The unauthorized use of a credit card to obtain goods, services, or cash is:
142. embezzlement
143. economic espionage
144. identity fraud
145. consumer fraud
146. none of the other choices are correct

 

ANSWER:  e  (page 128)

 

National:  AACSB Analytic; Communication; AICPA BB-Legal

 

142. Computer and internet fraud involves:
143. pornography
144. unauthorized use of computers and computer files
145. tax evasion
146. consumer fraud
147. none of the other choices are correct

 

ANSWER:  b  (page 128)

 

National:  AACSB Analytic; Communication; AICPA BB-Legal

 

143. The theft of valuable business information, such as a trade secret is:
144. embezzlement
145. economic espionage
146. internet fraud
147. insider trading
148. none of the other choices

 

ANSWER:  b  (page 129)

 

National:  AACSB Analytic; Communication; AICPA BB-Legal

 

144. The theft of valuable business information, such as a trade secret is:
145. embezzlement
146. racketeering
147. internet fraud
148. insider trading
149. none of the other choices

 

ANSWER:  e  (page 129)

 

National:  AACSB Analytic; Communication; AICPA BB-Legal

 

145. Economic espionage is:
146. the theft of valuable business information
147. the theft of personal information
148. unauthorized use of company computers
149. insider trading
150. giving false information to clients

 

ANSWER:  a  (page 129)

 

National:  AACSB Analytic; Communication; AICPA BB-Legal

 

146. Economic espionage is:
147. giving false information to clients
148. the theft of personal information
149. unauthorized use of company computers
150. insider trading
151. none of the other choices are correct

 

ANSWER:  e  (page 129)

 

National:  AACSB Analytic; Communication; AICPA BB-Legal

 

147. When someone is in a position of trust with money and they take it for their use, it is:
148. embezzlement
149. insider trading
150. racketeering
151. economic espionage
152. none of the other choices

 

ANSWER:  a  (page 129)

 

National:  AACSB Analytic; Communication; AICPA BB-Legal

 

148. When someone is in a position of trust with money and they take it for their use, it is:
149. money laundering
150. insider trading
151. racketeering
152. economic espionage
153. none of the other choices

 

ANSWER:  e  (page 129)

 

National:  AACSB Analytic; Communication; AICPA BB-Legal

 

149. Embezzlement is when:
150. someone is in a position of trust with money and they take it for their use
151. someone gives detailed manufacturing information to competitors
152. someone leaks information to the press
153. someone accepts a bribe in return for services
154. someone donates money illegally to a political campaign

 

ANSWER:  a  (page 129)

 

National:  AACSB Analytic; Communication; AICPA BB-Legal

 

150. Embezzlement is when:
151. someone donates money illegally to a political campaign
152. someone gives detailed manufacturing information to competitors
153. someone leaks information to the press
154. someone accepts a bribe in return for services
155. none of the other choices are correct

 

ANSWER:  e  (page 129)

 

National:  AACSB Analytic; Communication; AICPA BB-Legal

 

151. Indiscriminate hazardous waste dumping, illegal handling of hazardous substances and international smuggling of CFC refrigerants are all examples of:
152. environmental law violations
153. civil torts
154. civil violations
155. environmental procedure violations
156. green violations

 

ANSWER:  a  (page 129)

 

National:  AACSB Analytic; Communication; AICPA BB-Legal

 

152. Financial fraud occurs when:
153. someone uses a false social security number to get a credit card
154. someone is refused a loan because of their race
155. someone is refused a loan because of a previous criminal conviction
156. someone commits fraud in loans, financial documents or mortgages
157. none of the other choices are correct

 

ANSWER:  d  (page 130)

 

National:  AACSB Analytic; Communication; AICPA BB-Legal

 

153. Improperly collecting benefits intended for victims of a natural disaster, such as Hurricane Katrina, is an example of:
154. embezzlement
155. insider trading
156. money laundering
157. personal fraud
158. government fraud

 

ANSWER:  e  (page 130)

 

National:  AACSB Analytic; Communication; AICPA BB-Legal

 

154. Improperly collecting benefits intended for victims of a natural disaster, such as Hurricane Katrina, is an example of:
155. embezzlement
156. insider trading
157. money laundering
158. personal fraud
159. none of the other choices are correct

 

ANSWER:  e  (page 130)

 

National:  AACSB Analytic; Communication; AICPA BB-Legal

 

155. Healthcare fraud involves:
156. malpractice
157. under qualified doctors charging rates too high given the market value of their services
158. over-billing by hospitals, doctors, ambulance services, laboratories, and pharmacies
159. ambulance chasing attorneys
160. none of the other choices are correct

 

ANSWER:  c  (page 130)

 

National:  AACSB Analytic; Communication; AICPA BB-Legal

 

156. When a person deals in a security when in possession of non-public information, and they have an obligation not to reveal or use the information it is:
157. embezzlement
158. racketeering
159. money laundering
160. insider trading
161. money fraud

 

ANSWER:  d  (page 130)

 

National:  AACSB Analytic; Communication; AICPA BB-Legal

 

157. When a person deals in a security when in possession of non-public information, and they have an obligation not to reveal or use the information it is:
158. embezzlement
159. racketeering
160. money laundering
161. money fraud
162. none of the other choices

 

ANSWER:  e  (page 130)

 

National:  AACSB Analytic; Communication; AICPA BB-Legal

 

158. When a insurance policy holder lies about the condition of their property to get lower rates it is an example of:
159. insurance fraud
160. banking fraud
161. embezzlement
162. money fraud
163. money laundering

 

ANSWER:  a  (page 130)

 

National:  AACSB Analytic; Communication; AICPA BB-Legal

 

159. When a insurance policy holder lies about the condition of their property to get lower rates it is an example of:
160. money laundering
161. banking fraud
162. embezzlement
163. money fraud
164. none of the other choices are correct

 

ANSWER:  e  (page 130)

