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Exam 6: Criminal Law and Business

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Question 1

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Masked Bandit.Barry,who owned a small convenience store,was robbed when a masked bandit entered his store and demanded his cash while pointing a gun at him.As the bandit ran out of the store,Barry grabbed his own gun and shot the bandit in the leg.When the police arrived,Barry was arrested along with the thief.Barry claimed that no charges should be brought against him because his action in shooting the robber was justified.After the arrest,the officers searched his store and found marijuana.When Barry complained about the arrest and search,the officer in charge told him that because the state police were involved,federal constitutional rights were waived.Barry is trying to obtain legal representation in an attempt to get out of jail,but cannot afford a lawyer because he just spent all his funds buying the illegal drugs for resale that have now been confiscated by the police.Sam,another inmate,asks Barry if the officers explained his rights to him; but Barry only recalls being arrested,hustled into the police cruiser,and whisked off to jail.The bandit will likely be charged with a(n) ________ offense.

A) felony
B) misdemeanor
C) liability without fault
D) absolute liability
E) strict liability

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

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Question 2

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

A) A magistrate determines whether there was proof beyond a reasonable doubt for the arrest.
B) A magistrate determines whether there was probable cause for the arrest.
C) A magistrate determines whether the defendant was properly arraigned.
D) A magistrate determines whether there was reasonable suspicion for the arrest and whether the defendant was properly arraigned.
E) A magistrate determines whether there was probable cause for the arrest and whether the defendant was properly arraigned.

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

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Question 3

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An individual (i.e.,a private party)cannot file a criminal law suit.

Cosmetic Profits.Sally is the executive vice president of Big Name Cosmetics Company.Through important and material,nonpublic information,she learns that the company is soon going to purchase a smaller chain of stores.It is expected that stock in Big Name Cosmetics will rise dramatically at that point.Sally immediately buys a number of shares of her company's stock.She also tells her friend Alice about the expected purchase of stores.Alice wanted to purchase stock in the company but lacked the funds with which to do so.Although she did not have the funds in Bank A,Alice decided to draw a check on Bank A and deposit the check in Bank B and then proceed to write a check on Bank B to cover the purchase of the stock.She hoped that she would have sufficient funds to deposit before the check was presented for payment.Of which offense is Sally guilty,if any,in purchasing stock of her company?

Ed goes door-to-door selling magazine subscriptions.Ed knows,however,that he is simply taking money for subscriptions and has absolutely no intention of ever arranging for the provision of magazines.Which of the following offenses,if any,has he committed?

A ________ is a computer program that rearranges,damages,destroys,or replaces computer data.

Heidi decided to make extra money by offering to do investments for her friends for a fee.She actually did no investing,but used the funds from new friends to pay off earlier enrollees.This worked well for a while,but her scheme came to light when her supply of new friends came to an end.She is guilty of which of the following practices?

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

Which of the following is true regarding the Fourteenth Amendment to the United States Constitution?

A ________ is a hacker whose intention is the exploitation of a target computer or network to create a serious impact,such as the crippling of a communications network.

Courts have defined a pattern of racketeering under the Racketeer Influenced and Corrupt Organizations (RICO) Act as more than ________ action(s) .

Discuss the five ways described in the textbook to punish white-collar criminals,including the advantages and disadvantages of each type of punishment.

The burden of proof in a criminal case is:

Fraud generally requires scienter.

Before 1991,criminal sentencing was determinate; however,since 1991,there has been a discernable trend toward indeterminate sentencing.

Which of the following was created specifically to curb white-collar crime?

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

The Miranda rights provide that a law enforcement officer must inform an arrested individual of which of the following before the officer questions the individual?

Cosmetic Profits.Sally is the executive vice president of Big Name Cosmetics Company.Through important and material,nonpublic information,she learns that the company is soon going to purchase a smaller chain of stores.It is expected that stock in Big Name Cosmetics will rise dramatically at that point.Sally immediately buys a number of shares of her company's stock.She also tells her friend Alice about the expected purchase of stores.Alice wanted to purchase stock in the company but lacked the funds with which to do so.Although she did not have the funds in Bank A,Alice decided to draw a check on Bank A and deposit the check in Bank B and then proceed to write a check on Bank B to cover the purchase of the stock.She planned to write a check on Bank B and deposit it with Bank A just before the check was presented to Bank A in an attempt to create an artificial balance.Of what offense,if any,is Alice guilty of by her method of payment?

In China,officials found guilty of extortion and accepting bribes are subject to life imprisonment or even the possibility of being put to death.