Chapter 5 Criminal Law and Cybercrimes Verified Test Bank

Business Law with UCC Applications, 15e (Sukys)

Chapter 5 Criminal Law and Cybercrimes

1) The U.S. Constitution grants the federal government express authority to enact criminal law statutes.

Difficulty: 2 Medium

Topic: Definition and Classes of Crimes

Learning Objective: 05-01 Explain the purpose of criminal law.

Bloom's: Understand

AACSB: Reflective Thinking

Accessibility: Keyboard Navigation

2) A misdemeanor is a crime punishable by death/imprisonment in a federal/state prison for a term exceeding one year.

Difficulty: 2 Medium

Topic: Definition and Classes of Crimes

Learning Objective: 05-02 Enumerate the various categories and classes of crimes.

Bloom's: Understand

AACSB: Reflective Thinking

Accessibility: Keyboard Navigation

3) Under American law, a crime can be committed regardless of whether an act has occurred.

Difficulty: 2 Medium

Topic: Definition and Classes of Crimes

Learning Objective: 05-01 Explain the purpose of criminal law.

Bloom's: Understand

AACSB: Reflective Thinking

Accessibility: Keyboard Navigation

4) A person who cleans a hunting rifle without checking to see if it is loaded is acting with recklessness because that person has not bothered to look for any possible negative consequences that could result from those actions.

Difficulty: 3 Hard

Topic: Elements of a Crime

Learning Objective: 05-04 Identify the four mental states to be found in the criminal code.

Bloom's: Apply

AACSB: Analytical Thinking

Accessibility: Keyboard Navigation

5) An individual can be convicted for a criminal act even if the prosecutor cannot prove the defendant had an evil motive for committing the crime.

Difficulty: 3 Hard

Topic: Elements of a Crime

Learning Objective: 05-03 Describe the nature of an act within the concept of criminal liability.

Bloom's: Evaluate

AACSB: Analytical Thinking

Accessibility: Keyboard Navigation

6) Experts who believe in deterrence say that the criminal process should be presented in a public way, so that the public will learn the difference between acceptable and unacceptable behavior.

Difficulty: 2 Medium

Topic: Elements of a Crime

Learning Objective: 05-06 Explain the various theories of punishment within criminal law.

Bloom's: Understand

AACSB: Analytical Thinking

Accessibility: Keyboard Navigation

7) Alfred drives his car very fast in a school zone when the school is releasing students at the end of the school day. A student dies when he is hit by Alfred's car. Alfred has committed manslaughter with premeditation.

Difficulty: 3 Hard

Topic: Specific Crimes

Learning Objective: 05-07 Enumerate and explain the elements of several key crimes.

Bloom's: Apply

AACSB: Analytical Thinking

Accessibility: Keyboard Navigation

8) A doctor who injects an antibiotic into a patient's arm without the patient's consent may be liable for assault.

Difficulty: 2 Medium

Topic: Specific Crimes

Learning Objective: 05-07 Enumerate and explain the elements of several key crimes.

Bloom's: Understand

AACSB: Analytical Thinking

Accessibility: Keyboard Navigation

9) Gabriel points a gun at a store clerk to frighten the clerk. This is an example of assault and battery.

Difficulty: 3 Hard

Topic: Specific Crimes

Learning Objective: 05-07 Enumerate and explain the elements of several key crimes.

Bloom's: Apply

AACSB: Analytical Thinking

Accessibility: Keyboard Navigation

10) George's forced entry through a window along with his intention to rob a safe establishes the act of aggravated burglary.

Difficulty: 2 Medium

Topic: Specific Crimes

Learning Objective: 05-07 Enumerate and explain the elements of several key crimes.

Bloom's: Understand

AACSB: Reflective Thinking

Accessibility: Keyboard Navigation

11) In the Opening Case Round 3, United States v. Hearst, the authors state that Hearst's attorney, F. Lee Bailey, argued that Hearst was not guilty of armed (or aggravated) robbery because no one was injured in the bank holdup.

Difficulty: 3 Hard

Topic: Specific Crimes

Learning Objective: 05-07 Enumerate and explain the elements of several key crimes.

Bloom's: Evaluate

AACSB: Analytical Thinking

Accessibility: Keyboard Navigation

12) The RICO Act covers only serious crimes, such as arson and robbery.

Difficulty: 2 Medium

Topic: Specific Crimes

Learning Objective: 05-07 Enumerate and explain the elements of several key crimes.