 

National:  AACSB Analytic; Communication; AICPA BB-Legal

 

160. A company bids on projects and submits false information in the bids in order to help win the bids. When this “scheme or artifice” occurs, there would most likely be a conviction for:
161. money laundering
162. mail fraud
163. insider trading
164. embezzlement
165. none of the other choices

 

ANSWER:  b  (page 131)

 

National:  AACSB Analytic; Communication; AICPA BB-Legal

 

161. Sending materials containing false information through the post office can lead to a conviction of:
162. embezzlement
163. money laundering
164. mail fraud
165. insider trading
166. false representation

 

ANSWER:  c  (page 131)

 

National:  AACSB Analytic; Communication; AICPA BB-Legal

 

162. Sending materials containing false information through the mails can lead to a conviction of:
163. embezzlement
164. money laundering
165. false representation
166. insider trading
167. none of the other choices are correct

 

ANSWER:  e  (page 131)

 

National:  AACSB Analytic; Communication; AICPA BB-Legal

 

163. If a person engages in illegal activities, such as drug dealing, and one hides the origins of the income, besides tax problems, there may be a crime of:
164. embezzlement
165. insider trading
166. fraud
167. money laundering
168. none of the other choices

 

ANSWER:  d  (page 131)

 

National:  AACSB Analytic; Communication; AICPA BB-Legal

 

164. If a person engages in illegal activities, such as drug dealing, and one hides the origins of the income by creating a fictional paper trail, besides tax problems, there may be a crime of:
165. embezzlement
166. insider trading
167. insurance fraud
168. economic espionage
169. none of the other choices

 

ANSWER:  e  (page 131)

 

National:  AACSB Analytic; Communication; AICPA BB-Legal

 

165. Money laundering is:
166. hiding the truth about the origins of money
167. embezzlement
168. hiding the truth about the amount of taxes paid
169. hiding money in offshore tax havens
170. none of the other choices are correct

 

ANSWER:  a  (page 131)

 

National:  AACSB Analytic; Communication; AICPA BB-Legal

 

166. The Racketeer Influenced and Corrupt Organizations (RICO) Act provides:
167. an extra weapon against organized crime
168. an ineffective weapon against organized crime
169. an extra weapon against embezzlement
170. an extra weapon against environment violations
171. none of the other choices are correct

 

ANSWER: a   (page 132)

 

National:  AACSB Analytic; Communication; AICPA BB-Legal

 

167. A law that was originally intended as a weapon against organized crime, but has come to have broader application, including in civil claims for a wide range of activities is:
168. Laundering of monetary Instruments Act
169. Financial Abuse Act
170. Racketeer Influenced and Corrupt Organizations Act
171. Federal Bribery and Corruption Act
172. none of the above choices

 

ANSWER:  c  (page 132)

 

National:  AACSB Analytic; Communication; AICPA BB-Legal

 

168. Racketeering includes:
169. bribery
170. extortion
171. mail fraud
172. all of the other specific choices are correct
173. none of the other specific choices are correct

 

ANSWER:  d  (page 132)

 

National:  AACSB Analytic; Communication; AICPA BB-Legal

 

169. In Bridge v. Phoenix Bond, where Phoenix Bond sued Bridge for filing false documents

related to tax lien purchases, the Supreme Court held that:

1. the plaintiffs could state a claim as victims of the fraud and sue under RICO
2. the plaintiffs could not state a claim as victims of the fraud and sue under RICO
3. RICO did not apply to the case
4. RICO is unconstitutional
5. none of the other choices are correct

 

ANSWER:  a  (page 133)

 

National:  AACSB Analytic; AICPA BB-Legal

 

170. In Bridge v. Phoenix Bond, where Phoenix Bond sued Bridge for filing false documents related to tax lien purchases, the Supreme Court held that:
171. RICO’s text provides no basis for imposing a first-party reliance requirement
172. RICO’s text provides a basis for imposing a first-party reliance requirement
173. RICO is unconstitutional
174. RICO does not apply under these circumstances
175. none of the other choices are correct

 

ANSWER:  a  (page 133)

 

National:  AACSB Analytic; AICPA BB-Legal

 

171. Securities fraud includes:
172. market rigging
173. theft of accounts from clients of securities firms
174. violations of securities laws
175. all of the other specific choices are correct
176. none of the other specific choices are correct

 

ANSWER:  d  (page 134)

 

National:  AACSB Analytic; Communication; AICPA BB-Legal

 

172. Failing to file tax returns, failing to report all income and overstating expenses are examples of:
173. tax evasion
174. embezzlement
175. telephone fraud
176. money laundering
177. wire fraud

 

ANSWER:  a  (page 134)

 

National:  AACSB Analytic; Communication; AICPA BB-Legal

 

173. Which of the following can be an example of tax evasion:
174. failing to file tax returns
175. failing to report all income
176. overstating expenses
177. all of the other specific choices are correct
178. none of the other specific choices are correct

 

ANSWER:  d  (page 134)

 

National:  AACSB Analytic; AICPA BB-Legal

 

174. Fraud committed by electronic means may fall under:
175. internet fraud
176. wire fraud
177. telephone fraud
178. telemarketing fraud
179. any of the other choices

 

ANSWER:  e  (page 135)

 

National:  AACSB Analytic; Communication; AICPA BB-Legal

 

175. Anti-money laundering goals include which of the following:
176. identifying the beneficial owner of all assets
177. tracing the transmission of assets
178. reporting suspicious transactions
179. all of the other specific choices are correct
180. none of the other specific choices are correct

 

ANSWER:  d  (page 137)

 

National:  AACSB Analytic; AICPA BB-Legal

 

176. Identifying the beneficial owner of all assets, tracing the transmission of assets and reporting suspicious transactions are all goals of:
177. anti-embezzlement measures
178. anti-fraud measures
179. anti-money laundering measures
180. anti-theft measures
181. anti-wire fraud measures

