Criminal Law and Cyber Crime

50 questions available

Summary unavailable.

Questions

Question 1

What is the primary distinction between the burden of proof required in a civil case versus a criminal case?

View answer and explanation
Question 2

Under the Model Penal Code's classification, a crime punishable by a maximum of ten years' imprisonment is considered what type of felony?

View answer and explanation
Question 3

What are the two essential elements that must exist for a person to be convicted of a crime?

View answer and explanation
Question 4

What is the primary difference between the property crimes of larceny and robbery?

View answer and explanation
Question 5

When a person entrusted with another's property fraudulently appropriates it, what specific white-collar crime has been committed?

View answer and explanation
Question 6

What is the maximum fine for an individual found guilty of violating the Racketeer Influenced and Corrupt Organizations Act (RICO)?

View answer and explanation
Question 7

Under what circumstance can a defendant successfully use the defense of mistake of fact?

View answer and explanation
Question 8

What is the exclusionary rule in criminal procedure?

View answer and explanation
Question 9

The landmark Supreme Court case of Miranda v. Arizona established that a suspect must be informed of which of the following rights before interrogation?

View answer and explanation
Question 10

What is the primary purpose of the 'responsible corporate officer doctrine'?

View answer and explanation
Question 11

What is the maximum penalty for a corporation that violates the Economic Espionage Act of 1996?

View answer and explanation
Question 12

The defense of duress can be used for most crimes, but which crime is specifically mentioned as an exception for which duress is not a defense?

View answer and explanation
Question 13

What is the primary characteristic of a 'public order crime'?

View answer and explanation
Question 14

What is the definition of a 'petty offense'?

View answer and explanation
Question 15

The defense of entrapment is designed to prevent law enforcement from doing what?

View answer and explanation
Question 16

What is the primary function of a grand jury in the criminal process?

View answer and explanation
Question 17

What is the term for a crime that involves the willful and malicious burning of a building?

View answer and explanation
Question 18

The Computer Fraud and Abuse Act (CFAA) establishes that a person who accesses a computer online without authority and takes classified, restricted, or protected data is subject to what?

View answer and explanation
Question 19

What is the defining characteristic of money laundering as a form of organized crime?

View answer and explanation
Question 20

What is the primary purpose of federal and state 'Stand-Your-Ground' laws?

View answer and explanation
Question 21

According to the text, what act by Congress in 2000 confirmed the constitutional basis of the Miranda rights?

View answer and explanation
Question 22

To establish a 'pattern of racketeering activity' under RICO, how many offenses must a person commit?

View answer and explanation
Question 23

What is the defining element of identity theft?

View answer and explanation
Question 24

The defense of insanity under the M'Naghten test requires the defendant to prove what?

View answer and explanation
Question 25

What is the penalty for a private individual who successfully sues a violator under the civil liability provisions of RICO?

View answer and explanation
Question 26

What is the legal term for a formal criminal charge issued by a government prosecutor?

View answer and explanation
Question 27

Historically, what was the primary purpose of arson laws?

View answer and explanation
Question 28

Which federal act made identity theft a federal crime?

View answer and explanation
Question 29

The Fifth Amendment protects against double jeopardy. What does this mean for a defendant found not guilty of a state crime?

View answer and explanation
Question 30

What is the 'public safety' exception to the Miranda rule?

View answer and explanation
Question 31

What is the legal term for the fraudulent making or altering of any writing that changes the legal rights and liabilities of another?

View answer and explanation
Question 32

What does it mean if evidence is considered 'fruit of the poisonous tree'?

View answer and explanation
Question 33

Historically, what was the common law rule regarding the criminal capacity of children under the age of seven?

View answer and explanation
Question 34

What is the term for hackers who strive to remain undetected so they can exploit computers for a serious impact, such as shutting down central computers?

View answer and explanation
Question 35

If a defendant is acquitted in a criminal trial, what prevents the state from trying them again for the same offense?

View answer and explanation
Question 36

Which federal act requires public schools and libraries to install filtering software to protect children from adult content?

View answer and explanation
Question 37

The defense of necessity is justifiable if the harm or evil sought to be avoided by the criminal conduct is what?

View answer and explanation
Question 38

What does a verdict of 'not guilty' in a criminal trial signify?

View answer and explanation
Question 39

If a person is granted immunity from prosecution, what happens to their Fifth Amendment privilege against self-incrimination?

View answer and explanation
Question 40

What type of arson involves burning a building for the purpose of collecting insurance?

View answer and explanation
Question 41

What is the key difference between criminal negligence and criminal recklessness?

View answer and explanation
Question 42

Which of the following is an example of a public order crime?

View answer and explanation
Question 43

Under the Supreme Court's 2005 ruling in United States v. Booker, what is the status of the Federal Sentencing Guidelines?

View answer and explanation
Question 44

What is the key element that must be proven for the defense of involuntary intoxication to be successful?

View answer and explanation
Question 45

Which of these is NOT one of the five broad categories of crime listed in the text?

View answer and explanation
Question 46

What is required for an act of omission to be considered a crime?

View answer and explanation
Question 47

In the case of United States v. Lyons, involving telemarketing for fraudulent charities, why was the prosecution allowed to introduce evidence of the high 80 percent commission rates?

View answer and explanation
Question 48

What does the defense of consent typically NOT apply to?

View answer and explanation
Question 49

The 'good faith' exception to the exclusionary rule would allow evidence to be admitted at trial if:

View answer and explanation
Question 50

What are the two elements of the crime under the Computer Fraud and Abuse Act (CFAA)?

View answer and explanation

Other chapters

Introduction to Law and Legal ReasoningCourts and Alternative Dispute ResolutionCourt ProceduresConstitutional Authority to Regulate BusinessNegligence and Strict LiabilityIntellectual Property and Internet LawNature and TerminologyAgreementConsiderationCapacity and LegalityMistakes, Fraud, and Voluntary ConsentThe Statute of Frauds—Writing RequirementThird Party RightsPerformance and DischargeBreach of Contract and RemediesE-Contracts and E-SignaturesThe Formation of Sales and Lease ContractsTitle, Risk, and Insurable InterestPerformance and Breach of Sales and Lease ContractsWarranties and Product LiabilityThe Function and Creation of Negotiable InstrumentsTransferability and Holder in Due CourseLiability, Defenses, and DischargeChecks and Banking in the Digital AgeCreditors' Rights and RemediesSecured TransactionsBankruptcy LawAgency Formation and DutiesLiability to Third Parties and TerminationEmployment and Labor LawEmployment DiscriminationSole Proprietorships and FranchisesPartnerships and Limited Liability PartnershipsLimited Liability Companies and Special Business FormsCORPORATIONS—Formation and FinancingCORPORATIONS—Directors, Officers, and ShareholdersCORPORATIONS—Merger, Consolidation, and TerminationCORPORATIONS—Securities Law and Corporate GovernanceLaw for Small BusinessesAdministrative LawConsumer LawEnvironmental LawAntitrust LawPersonal Property and BailmentsReal Property and Landlord-Tenant RelationshipsInsuranceWills and TrustsProfessional Liability and AccountabilityInternational Law in a Global Economy