Bloom's: Understand

AACSB: Reflective Thinking

Accessibility: Keyboard Navigation

13) Stan threatens to use his computer skills to shut down the computers of the U.S. air traffic control system unless he is paid money. Stan is likely committing cyber-stalking.

Difficulty: 3 Hard

Topic: Cybercrimes

Learning Objective: 05-08 Define and explain the nature of cybercrimes.

Bloom's: Analyze

AACSB: Analytical Thinking

Accessibility: Keyboard Navigation

14) The Economic Espionage Act (EEA) is designed to protect against electronic- vandalism.

Difficulty: 2 Medium

Topic: Cybercrimes

Learning Objective: 05-07 Enumerate and explain the elements of several key crimes.

Bloom's: Understand

AACSB: Reflective Thinking

Accessibility: Keyboard Navigation

15) Under the irresistible impulse test a defendant can be found not guilty by reason of insanity if, at the time the criminal act was committed, he or she was suffering from a mental disease that was so serious that the defendant did not know the nature of the act or did not know that act was wrong.

Difficulty: 2 Medium

Topic: Defenses to Criminal Liability

Learning Objective: 05-09 Explain the standards for the insanity defense in criminal law.

Bloom's: Understand

AACSB: Reflective Thinking

Accessibility: Keyboard Navigation

16) Under the Coercive Persuasion test, a victim manifests an affection and emotional sympathy for the kidnapper.

Difficulty: 2 Medium

Topic: Defenses to Criminal Liability

Learning Objective: 05-09 Explain the standards for the insanity defense in criminal law.

Bloom's: Understand

AACSB: Analytical Thinking

Accessibility: Keyboard Navigation

17) If a law enforcement officer induces a law-abiding citizen to commit a crime that he or she would not otherwise commit, the defendant may have the right to use self-defense.

Difficulty: 2 Medium

Topic: Defenses to Criminal Liability

Learning Objective: 05-10 Outline the requirements of entrapment as a defense in criminal law.

Bloom's: Understand

AACSB: Reflective Thinking

Accessibility: Keyboard Navigation

18) A person has a duty to retreat before using force, even if the attack occurs in her own home.

Difficulty: 2 Medium

Topic: Defenses to Criminal Liability

Learning Objective: 05-10 Outline the requirements of entrapment as a defense in criminal law.

Bloom's: Understand

AACSB: Analytical Thinking

Accessibility: Keyboard Navigation

19) Patricia believes she could not be personally charged for gambling if she creates a lottery to raise money for her favorite charity. This could be used as a defense to being prosecuted for unlawful gambling.

Difficulty: 3 Hard

Topic: Defenses to Criminal Liability

Learning Objective: 05-10 Outline the requirements of entrapment as a defense in criminal law.

Bloom's: Apply

AACSB: Analytical Thinking

Accessibility: Keyboard Navigation

20) If a spouse had no idea that she was in danger of death or severe bodily injury, she may use the battered spouse syndrome as a form of self-defense in some courts.

Difficulty: 3 Hard

Topic: Defenses to Criminal Liability

Learning Objective: 05-10 Outline the requirements of entrapment as a defense in criminal law.

Bloom's: Apply

AACSB: Reflective Thinking

Accessibility: Keyboard Navigation

21) Which of the following is true of criminal law under the American law system?

A) When a crime is committed, the victim has a cause of action against the accused and is permitted to recover money as compensation from the defendant.

B) In a criminal case, the prosecutor or district attorney is required to prove the criminal defendant guilty by a preponderance of the evidence.

C) Defendants are protected from being tried for a criminal offense and then being sued under tort law for that same wrongful act.

D) If a defendant is accused of an offense that can be designated as two different crimes, he or she can be tried in two different courts.

Difficulty: 3 Hard

Topic: Definition and Classes of Crimes

Learning Objective: 05-01 Explain the purpose of criminal law.

Bloom's: Evaluate

AACSB: Reflective Thinking

Accessibility: Keyboard Navigation

22) A city ordinance allowed the police to arrest young men who were loitering in any public place with no apparent purpose and failed to disperse when requested to do so by the police. William was arrested under the ordinance. What is William's best legal challenge to his arrest?

A) The ordinance has no connection to public safety.

B) The ordinance is void for vagueness.

C) The ordinance gives power to the police.

D) The ordinance contains no reference to a state of mind.

Difficulty: 3 Hard

Topic: Elements of a Crime

Learning Objective: 05-03 Describe the nature of an act within the concept of criminal liability.

Bloom's: Apply

AACSB: Analytical Thinking

Accessibility: Keyboard Navigation

23) Which of the following would be considered a criminal act?