 

ANSWER:  c  (page 137)

 

National:  AACSB Analytic; AICPA BB-Legal

 

177. The beneficial owner of an asset is:
178. the person who makes money from the asset
179. the person listed on the legal paperwork as the owner
180. the person who buys the asset
181. the person who sells the asset
182. the person who enjoys the benefits of ownership

 

ANSWER:  e  (page 137)

 

National:  AACSB Analytic; AICPA BB-Legal

 

178. France’s assessment of criminal liability for corporations differs from the U.S.’s assessment in that:
179. the requirement that individuals play a key function within a corporation’s decision-making structure before liability attaches significantly restricts corporate criminal liability
180. the requirement that individuals play a key function within a corporation’s decision-making structure before liability attaches significantly increases corporate criminal liability
181. the requirement that individuals play a key function within a corporation’s decision-making structure before liability means that there is no corporate criminal liability
182. it has no requirement that individuals play a key function within a corporation’s decision-making structure before liability attaches
183. none of the other choices are correct

 

ANSWER:  a  (page 138)

 

National:  AACSB Analytic; AICPA BB-Legal

 

179. Which of the following is listed as suspicious activity by the Internal Revenue Service:
180. the customer pays cash for products/services using bills having an unusual or chemical-like odor
181. a 16-year-old brings bags of cash to a money transmitter to make a transfer from New York City to Miami
182. a customer conducting an $11,000 cash transaction attempts to bribe a Money Services Business employee not to file a Currency Transaction Report
183. all of the other specific choices are correct
184. none of the other specific choices are correct

 

ANSWER:  d  (page 139)

 

National:  AACSB Analytic; AICPA BB-Legal

 

180. Failing to file a suspicious activity report:
181. can lead to both civil and criminal penalties
182. can only lead to civil penalties
183. can only lead to criminal penalties
184. cannot lead to more than one penalty, regardless of the number of violations
185. none of the other choices are correct

 

ANSWER:  a  (page 139)

 

National:  AACSB Analytic; AICPA BB-Legal

 

181. Which of the following is not a Justice Department factor for an effective corporate compliance program that can help a company reduce legal problems and punishment when violations occur:
182. when offenses occur, steps taken to respond and to prevent further offenses
183. effective communication of standards and procedures to all employees
184. consistent communication with Justice about program achievements
185. high-level persons in the organization have responsibility to oversee compliance
186. all of the other choices are part of an effective program

 

ANSWER:  c  (page 140)

 

National:  AACSB Analytic; AICPA BB-Legal

 

182. Which of the following is not a Justice Department factor for an effective corporate compliance program that can help a company reduce legal problems and punishment when violations occur:
183. when offenses occur, steps taken to respond and to prevent further offenses
184. effective communication of standards and procedures to all employees
185. consistent enforcement of standards within the organization
186. high-level persons in the organization have responsibility to oversee compliance
187. all of the other choices are part of an effective program

 

ANSWER:  e  (page 140)

 

National:  AACSB Analytic; AICPA BB-Legal

 

183. The Sentencing Guidelines were created to:
184. make sentencing consistent across the country
185. prevent favoritism to state residents in cases with out-of-state residents
186. make sentencing consistent within each state, but not across the whole country
187. prevent bias against foreign companies
188. none of the other choices are correct

 

ANSWER:  a  (page 140)

 

National:  AACSB Analytic; AICPA BB-Legal

 

184. The use of whistleblower “hotlines” that allow employees to report possible legal problems with a company anonymously:
185. violate Fourth Amendment search and seizure rules
186. are used in the U.S.
187. are used in France and other European countries, which is where the practice began
188. are used in both the U.S. and European countries such as France
189. none of the other choices

 

ANSWER:  b  (page 140)

 

National:  AACSB Analytic; AICPA BB-Legal

 

185. The use of whistleblower “hotlines” that allow employees to report possible legal problems with a company anonymously:
186. violate Fourth Amendment search and seizure rules
187. violate the U.N. rules on human rights
188. are widely used in France and other European countries, which is where the practice began
189. are widely used in both the U.S. and European countries such as France
190. none of the other choices

 

ANSWER:  e  (page 140)

 

National:  AACSB Analytic; AICPA BB-Legal

 

186. The Supreme Court has held that the Sentencing Guidelines:
187. are unconstitutional
188. are advisory
189. must be followed closely in criminal cases
190. must be followed closely in cases of crimes by corporations
191. none of the other choices

 

ANSWER:  b  (page 140)

 

National:  AACSB Analytic; AICPA BB-Legal

 

187. In S. v. Young, where Young appealed a long prison sentence he was given for running an investment scam, the appeals court held that the sentence should not be altered because:
188. the defendants knew that the consequences of their fraud extended well beyond their own banks and investors
189. the defendants could not have known that the consequences of their fraud extended well beyond their own banks and investors
190. the Sentencing Guidelines are constitutional
191. the Sentencing Guidelines are backed by the executive branch
192. none of the other choices are correct

 

ANSWER:  a  (page 141)

 

National:  AACSB Analytic; AICPA BB-Legal

 

188. In S. v. Young, where Young appealed a long prison sentence he was given for running an

investment scam, the appeals court held that the sentence should not be altered because:

1. Congress fixed the sentence and courts may not deviate from it
2. the defendants could not have known that the consequences of their fraud extended well beyond their own banks and investors
3. the Sentencing Guidelines are constitutional
4. the Sentencing Guidelines are backed by the executive branch
5. none of the other choices are correct

 

ANSWER:  e  (page 141)

 

National:  AACSB Analytic; AICPA BB-Legal

 

189. In S. v. Young, where Young appealed a long prison sentence he was given for running an investment scam, the appeals court held:
190. his sentenced was to be reduced because of “extensive cooperation” with authorities investigating the matter
191. that because the Sentencing Guidelines were unconstitutional, he should be resentenced
192. that because no personal injury was inflicted on any person, the sentence should be reduced
193. the sentence as justified given the nature of the fraud
194. none of the other choices

