Question 1

Reference - Cosmetic Profits. Sally is the vice president at 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 of the following offenses, if any, is Alice guilty of by buying stock?

Accepted Answer

A)   She is guilty of insider-trading because she tipped information.
B)   She is guilty of an insider-trading violation because she traded on tipped information.
C)   She is guilty of extortion.
D)   She is guilty of larceny.
E)   She is not guilty of any offense.F) A) and C)
G) B) and E)

Question 2

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

Accepted Answer

A)   Poison pill
B)   Tracker
C)   Drone
D)   Clone
E)   VirusF) A) and B)
G) A) and C)

Question 3

Courts have defined a pattern of racketeering under RICO as more than __________ action[s].

Accepted Answer

A)   One.
B)   Two.
C)   Three.
D)   Four.
E)   None of these. There is no requirement of more than one action.F) C) and D)
G) All of the above

Question 4

Ordinarily, to obtain an arrest warrant, a law enforcement agent must demonstrate that there is ________ that a suspect committed or is planning to commit a crime.

Accepted Answer

A)   Likely cause.
B)   Suspected cause.
C)   Certainty.
D)   Probable cause.
E)   Information.F) A) and B)
G) A) and C)

Question 5

Reference - Divorce Fallout. Dr. Fred, following a messy divorce, has encountered significant financial difficulties. Dr. Fred has a friend named Slick Slim who tells Dr. Fred that he has been making lots of money by selling people a wristband that allegedly places pressure on a nerve that signals hunger resulting in a lack of appetite. Slick Slim tells Dr. Fred that, although the device does not really work, people who want to lose weight and look good in their bathing suits will do anything and that it sells like hotcakes. Slick Slim tells Dr. Fred that he will pay Dr. Fred five dollars for every band that Dr. Fred can sell to his patients. Dr. Fred proceeds to mail letters to patients suggesting the use of the band for weight loss. He also uses UPS to mail samples of the band to some patients along with letters encouraging purchase of the bands. Dr. Fred then proceeds to bill Medicare for office consultations he has with patients when they come in to purchase the bands. The scheme is wildly successful. Dr. Fred is able to entirely satisfy his alimony obligations within just a few months. Unfortunately, as patients begin to see that they are not having any weight loss, he has been receiving numerous complaints, and a friend of his told him that he could even be facing some criminal prosecution. By which of the following acts, if any, did Dr. Fred commit health care fraud?

Accepted Answer

A)   Dr. Fred did not commit any acts of health care fraud.
B)   By the submission of false claims to Medicare only.
C)   By the receipt of kick-backs from Slick Slim only.
D)   By the submission of false claims to Medicare and also by the receipt of kick-backs from Slick Slim.
E)   By submitting false claims to Medicare, by receiving kick-backs from Slick Slim, and also by merely discussing the matter with Slick Slim.F) B) and E)
G) None of the above

Question 6

Under the Sarbanes-Oxley Act of 2002, it is a felony for an auditor to willfully fail to maintain proper records of audits and work papers for at least ___________ years.

Accepted Answer

A)   Two.
B)   Three.
C)   Four.
D)   Five.
E)   Ten.F) B) and D)
G) A) and D)

Question 7

Bobby, a struggling college student, was entering his favorite grocery store to buy a few things when he was approached by a shabbily dressed young woman who told him that she had no money and needed a few food items to eat. She suggested that Bobby buy some steaks for grilling and return with her to her apartment for dinner. Bobby told her that he did not have much money, but the young woman persisted and went into the store with him. While in the grocery, Bobby put some steaks and other items in his backpack and, without paying for them, carried them out of the store in preparation for dinner. Unknown to Bobby, the young woman was actually an undercover police officer who arrested him for shoplifting. What is Bobby's best defense?

Accepted Answer

Bobby's best defense is entrap...

Question 8

Which of the following is punishable by imprisonment for more than one year or death?

Accepted Answer

A)   Misdemeanor.
B)   Felony.
C)   Petty offenses.
D)   Tort offenses.
E)   Any business related crime.F) C) and D)
G) B) and C)

Question 9

The primary purpose of criminal law is to compensate victims.

Accepted Answer

A) True 
 B)False

Question 10

Which of the following is an investment swindle in which high profits are promised from fictitious sources and early investors are paid off with funds raised from later investors?

Accepted Answer

A)   False entries
B)   False token
C)   False pretenses
D)   Ponzi scheme
E)   PretextingF) A) and B)
G) C) and D)

Question 11

Which of the following is a federal law providing extended penalties for criminal acts performed as part of an ongoing criminal organization?