A) Martin had a heart attack while driving his semitrailer on a highway, causing a head-on collision with another trailer, and resulting in a 40-car pileup and 17 deaths.

B) Last summer, Sam made and sold crack cocaine and marijuana to teenagers in his neighborhood, leading to drug network and addiction amongst teenagers of that locale.

C) Karen, obsessed with thoughts of her husband's affair with his colleague, wrote in her diary detailed plots of how to kill the woman.

D) Helen thinks she cannot get through each day without taking LSD, a psychedelic drug.

Difficulty: 3 Hard

Topic: Definition and Classes of Crimes

Learning Objective: 05-03 Describe the nature of an act within the concept of criminal liability.

Bloom's: Evaluate

AACSB: Analytical Thinking

Accessibility: Keyboard Navigation

24) Two drivers challenge each other to a drag race on a public highway. This is an example of acting with:

A) a purpose.

B) knowledge

C) recklessness.

D) negligence.

Difficulty: 3 Hard

Topic: Elements of a Crime

Learning Objective: 05-04 Identify the four mental states to be found in the criminal code.

Bloom's: Analyze

AACSB: Analytical Thinking

Accessibility: Keyboard Navigation

25) A child is killed by the violent behavior of his mother's boyfriend. The mother was aware of the possible danger her boyfriend posed to her son, yet failed to take steps to prevent or reduce the risk of harm to her son. She can be convicted of a crime due to which of the following requisite states of mind?

A) She acted with negligence.

B) She acted with knowledge.

C) She acted with recklessness.

D) She acted with purpose.

Difficulty: 3 Hard

Topic: Elements of a Crime

Learning Objective: 05-04 Identify the four mental states to be found in the criminal code.

Bloom's: Analyze

AACSB: Analytical Thinking

Accessibility: Keyboard Navigation

26) Which of the following types of criminal homicide involves killing someone with premeditation, killing in a cruel way such as with torture, or killing while committing a major crime?

A) Second-degree murder

B) Involuntary manslaughter

C) First-degree murder

D) Voluntary manslaughter

Difficulty: 3 Hard

Topic: Specific Crimes

Learning Objective: 05-07 Enumerate and explain the elements of several key crimes.

Bloom's: Analyze

AACSB: Analytical Thinking

Accessibility: Keyboard Navigation

27) A robber kills a convenience store clerk and escapes with just $5. Which of the following types of homicide best fits the facts?

A) Second-degree murder

B) First-degree murder

C) Voluntary manslaughter

D) Involuntary manslaughter

Difficulty: 3 Hard

Topic: Specific Crimes

Learning Objective: 05-07 Enumerate and explain the elements of several key crimes.

Bloom's: Analyze

AACSB: Analytical Thinking

Accessibility: Keyboard Navigation

28) Joe, driving while intoxicated, caused a traffic accident that killed a passenger in his car. Joe may be charged with:

A) involuntary manslaughter.

B) first-degree murder.

C) second-degree murder.

D) aggravated murder.

Difficulty: 3 Hard

Topic: Specific Crimes

Learning Objective: 05-07 Enumerate and explain the elements of several key crimes.

Bloom's: Evaluate

AACSB: Analytical Thinking

Accessibility: Keyboard Navigation

29) The term ________ has been used to describe a crime in which the offender causes actual physical harm to the victim.

A) arson

B) aggravated menacing

C) violence

D) battery

Difficulty: 2 Medium

Topic: Specific Crimes

Learning Objective: 05-07 Enumerate and explain the elements of several key crimes.

Bloom's: Understand

AACSB: Reflective Thinking

Accessibility: Keyboard Navigation

30) A statute that made burning a cross to cause fear a criminal offence would be an example of what type of crime?

A) Assault

B) Hate speech

C) Arson

D) Terrorism

Difficulty: 3 Hard

Topic: Specific Crimes

Learning Objective: 05-07 Enumerate and explain the elements of several key crimes.

Bloom's: Analyze

AACSB: Reflective Thinking

Accessibility: Keyboard Navigation

31) A shoplifter steals a can of soda and tries to escape. He threatens and fights the clerk when confronted. This is an example of:

A) burglary.

B) extortion.

C) embezzlement.

D) robbery.

Difficulty: 2 Medium

Topic: Specific Crimes

Learning Objective: 05-07 Enumerate and explain the elements of several key crimes.