 

ANSWER:  d  (page 141)

 

National:  AACSB Analytic; AICPA BB-Legal

 

190. In S. v. Young, where Young appealed a long prison sentence he was given for running an investment scam, the appeals court held:
191. his sentenced was to be reduced because of “extensive cooperation” with authorities investigating the matter
192. that because the Sentencing Guidelines were unconstitutional, he should be resentenced
193. that because no personal injury was inflicted on any person, the sentence should be reduced
194. the sentence should be increased to a higher level than originally imposed because the losses involved exceeded $100 million
195. none of the other choices

 

ANSWER:  e  (page 141)

 

National:  AACSB Analytic; AICPA BB-Legal

 

 

 

TRUE – FALSE QUESTIONS

 

 

1. T F A crime is an act that “violates human rights.”

 

ANSWER:  F  (page 118)

 

National:  AACSB Analytic; AICPA BB-Legal

 

2. T F A crime may be a positive act that violates the penal law of a government.

 

ANSWER:  T  (page 118)

 

National:  AACSB Analytic; Communication; AICPA BB-Legal

 

3. T F A crime is an offense against the state.

 

ANSWER:  T  (page 118)

 

National:  AACSB Analytic; Communication; AICPA BB-Legal

 

4. T F The punishments for crimes are determined at the discretion of a court at trial.

 

ANSWER:  F  (page 118)

 

National:  AACSB Analytic; AICPA BB-Legal

 

5. T F The punishments for crimes are determined by legislatures.

 

ANSWER:  T  (page 118)

 

National:  AACSB Analytic; AICPA BB-Legal

 

6. T F Serious violations of common-law rights can result in private prosecution of criminal acts.

 

ANSWER:  F  (page 118)

 

National:  AACSB Analytic; AICPA BB-Legal

 

7. T F Criminal penalties are imposed for Class A offenses of civil laws.

 

ANSWER:  F  (page 118)

 

National:  AACSB Analytic; AICPA BB-Legal

 

8. T F Each state has a criminal code and the federal government also has a criminal code.

 

ANSWER:  T  (page 118)

 

National:  AACSB Analytic; AICPA BB-Legal

 

9. T F All crimes are felonies.

 

ANSWER:  F  (page 118)

 

National:  AACSB Analytic; AICPA BB-Legal

 

10. T F Misdemeanors are not considered to be crimes.

 

ANSWER:  F  (page 118)

 

National:  AACSB Analytic; Communication; AICPA BB-Legal

 

11. T F Legally, a misdemeanor is a crime.

 

ANSWER:  T  (page 118)

 

National:  AACSB Analytic; Communication; AICPA BB-Legal

 

12. T F Felonies are serious crimes generally punishable by more than a year in prison.

 

ANSWER:  T  (page 118)

 

National:  AACSB Analytic; Communication; AICPA BB-Legal

 

13. T F Misdemeanors are less serious crimes generally punishable by less than a year in prison.

 

ANSWER:  T  (page 118)

 

National:  AACSB Analytic; Communication; AICPA BB-Legal

 

14. T F When crimes are given class (Class A, Class B, etc,) or degree classifications, the higher level classes (Class A) are subject to heavier penalties than lower level classes.

 

ANSWER:  T  (page 118)

 

National:  AACSB Analytic; AICPA BB-Legal

 

15. T F By definition, all crimes are against persons, not property.

 

ANSWER:  F  (page 118)

 

National:  AACSB Analytic; AICPA BB-Legal

 

16. T F Crimes against persons are more common than crimes against property.

 

ANSWER:  F  (page 119)

 

National:  AACSB Analytic; AICPA BB-Legal

 

17. T F It is believed that almost all crimes against persons are reported to the police.

 

ANSWER:  F  (page 119)

 

National:  AACSB Analytic; AICPA BB-Legal

 

18. T F Acts may be designed as crimes by either the federal or state governments.

 

ANSWER:  T  (page 119)

 

National:  AACSB Analytic; AICPA BB-Legal

 

19. T F State governments may designate crimes only after the federal government has given permission to the states to make such laws.

 

ANSWER:  F  (page 119)

 

National:  AACSB Analytic; AICPA BB-Legal

 

20. T F What are called “victimless crimes” are actually not crimes at law.

 

ANSWER:  F  (page 119)

 

National:  AACSB Analytic; AICPA BB-Legal

 

21. T F To be a crime, there must be violence involved in the act, or the possibility of violence.

 

ANSWER:  F  (page 119)

 

National:  AACSB Analytic; AICPA BB-Legal

 

22. T F If a person is convicted of a crime, there must be some prison or jail time imposed.

 

ANSWER:  F  (page 119)

 

National:  AACSB Analytic; AICPA BB-Legal

 

23. T F Petty offenses are the same as misdemeanors in some jurisdictions.

 

ANSWER:  T  (page 119)

 

National:  AACSB Analytic; AACSB Communication; AICPA BB-Legal

 

24. T F Local governments may impose penalties for violations of local ordinances.

 

ANSWER:  T  (page 119)

 

National:  AACSB Analytic; AICPA BB-Legal

 

25. T F Violations of local ordinances may not result in jail time, only the possibility of a fine.

 

ANSWER:  F  (page 119)

 

National:  AACSB Analytic; AICPA BB-Legal

 

26. T F Government agencies in charge of enforcing criminal statutes decide what the penalties will be for violations.

 

ANSWER:  F  (page 119)

 

National:  AACSB Analytic; AICPA BB-Legal

 

27. T F Legislatures decide the range of punishments that may be imposed for crimes.

 

ANSWER:  T  (page 119)

 

National:  AACSB Analytic; AICPA BB-Legal

 

28. T F The enforcement of criminal statutes is completely removed from politics.

 

ANSWER:  F  (page 120)

 

National:  AACSB Analytic; AICPA BB-Legal

 

29. T F All reported possible criminal acts are investigated and, if credible evidence exists, must be prosecuted.

 

ANSWER:  F  (page 120)

 

National:  AACSB Analytic; AICPA BB-Legal

 

30. T F Law enforcement agencies may not investigate or prosecute suspected crimes due to lack of resources.

 

ANSWER:  T  (page 120)

 

National:  AACSB Analytic; AICPA BB-Legal

 

31. T F To be convicted of a crime, it must be shown that the accused in fact committed the illegal act.

 

ANSWER:  T  (page 120)

 

National:  AACSB Analytic; AICPA BB-Legal

 

32. T F To be convicted of a crime, it must be shown that there was a necessary intent or state of mind to commit the act.