Accepted Answer

A)   The Racketeer Influenced and Corruption Organizations Act.
B)   The False Claims Act.
C)   The Sarbanes-Oxley Act of 2002.
D)   The Racketeer Influenced and Corruption Organizations Act, the False Claims Act, and the Sarbanes-Oxley Act of 2002.
E)   None of these.F) C) and E)
G) A) and C)

Question 12

Reference - 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. The police also searched the convenience store and found evidence of illegal drugs for which Barry was arrested. When Barry complained about the search, the officer in charge told him that since the state police were involved, federal constitutional rights were waived. Barry is attempting 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 his rights were explained to him by the officers; but Barry only recalls being arrested, hustled into the police cruiser, and whisked off to jail. Which of the following is true regarding Barry's claim that he was engaged in a justifiable use of force?

Accepted Answer

A)   Barry is correct and no charges should be brought against him.
B)   Barry is correct only if he can establish that in addition to committing a felony, the bandit was armed with a deadly weapon.
C)   Barry is correct only if he can establish that in addition to committing a misdemeanor, the bandit was armed with some type of weapon.
D)   Barry is incorrect because he did not sustain bodily harm.
E)   Barry is incorrect because his use of force was not necessary to prevent death or great bodily harm to himself or another, or to prevent the imminent commission of a felony.F) All of the above
G) A) and D)

Question 13

Which of the following is an example of the imposition of strict liability?

Accepted Answer

A)   A robber pulls a gun to rob a bank teller.
B)   A burglar breaks into a home to steal jewelry.
C)   A business sells cigarettes to a minor.
D)   A minor shoplifts in a department store.
E)   An adult shoplifts in a department store.F) All of the above
G) A) and E)

Question 14

A judge reports that a jury was "hung". What does the judge mean?

Accepted Answer

A)   That the jury wanted to hang the defendant by imposing a heavy sentence.
B)   That the jury wanted to hang the prosecutor for unjustly charging the defendant.
C)   That the jury could not reach a decision.
D)   That the jury had waited an excessive amount of time before reaching a verdict.
E)   That the jury had waited an excessive amount of time before retiring for the evening.F) B) and E)
G) A) and E)

Question 15

A[n] _______________ 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.

Accepted Answer

A)   Computer offender
B)   Data obstructer
C)   Control obstructer
D)   Cyber terrorist
E)   Network thiefF) All of the above
G) B) and D)

Question 16

Reference - Cosmetic Profits. Sally is the vice president at 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 of the following, if any, is Sally guilty of by providing information to Alice regarding the purchase?

Accepted Answer

A)   She is guilty of an insider-trading violation by tipping the information.
B)   She is guilty of an insider-trading violation by being tipped.
C)   She is guilty of an insider-trading violation by both tipping and being tipped.
D)   She is guilty of criminal extortion.
E)   She is not guilty of any offense.F) All of the above
G) B) and C)

Question 17

Bank teller Ben receives $1,000 from a customer for deposit into the customer's bank account. Instead of placing the money into the customer's account, Ben puts it into his pocket. Which of the following offenses has he committed?

Accepted Answer

A)   Forgery
B)   False entries
C)   False token
D)   Embezzlement
E)   Both false token and embezzlementF) C) and E)
G) A) and B)

Question 18

Reference - Divorce Fallout. Dr. Fred, following a messy divorce, has encountered significant financial difficulties. Dr. Fred has a friend named Slick Slim who tells Dr. Fred that he has been making lots of money by selling people a wristband that allegedly places pressure on a nerve that signals hunger resulting in a lack of appetite. Slick Slim tells Dr. Fred that, although the device does not really work, people who want to lose weight and look good in their bathing suits will do anything and that it sells like hotcakes. Slick Slim tells Dr. Fred that he will pay Dr. Fred five dollars for every band that Dr. Fred can sell to his patients. Dr. Fred proceeds to mail letters to patients suggesting the use of the band for weight loss. He also uses UPS to mail samples of the band to some patients along with letters encouraging purchase of the bands. Dr. Fred then proceeds to bill Medicare for office consultations he has with patients when they come in to purchase the bands. The scheme is wildly successful. Dr. Fred is able to entirely satisfy his alimony obligations within just a few months. Unfortunately, as patients begin to see that they are not having any weight loss, he has been receiving numerous complaints, and a friend of his told him that he could even be facing some criminal prosecution. Which of the following offenses, if any, did Dr. Fred commit when he used UPS to send correspondence and samples of the bands to patients?