Bloom's: Understand

AACSB: Analytical Thinking

Accessibility: Keyboard Navigation

32) Myra, the assistant accountant at Multibusiness, Inc., decides to transfer $5,000 from a Multibusiness account to her personal account in order to pay some personal medical expenses. Myra plans to repay the money as soon as she receives reimbursement from her health insurance. Myra has committed:

A) larceny.

B) forgery.

C) embezzlement.

Difficulty: 3 Hard

Topic: Specific Crimes

Learning Objective: 05-07 Enumerate and explain the elements of several key crimes.

Bloom's: Analyze

AACSB: Analytical Thinking

Accessibility: Keyboard Navigation

33) ________ is analogous to forgery because it also involves the alteration or falsification of an object or a document with intent to defraud.

A) Embezzlement

B) Criminal simulation

C) Passing bad checks

D) Defrauding creditors

Difficulty: 2 Medium

Topic: Specific Crimes

Learning Objective: 05-07 Enumerate and explain the elements of several key crimes.

Bloom's: Understand

AACSB: Reflective Thinking

Accessibility: Keyboard Navigation

34) Agnes, a convenience store cashier, takes $5 out of the register for every $100 she rings up and keeps it. Agnes could be arrested for:

A) extortion.

B) embezzlement.

C) burglary.

D) robbery.

Difficulty: 3 Hard

Topic: Specific Crimes

Learning Objective: 05-07 Enumerate and explain the elements of several key crimes.

Bloom's: Analyze

AACSB: Analytical Thinking

Accessibility: Keyboard Navigation

35) Alvin has discovered how to duplicate subway fare cards, and has made several hundreds of them with the intention of defrauding people. Which of the following crimes has Alvin committed?

A) Larceny by false pretenses

B) Forgery

C) Embezzlement

D) Bribery

Difficulty: 3 Hard

Topic: Specific Crimes

Learning Objective: 05-07 Enumerate and explain the elements of several key crimes.

Bloom's: Apply

AACSB: Analytical Thinking

Accessibility: Keyboard Navigation

36) ________ is the making of a false statement under oath.

A) Perjury

B) Dereliction of duty

C) Intimidation

D) Tampering with evidence

Difficulty: 2 Medium

Topic: Specific Crimes

Learning Objective: 05-07 Enumerate and explain the elements of several key crimes.

Bloom's: Understand

AACSB: Analytical Thinking

Accessibility: Keyboard Navigation

37) Tom enters a computer chat room attempting to contact children online with the intention of taking illegal advantage of them. This e-crime is known as:

A) cyber-extortion.

B) cyber-spoofing.

C) cyber-stalking.

D) cyber-fraud.

Difficulty: 3 Hard

Topic: Cybercrimes

Learning Objective: 05-08 Define and explain the nature of cybercrimes.

Bloom's: Evaluate

AACSB: Analytical Thinking

Accessibility: Keyboard Navigation

38) Mark enjoys hacking into the computer databases of companies, but never takes or damages any data. Mark has violated which of the following statutes?

A) Access Device Fraud Act

B) Computer Fraud and Abuse Act

C) Wiretap Act

D) Mark has not violated any statute, since there is no damage.

Difficulty: 3 Hard

Topic: Cybercrimes

Learning Objective: 05-08 Define and explain the nature of cybercrimes.

Bloom's: Apply

AACSB: Analytical Thinking

Accessibility: Keyboard Navigation

39) A criminal defendant is found to be suffering from a mental disease that is so serious she does not know the nature of her actions or the fact that the acts she commits are wrong. This describes which of the following tests?

A) M'Naughten Rule

B) Irresistible impulse test

C) American Law Institute test

D) The Durham test

Difficulty: 3 Hard

Topic: Defenses to Criminal Liability

Learning Objective: 05-09 Explain the standards for the insanity defense in criminal law.

Bloom's: Evaluate

AACSB: Analytical Thinking

Accessibility: Keyboard Navigation

40) ________ is only a defense to charges of criminal liability if it destroys one of the elements necessary to that crime.

A) Self-defense

B) Mistake

C) Battered spouse syndrome

D) Defense of others

Difficulty: 2 Medium

Topic: Defenses to Criminal Liability

Learning Objective: 05-10 Outline the requirements of entrapment as a defense in criminal law.

Bloom's: Understand

AACSB: Reflective Thinking

Accessibility: Keyboard Navigation

41) Sue is in her apartment complex when she hears screams and what sound like gunshots. However, she fails to call 911. Has Sue committed a crime due to her failure to call the police? Explain.

Difficulty: 3 Hard

Topic: Elements of a Crime

Learning Objective: 05-03 Describe the nature of an act within the concept of criminal liability.