 

ANSWER:  T  (page 120)

 

National:  AACSB Analytic; AICPA BB-Legal

 

33. T F The term actus reus means a wrongful deed or guilty act.

 

ANSWER:  T  (page 120)

 

National:  AACSB Analytic; Communication; AICPA BB-Legal

 

34. T F The term actus reus means criminal intent or wrongful purpose.

 

ANSWER:  F  (page 120)

 

National:  AACSB Analytic; Communication; AICPA BB-Legal

 

35. T F The term mens rea means criminal intent or wrongful purpose in the criminal act.

 

ANSWER:  T  (page 120)

 

National:  AACSB Analytic; Communication; AICPA BB-Legal

 

36. T F The term mens rea means “the defendant is guilty.”

 

ANSWER:  F  (page 120)

 

National:  AACSB Analytic; Communication; AICPA BB-Legal

 

37. T F Criminal acts may be based on negligence.

 

ANSWER:  T  (page 120)

 

National:  AACSB Analytic; AICPA BB-Legal

 

38. T F Criminal negligence is carelessness amounting to a disregard of the rights and safety of others.

 

ANSWER:  T  (page 120)

 

National:  AACSB Analytic; Communication; AICPA BB-Legal

 

39. T F Criminal negligence is not a basis for prosecution for crimes; there must be intent, not negligence, in the commission of a crime.

 

ANSWER:  F  (page 120)

 

National:  AACSB Analytic; Communication; AICPA BB-Legal

 

40. T F If you accidentally drive the wrong way on a highway and kill someone in an accident, since it was an accident, there can be no criminal prosecution.

 

ANSWER:  F  (page 120)

 

National:  AACSB Analytic; AICPA BB-Legal

 

41. T F Most crimes must be prosecuted by the state within a certain time period or the right of the state to prosecute for the crime has tolled.

 

ANSWER:  T  (page 120)

 

National:  AACSB Analytic; Communication; AICPA BB-Legal

 

42. T F Most crimes are subject to a statute of limitations that tells how long the government has to prosecute for a crime or that ability expires.

 

ANSWER:  T  (page 120)

 

National:  AACSB Analytic; AICPA BB-Legal

 

43. T F The statute of limitations for crimes means there is a limit to the length of prison sentences that accompanies various criminal statutes.

 

ANSWER:  F  (page 120)

 

National:  AACSB Analytic; Communication; AICPA BB-Legal

 

44. T F When a person is arrested for suspicion of a crime, they are to be read their Miranda rights.

 

ANSWER:  T  (page 121)

 

National:  AACSB Analytic; Communication; AICPA BB-Legal

 

45. T F The Miranda rights include being told that a person being accused of a crime has the right to be represented by counsel.

 

ANSWER:  T  (page 121)

 

National:  AACSB Analytic; Communication; AICPA BB-Legal

 

46. T F The Miranda rights include being told that a person accused of a crime has the right to not say anything.

 

ANSWER:  T  (page 121)

 

National:  AACSB Analytic; Communication; AICPA BB-Legal

 

47. T F If a person is accused of a crime, things they tell the arresting officers may be used as evidence against the accused

 

ANSWER:  T  (page 121)

 

National:  AACSB Analytic; Communication; AICPA BB-Legal

 

48. T F When a person accused of a crime is read their Miranda rights that includes the fact that there is a right to be released after posting bail.

 

ANSWER:  F  (page 121)

 

National:  AACSB Analytic; AICPA BB-Legal

 

49. T F A corporation cannot be charged with a crime since it is not a person.

 

ANSWER:  F  (page 121)

 

National:  AACSB Analytic; AICPA BB-Legal

 

50. T F In Commonwealth v. Angelo Todeaca Corp. the Massachusetts high court held that a

corporation cannot be charged with a crime, only a civil offense.

 

ANSWER: F   (page 121)

 

National:  AACSB Analytic; AICPA BB-Legal

 

51. T F In Commonwealth v. Angelo Todeaca Corp. the Massachusetts high court held that a

corporation can be convicted of a crime.

 

ANSWER: T   (page 121)

 

National:  AACSB Analytic; AICPA BB-Legal

 

52. T F Intoxication and insanity are possible defenses to criminal charges

 

ANSWER:  T  (page 122)

 

National:  AACSB Analytic; AICPA BB-Legal

 

53. T F Intoxication, when proven, is usually a successful defense to a criminal charge.

 

ANSWER:  F  (page 122)

 

National:  AACSB Analytic; AICPA BB-Legal

 

54. T F It is estimated that the insanity defense in criminal cases works in about 100,000 criminal charges per year.

 

ANSWER:  F  (page 122)

 

National:  AACSB Analytic; AICPA BB-Legal

 

55. T F Self-defense can be used as a legal excuse in a criminal case for why harm was inflicted on another person

 

ANSWER:  T  (page 122)

 

National:  AACSB Analytic; Communication; AICPA BB-Legal

 

56. T F The standards for gathering evidence are the same in criminal cases and civil cases.

 

ANSWER:  F  (page 123)

 

National:  AACSB Analytic; AICPA BB-Legal

 

57. T F Evidence that is gathered improperly may be used at trial, but the judge and jury must be informed of the problems in obtaining the evidence.