Accepted Answer

A)   False pretenses
B)   False entry
C)   Defalcation
D)   Mail fraud
E)   None of these. He is possibly guilty of some state law offense, but mail fraud requires the use of the U.S. mails.F) A) and C)
G) B) and E)

Question 19

Sam, a new police officer, was criticized by his supervisor for failing to make a sufficient number of arrests. Sam went into a section of town known for criminal activity, picked up several suspicious looking individuals, read them the Miranda rights, and arrested them hoping that they would confess to something. Alice, one of the detainees, was scared; and, hoping to cut a deal, immediately confessed to burglarizing a local pawn shop. Which of the following is Alice's best defense at trial?

Accepted Answer

A)   That the officer failed to have probable cause to make the arrest.
B)   That the officer violated her First Amendment rights.
C)   That the officer failed to obtain a form signed by Alice verifying that she understood the Miranda rights as read.
D)   That the officer failed to satisfy the burden of proof.
E)   That a confession prior to an initial appearance is invalid.F) A) and B)
G) A) and C)

Question 20

Which of the following is true regarding the grand jury system?

Accepted Answer

A)   Under the U.S. Constitution, a grand jury is required in state court felony cases.
B)   Under the U.S. Constitution, a grand jury is required in federal felony cases.
C)   The right to a grand jury may not be waived by a defendant.
D)   Under the U.S. Constitution, a grand jury is required in state court felony cases and in federal felony cases and the right to a grand jury may not be waived by a defendant.
E)   Under the U.S. Constitution, a grand jury is required in both state and federal felony cases, but a defendant may waive the right to review by a grand jury.F) None of the above
G) A) and B)

Exam 5: Constitutional Law

Which of the following is an investment swindle in which high profits are promised from fictitious sources and early investors are paid off with funds raised from later investors?

Correct Answer
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The primary purpose of criminal law is to compensate victims.

Correct Answer
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Under the Sarbanes-Oxley Act of 2002, it is a felony for an auditor to willfully fail to maintain proper records of audits and work papers for at least ___________ years.

Correct Answer
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Which of the following is true regarding the grand jury system?

Correct Answer
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Correct Answer
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A _____________ is a computer program that rearranges, damages, destroys, or replaces computer data.

Correct Answer
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Courts have defined a pattern of racketeering under RICO as more than __________ action[s].

Correct Answer
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A judge reports that a jury was "hung". What does the judge mean?

Correct Answer
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Which of the following is a federal law providing extended penalties for criminal acts performed as part of an ongoing criminal organization?

Correct Answer
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A[n] _______________ 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.

Correct Answer
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Correct Answer
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Bobby's best defense is entrap...
View Answer

Bank teller Ben receives $1,000 from a customer for deposit into the customer's bank account. Instead of placing the money into the customer's account, Ben puts it into his pocket. Which of the following offenses has he committed?

Correct Answer
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Correct Answer
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Which of the following is an example of the imposition of strict liability?

Correct Answer
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Ordinarily, to obtain an arrest warrant, a law enforcement agent must demonstrate that there is ________ that a suspect committed or is planning to commit a crime.

Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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Which of the following is punishable by imprisonment for more than one year or death?

Correct Answer
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Exam 5: Constitutional Law

Which of the following is an investment swindle in which high profits are promised from fictitious sources and early investors are paid off with funds raised from later investors?

Correct AnswerverifiedShow Answer

The primary purpose of criminal law is to compensate victims.

Correct AnswerverifiedShow Answer

Under the Sarbanes-Oxley Act of 2002, it is a felony for an auditor to willfully fail to maintain proper records of audits and work papers for at least ___________ years.

Correct AnswerverifiedShow Answer

Which of the following is true regarding the grand jury system?

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

Courts have defined a pattern of racketeering under RICO as more than __________ action[s].

Correct AnswerverifiedShow Answer

A judge reports that a jury was "hung". What does the judge mean?

Correct AnswerverifiedShow Answer

Which of the following is a federal law providing extended penalties for criminal acts performed as part of an ongoing criminal organization?

Correct AnswerverifiedShow Answer

A[n] _______________ 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.

Correct AnswerverifiedShow Answer

Correct AnswerverifiedBobby's best defense is entrap...View AnswerShow Answer

Bank teller Ben receives $1,000 from a customer for deposit into the customer's bank account. Instead of placing the money into the customer's account, Ben puts it into his pocket. Which of the following offenses has he committed?

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

Which of the following is an example of the imposition of strict liability?

Correct AnswerverifiedShow Answer

Ordinarily, to obtain an arrest warrant, a law enforcement agent must demonstrate that there is ________ that a suspect committed or is planning to commit a crime.

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

Which of the following is punishable by imprisonment for more than one year or death?

Correct AnswerverifiedShow Answer

Correct Answer
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Correct Answer
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Bobby's best defense is entrap...
View Answer

Correct Answer
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Correct Answer
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Correct Answer
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