Bloom's: Analyze

AACSB: Analytical Thinking

Accessibility: Keyboard Navigation

42) While sleepwalking during his stay in a hotel, Boterus ran into Selan, another guest at the hotel, knocking Selan down the stairs. Selan called the police and demanded that Boterus be arrested. Will Boterus likely be convicted of a crime? Explain.

Difficulty: 3 Hard

Topic: Elements of a Crime

Learning Objective: 05-03 Describe the nature of an act within the concept of criminal liability.

Bloom's: Analyze

AACSB: Analytical Thinking

Accessibility: Keyboard Navigation

43) A gasoline tanker truck is speeding around a curve in the road and overturns on the shoulder of the highway. The truck catches fire due to a spark igniting the gasoline and the fire spreads through a field where it burns a house and barn. The driver is arrested and accused of a criminal act. Analyze the situation.

Difficulty: 3 Hard

Topic: Elements of a Crime

Learning Objective: 05-04 Identify the four mental states to be found in the criminal code.

Bloom's: Analyze

AACSB: Analytical Thinking

Accessibility: Keyboard Navigation

44) The police have the DNA and fingerprint evidence to connect Amy, the CEO of BIGCORP, to a particular crime of murder involving the CEO of a major competitor, but they still have not found enough evidence of a motive for Amy to kill the victim. Would the lack of a motive prevent Amy from being convicted? And, would BIGCORP be criminally liable for Amy's actions?

Difficulty: 3 Hard

Topic: Elements of a Crime

Learning Objective: 05-05 Explain the nature of corporate criminal liability.

Bloom's: Evaluate

AACSB: Analytical Thinking

Accessibility: Keyboard Navigation

45) Zach sells art pieces that are altered and falsified, but convinces his customers that they are buying original artifacts. Explain the kind of crime committed by Zach.

Difficulty: 3 Hard

Topic: Specific Crimes

Learning Objective: 05-07 Enumerate and explain the elements of several key crimes.

Bloom's: Analyze

AACSB: Analytical Thinking

Accessibility: Keyboard Navigation

46) Lane offered the mayor of Ontario $12,000 to award Lane's firm a building contract. The mayor refused the bribe. When Lane was arrested, he claimed that he was innocent of the charge of bribery because the mayor never took the money. Discuss the possibility of Lane's actions to be qualified as crime.

Difficulty: 3 Hard

Topic: Specific Crimes

Learning Objective: 05-07 Enumerate and explain the elements of several key crimes.

Bloom's: Evaluate

AACSB: Analytical Thinking

Accessibility: Keyboard Navigation

47) Jackson's wallet is stolen. The thief makes use of the identification items in the wallet to pass himself off as Jackson in order to establish fraudulent credit card accounts and in general, disrupt Jackson's financial life. Analyze the crimes and the law violations for which the thief can be convicted.

Difficulty: 3 Hard

Topic: Specific Crimes; Cybercrimes

Learning Objective: 05-07 Enumerate and explain the elements of several key crimes.; 05-08 Define and explain the nature of cybercrimes.

Bloom's: Analyze

AACSB: Analytical Thinking

Accessibility: Keyboard Navigation

48) Brooke sends e-mails to customers of a local bank, directing them to a website that she has created, which appears to be the website of the bank. The customers are directed to update their banking information by entering their credit and personal information. Analyze the crime for which Brooke can be convicted.

Difficulty: 3 Hard

Topic: Cybercrimes

Learning Objective: 05-08 Define and explain the nature of cybercrimes.

Bloom's: Analyze

AACSB: Analytical Thinking

Accessibility: Keyboard Navigation

49) A hacker threatens to shut down a company's computer system unless the company pays him $10 million. Discuss the crime and federal statutes involved in the case.

Difficulty: 3 Hard

Topic: Cybercrimes

Learning Objective: 05-08 Define and explain the nature of cybercrimes.

Bloom's: Evaluate

AACSB: Analytical Thinking

Accessibility: Keyboard Navigation

50) An undercover police investigator logs into a computer chat room posing as a 15-year-old girl. An older man, knowing the asserted age of the "girl", suggests that they meet at a local motel and expresses his intentions. The man checks into the motel at the pre-arranged time, and is arrested for attempted statutory rape under a state Internet enticement law. Discuss the case in brief.

Difficulty: 3 Hard

Topic: Defenses to Criminal Liability

Learning Objective: 05-10 Outline the requirements of entrapment as a defense in criminal law.

Bloom's: Evaluate

AACSB: Analytical Thinking

Accessibility: Keyboard Navigation