 

ANSWER:  F  (page 123)

 

National:  AACSB Analytic; AICPA BB-Legal

 

58. T F The exclusionary rule applies to evidence that is improperly gathered.

 

ANSWER:  T  (page 123)

 

National:  AACSB Analytic; Communication; AICPA BB-Legal

 

59. T F Police may never search a person or enter property without a warrant.

 

ANSWER:  F  (page 107)

 

National:  AACSB Analytic; AICPA BB-Legal

 

60. T F Warrants are issued by district attorneys after they review the reasons provided by the policy why a warrant is needed.

 

ANSWER:  F  (page 123)

 

National:  AACSB Analytic; AICPA BB-Legal

 

61. T F Warrants are issued by a judge or magistrate upon showing of probable cause by the law enforcement authorities.

 

ANSWER:  T  (page 123)

 

National:  AACSB Analytic; Communication; AICPA BB-Legal

 

62. T F Warrants are needed to search for evidence, not to arrest suspects.

 

ANSWER:  F  (page 123)

 

National:  AACSB Analytic; AICPA BB-Legal

 

63. T F In S. v. Young, where government agents took x-rays of packages shipped by Young via Federal Express, but no warrant had been issued, the appeals court held that the evidence gathered from the x-rays could not be used in court.

 

ANSWER:  F  (page 123)

 

National:  AACSB Analytic; AICPA BB-Legal

 

64. T F In S. v. Young, where government agents took x-rays of packages shipped by Young via Federal Express, but no warrant had been issued, the appeals court held that the evidence gathered from the x-rays could be used in court.

 

ANSWER:  T  (page 123)

 

National:  AACSB Analytic; AICPA BB-Legal

 

65. T F In S. v. Young, where government agents took x-rays of packages shipped by Young via Federal Express, but no warrant had been issued, the appeals court held that Young had no expectation of privacy for the packages.

 

ANSWER:  T  (page 123)

 

National:  AACSB Analytic; AICPA BB-Legal

 

66. T F In S. v. Young, where government agents took x-rays of packages shipped by Young via Federal Express, but no warrant had been issued, the appeals court held that since it was illegal to ship money, it was ok to take x-rays.

 

ANSWER:  F  (page 123)

 

National:  AACSB Analytic; AICPA BB-Legal

 

67. T F If evidence of a possible crime is presented to a prosecuting attorney, they must bring criminal proceedings against the accused.

 

ANSWER:  F  (page 124)

 

National:  AACSB Analytic; AICPA BB-Legal

 

68. T F For a person to be charged with a crime, there must be an indictment by a grand jury.

 

ANSWER:  F  (page 124)

 

National:  AACSB Analytic; AICPA BB-Legal

 

69. T F Prosecuting attorneys only review evidence presented to them by the police or other authorities; they do not do their own investigations.

 

ANSWER:  F  (page 124)

 

National:  AACSB Analytic; AICPA BB-Legal

 

70. T F When a prosecutor requests an indictment from a grand jury, one is usually issued.

 

ANSWER:  T  (page 124)

 

National:  AACSB Analytic; AICPA BB-Legal

 

71. T F If a person is arrested on suspicion of a crime, they are immediately taken to the grand jury for consideration for an indictment.

 

ANSWER:  F  (page 124)

 

National:  AACSB Analytic; AICPA BB-Legal

 

72. T F When a person is arrested and accused of a crime, an appearance will be made before a judge that is called an arraignment.

 

ANSWER:  T  (page 124)

 

National:  AACSB Analytic; Communication; AICPA BB-Legal

 

73. T F At an arraignment, a suspect may be asked to enter a plea.

 

ANSWER:  T  (page 124)

 

National:  AACSB Analytic; Communication; AICPA BB-Legal

 

74. T F A suspect may enter pleas of guilty or not guilty only.

 

ANSWER:  F  (page 124)

 

National:  AACSB Analytic; AICPA BB-Legal

 

75. T F Nolo contendere means there is no longer a cause for the authorities to consider further charges against a suspect in a criminal matter.

 

ANSWER:  F  (page 124)

 

National:  AACSB Analytic; Communication; AICPA BB-Legal

 

76. T F A party accused of a crime may plead no contest or nolo contendere.

 

ANSWER:  T  (page 124)

 

National:  AACSB Analytic; Communication; AICPA BB-Legal

 

77. T F In most criminal cases, the person is not held in jail after the arraignment but before trial.

 

ANSWER:  T  (page 125)

 

National:  AACSB Analytic; AICPA BB-Legal

 

78. T F When a suspect is brought before a judge for an initial appearance, the judge may order the suspect released.

 

ANSWER:  T  (page 125)

 

National:  AACSB Analytic; AICPA BB-Legal

 

79. T F In felony cases, it is not uncommon for the charges to be settled with a plea bargain rather than go to trial.

 

ANSWER:  T  (page 125)

 

National:  AACSB Analytic; AICPA BB-Legal

 

80. T F If an employee steals money from an employer and has theft charges brought by the state, the employer must pay for the cost of prosecution.

 

ANSWER:  F  (page 125)

 

National:  AACSB Analytic; AICPA BB-Legal

 

81. T F A large percentage of criminal cases are settled by plea bargains.

 

ANSWER:  T  (page 125)

 

National:  AACSB Analytic; AICPA BB-Legal

 

82. T F At a criminal trial, the standard for guilt is “beyond a reasonable doubt.”

 

ANSWER:  T  (page 125)

 

National:  AACSB Analytic; Communication; AICPA BB-Legal

 

83. T F At a criminal trial, the standard for guilt is “all probable cause.”

 

ANSWER:  F  (page 126)

 

National:  AACSB Analytic; AICPA BB-Legal

 

84. T F If a jury finds a defendant not guilty of criminal charges in a state court, the same charges may be retried in a federal court.

 

ANSWER:  F  (page 126)

 

National:  AACSB Analytic; AICPA BB-Legal

 

85. T F White collar crime means a crime committed against a business.

 

ANSWER:  F  (page 127)

 

National:  AACSB Analytic; AICPA BB-Legal

 

86. T F White collar crimes refer to crimes so designated by Congress in a particular portion of the federal criminal code.

 

ANSWER:  F  (page 127)

 

National:  AACSB Analytic; AICPA BB-Legal

 

87. T F Only individuals, not corporations, can be charged with white collar criminal offenses.

 

ANSWER:  F  (page 127)

 

National:  AACSB Analytic; AICPA BB-Legal

 

88. T F White collar crime cases may occur under federal law or under state law.

 

ANSWER:  T  (page 127)

 

National:  AACSB Analytic; AICPA BB-Legal

 

89. T F Defendants may be sentenced to prison for violating the antitrust laws.

 

ANSWER:  T  (page 127)

 

National:  AACSB Analytic; AICPA BB-Legal

 

90. T F Falsifying information about a bankruptcy can result in criminal prosecution.

 

ANSWER:  T  (page 128)

 

National:  AACSB Analytic; AICPA BB-Legal

 

91. T F The offer of money or the taking of money, or other things of value, to influence official actions is called bribery.

 

ANSWER:  T  (page 128)

 

National:  AACSB Analytic; Communication; AICPA BB-Legal

 

92. T F Bribery charges only apply to the person who makes a bribe, not the person who accepts a bribe.

 

ANSWER:  F  (page 128)

 

National:  AACSB Analytic; Communication; AICPA BB-Legal

 

93. T F Copying designed clothing and selling them as the real thing can result in criminal counterfeiting charges.

 

ANSWER:  T  (page 128)

 

National:  AACSB Analytic; Communication; AICPA BB-Legal

 

94. T F The theft or misappropriation of valuable business information, such as a trade secret, is the crime of counterfeiting.

 

ANSWER:  F  (page 128)

 

National:  AACSB Analytic; Communication; AICPA BB-Legal

 

95. T F The unauthorized use of a credit card can result in criminal charges.

 

ANSWER:  T  (page 128)

 

National:  AACSB Analytic; Communication; AICPA BB-Legal

 

96. T F The unauthorized use of a credit card over the internet can result in criminal charges for internet fraud.

 

ANSWER:  T  (page 128)

 

National:  AACSB Analytic; Communication; AICPA BB-Legal

 

97. T F The sabotage of computers can result in criminal charges.

 

ANSWER:  T  (page 125)

 

National:  AACSB Analytic; AICPA BB-Legal

 

98. T F The theft or misappropriation of valuable business information, such as a trade secret, is the crime of economic espionage.

 

ANSWER:  T  (page 129)

 

National:  AACSB Analytic; Communication; AICPA BB-Legal

 

99. T F When a person in a position of trust steals money it is the crime of embezzlement.

 

ANSWER:  T  (page 129)

 

National:  AACSB Analytic; Communication; AICPA BB-Legal

 

100. T F When a person in a position of trust steals money it is the crime of bribery.

 

ANSWER:  F  (page 1291)

 

National:  AACSB Analytic; Communication; AICPA BB-Legal

 

101. T F Violations of environmental laws are civil violations; there are no criminal penalties that can result in prison time.

 

ANSWER:  F  (page 129)

 

National:  AACSB Analytic; AICPA BB-Legal

 

102. T F Financial fraud is a civil, not criminal, matter.

 

ANSWER:  F  (page 130)

 

National:  AACSB Analytic; AICPA BB-Legal

 

103. T F Criminal fraud can occur in private institutions and against the government.

 

ANSWER:  T  (page 130)

 

National:  AACSB Analytic; AICPA BB-Legal

 

104. T F The purchase or sale of securities based on information one has a fiduciary duty not to use is the crime of money laundering.

 

ANSWER:  F  (page 130)

 

National:  AACSB Analytic; AICPA BB-Legal

 

105. T F The purchase or sale of securities based on information one has a fiduciary duty not to use can be the crime of insider trading.

 

ANSWER:  T  (page 130)

 

National:  AACSB Analytic; Communication; AICPA BB-Legal

 

106. T F Mail fraud is usually the theft of postal services.

 

ANSWER:  F  (page 131)

 

National:  AACSB Analytic; Communication; AICPA BB-Legal

 

107. T F The crime of mail fraud is common since materials related to a fraud that are sent through the mails can fall under the law.

 

ANSWER:  T  (page 131)

 

National:  AACSB Analytic; Communication; AICPA BB-Legal

 

108. T F An American citizen working for an American company in another country who is accused of a crime will be tried under American law.

 

ANSWER:  F  (page 132)

 

National:  AACSB Analytic; AICPA BB-Legal

 

109. T F Foreigners working in other countries are subject to prosecution under the laws of those countries, not under the terms of the law of their home countries..

 

ANSWER:  T  (page 132)

 

National:  AACSB Analytic; AICPA BB-Legal

 

110. T F Hiding the truth about the origins of income can be the crime of money laundering.

 

ANSWER:  T  (page 131)

 

National:  AACSB Analytic; Communication; AICPA BB-Legal

 

111. T F Prosecution for the crime of money laundering is uncommon.

 

ANSWER:  F  (page 131)

 

National:  AACSB Analytic; AICPA BB-Legal

 

112. T F If one earns income illegally, such as by selling drugs, one must report the income, not hide it.

 

ANSWER:  T  (page 131)

 

National:  AACSB Analytic; AICPA BB-Legal

 

113. T F The RICO statute is used almost exclusively against organized crime.

 

ANSWER:  F  (page 132)

 

National:  AACSB Analytic; AICPA BB-Legal

 

114. T F The application of RICO is to crimes of violence that accompany attempts to get large sums of money.

 

ANSWER:  F  (page 132)

 

National:  AACSB Analytic; AICPA BB-Legal

 

115. T F RICO can be used for criminal and civil prosecutions.

 

ANSWER:  T  (page 133)

 

National:  AACSB Analytic; Communication; AICPA BB-Legal

 

116. T F In Bridge v. Phoenix Bond & Indemnity, the Supreme Court held that there was a

right of action by a private party under RICO to sue another party for treble damages for business losses suffered by improper means.

 

ANSWER: T   (page 134)

 

National:  AACSB Analytic; AICPA BB-Legal

 

117. T F In Bridge v. Phoenix Bond & Indemnity, the Supreme Court held that there was no

cause of action by a private company involved in bidding in a government auction.                 Only the government that suffered a loss has a cause of action under RICO.

 

ANSWER:  F  (page 134)

 

National:  AACSB Analytic; AICPA BB-Legal

 

118. T F Willful evasion of tax obligations can be a felony.

 

ANSWER:  T  (page 135)

 

National:  AACSB Analytic; AICPA BB-Legal

 

119. T F Criminal prosecution for tax evasion is rare in practice.

 

ANSWER:  F  (page 135)

 

National:  AACSB Analytic; AICPA BB-Legal

 

120. T F Fraud committed on the telephone and Internet can both be subject to criminal prosecution.

 

ANSWER:  T  (page 136)

 

National:  AACSB Analytic; AICPA BB-Legal

 

121. T F Many criminal prosecutions are based on the use of electronic communications as a part of the crime, not for the actual physical crime itself.

 

ANSWER:  T  (page 136)

 

National:  AACSB Analytic; AICPA BB-Legal

 

122. T F White collar crime in other developed nations does not appear to draw as much attention as it does in the U.S.

 

ANSWER:  T  (page 136)

 

National:  AACSB Analytic; AICPA BB-Legal

 

123. T F Anti-Money Laundering steps must be taken by legitimate businesses.

 

ANSWER:  T  (page 137)

 

National:  AACSB Analytic; AICPA BB-Legal

 

124. T F If a business receives money that it believes to be “suspicious” it must report the

transaction to the relevant government authority.

 

ANSWER:  T  (page 137)

 

National:  AACSB Analytic; AICPA BB-Legal

 

125. T F To combat money laundering there are compliance programs called Know Your

Customer or Customer Due Diligence.

 

ANSWER:  T  (page 138)

 

National:  AACSB Analytic; AICPA BB-Legal

 

126. T F To combat money laundering the Treasury Department has a widely-used program

called “Track the Cash” that all financial institutions must follow.

 

ANSWER:  F  (page 138)

 

National:  AACSB Analytic; AICPA BB-Legal

 

127. T F Banks must report to the government all trans transactions by their customers that are

for more than $10,000.

 

ANSWER:  T  (page 139)

 

National:  AACSB Analytic; AICPA BB-Legal

 

128. T F Banks must report to the government all trans transactions by their customers that are

for more than $3,000.

 

ANSWER:  F  (page 139)

 

National:  AACSB Analytic; AICPA BB-Legal

 

129. T F Criminal liability for corporate acts is more common in France than in the U.S.

 

ANSWER:  F  (page 138)

 

National:  AACSB Analytic; AICPA BB-Legal

 

130. T F The Sentencing Guidelines for criminal convictions must be applied without variation.

 

ANSWER:  F  (page 140)

 

National:  AACSB Analytic; AICPA BB-Legal

 

131. T F Companies that have compliance programs can receive lower punishments for criminal violations than those that do not, for the same action.

 

ANSWER:  T  (page 140)

 

National:  AACSB Analytic; AICPA BB-Legal

 

132. T F In a corporate compliance program, the Justice Department expects to see high-level persons in the company with responsibility to oversee the program.

 

ANSWER:  T  (page 140)

 

National:  AACSB Analytic; Communication; AICPA BB-Legal

 

133. T F In a corporate compliance program, the Justice Department expects to see effective communications about the program throughout the company.

 

ANSWER:  T  (page 140)

 

National:  AACSB Analytic; Communication; AICPA BB-Legal

 

134. T F In a corporate compliance program, the Justice Department expects to receive frequent reports from the company that discuss successes and failures in implementing the program.

 

ANSWER:  F  (page 140)

 

National:  AACSB Analytic; AICPA BB-Legal

 

135. T F The Supreme Court has held the Sentencing Guidelines to be purely advisory; courts may impose any sentence “reasonable.”

 

ANSWER:  F  (page 140)

 

National:  AACSB Analytic; AICPA BB-Legal

 

136. T F Congress adopted the Sentencing Guidelines because it believed some judges were being too harsh in the penalties imposed in many cases,

 

ANSWER:  F  (page 140)

 

National:  AACSB Analytic; AICPA BB-Legal

 

137. T F While the Sentencing Guidelines are advisory, they tend to restrict the range of sentences judges impose in criminal convictions.

 

ANSWER:  T  (page 140)

 

National:  AACSB Analytic; AICPA BB-Legal

 

138. T F In S. v. Young, where Young was convicted of a financial scam, and cooperated with authorities in the investigation, the appeals court held that a long prison sentence was still justified.

 

ANSWER:  T  (page 141)

 

National:  AACSB Analytic; AICPA BB-Legal

 

139. T F In S. v. Young, where Young was convicted of a financial scam, and cooperated with authorities in the investigation, the appeals court held that a long prison sentence would be overturned due to the cooperation, which would result in probation, not imprisonment.

 

ANSWER:  F  (page 141)

 

National:  AACSB Analytic; AICPA BB-Legal

 

140. T F In S. v. Young, where Young was convicted of a financial scam, but still received a long prison sentence, the appeals court held the Sentencing Guidelines to be unconstitutional.

 

ANSWER:  F  (page 141)

 

National:  AACSB Analytic; AICPA BB-Legal