The Legal Environment of Business 12th Edition by Roger E. Meiners Ringleb test bank

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The Legal Environment of Business 12th Edition by Roger E. Meiners Ringleb test bank

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Multiple Choice

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

ANSWER: b
POINTS: 1
DIFFICULTY: Easy
NATIONAL STANDARDS: United States BUSPROG: Communication
STATE STANDARDS: United States Universal DISC: AICPA: BB-Legal
TOPICS: A-Head: Crime
KEYWORDS: Blooms: Knowledge

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

ANSWER: e
POINTS: 1
DIFFICULTY: Easy
NATIONAL STANDARDS: United States BUSPROG: Communication
STATE STANDARDS: United States Universal DISC: AICPA: BB-Legal
TOPICS: A-Head: Crime
KEYWORDS: Blooms: Knowledge

3. A positive or negative act that is an offense against a state or federal government is a(n):
a. crime
b. stare decisis
c. offensive gesture d. offensive action e. illegal action

ANSWER: a
POINTS: 1
DIFFICULTY: Easy
NATIONAL STANDARDS: United States BUSPROG: Communication
STATE STANDARDS: United States Universal DISC: AICPA: BB-Legal
TOPICS: A-Head: Crime
KEYWORDS: Blooms: Knowledge

4. Criminal codes:
a. define the scope of offenses against the public b. define the scope of offenses against defendants c. define the scope of defenses against the public d. define the scope of offenses minors can commit
e. define the scope of defenses that may be used in court

ANSWER: a
POINTS: 1
DIFFICULTY: Easy
NATIONAL STANDARDS: United States BUSPROG: Communication
STATE STANDARDS: United States Universal DISC: AICPA: BB-Legal
TOPICS: A-Head: Crime
KEYWORDS: Blooms: Knowledge

5. Criminal codes:
a. define the scope of defenses that may be used in court b. define the scope of offenses against defendants
c. define the scope of defenses against the public d. define the scope of offenses minors can commit e. none of the other choices are correct

ANSWER: e
POINTS: 1
DIFFICULTY: Easy
NATIONAL STANDARDS: United States BUSPROG: Communication
STATE STANDARDS: United States Universal DISC: AICPA: BB-Legal
TOPICS: A-Head: Crime
KEYWORDS: Blooms: Knowledge

6. Criminal law is:
a. primarily made up of statutes passed by Congress and state legislatures b. primarily from common law
c. primarily from British law
d. primarily made up of statutes derived from International law e. primarily made up of laws adapted from civil law

ANSWER: a

7. Criminal law is:
a. primarily made up of laws adapted from civil law b. primarily from ancient Greek law
c. primarily from British law
d. primarily made up of statutes derived from International law e. none of the other choices are correct

ANSWER: e
POINTS: 1
DIFFICULTY: Easy
NATIONAL STANDARDS: United States BUSPROG: Communication
STATE STANDARDS: United States Universal DISC: AICPA: BB-Legal
TOPICS: A-Head: Crime
KEYWORDS: Blooms: Knowledge

8. Each state has both:
a. a criminal code and a friendly code
b. a federal criminal code and a state criminal code c. a civil code and a free code
d. a civil code and a law code
e. a federal criminal code and a county criminal code

ANSWER: b
POINTS: 1
DIFFICULTY: Easy
NATIONAL STANDARDS: United States BUSPROG: Communication
STATE STANDARDS: United States Universal DISC: AICPA: BB-Legal
TOPICS: A-Head: Crime
KEYWORDS: Blooms: Knowledge

9. Each state has both:
a. a criminal code and a nice code
b. a federal criminal code and a county criminal code c. a civil code and a free code
d. a civil code and a law code
e. none of the other choices are correct

ANSWER: e

10. Crimes and punishments are:
a. determined by statues passed by federal and state legislatures b. determined by statues passed by federal and state courts
c. determined by statues passed by federal and state judges d. determined by statues passed by state executives
e. determined by statues voted on by federal executives

ANSWER: a
POINTS: 1
DIFFICULTY: Easy
NATIONAL STANDARDS: United States BUSPROG: Communication
STATE STANDARDS: United States Universal DISC: AICPA: BB-Legal
TOPICS: A-Head: Crime
KEYWORDS: Blooms: Knowledge

11. Crimes and punishments are:
a. determined by statues voted on by federal executives
b. determined by statues passed by federal and state courts c. determined by statues passed by federal and state judges d. determined by statues passed by state executives
e. none of the other choices are correct

ANSWER: e
POINTS: 1
DIFFICULTY: Easy
NATIONAL STANDARDS: United States BUSPROG: Communication
STATE STANDARDS: United States Universal DISC: AICPA: BB-Legal
TOPICS: A-Head: Crime
KEYWORDS: Blooms: Knowledge

12. The determination of what are crimes and the kinds of punishments is limited by:
a. federal norms b. state norms
c. international protocols
d. federal and state constitutions e. federal and state officials

ANSWER: d

13. The determination of what are crimes and the kinds of punishments are is limited by:
a. federal norms b. state norms
c. international protocols
d. federal and state administrative rules e. none of the choices are correct

ANSWER: e
POINTS: 1
DIFFICULTY: Easy
NATIONAL STANDARDS: United States BUSPROG: Communication
STATE STANDARDS: United States Universal DISC: AICPA: BB-Legal
TOPICS: A-Head: Crime
KEYWORDS: Blooms: Knowledge

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

ANSWER: a
POINTS: 1
DIFFICULTY: Moderate
NATIONAL STANDARDS: United States BUSPROG: Analytic
STATE STANDARDS: United States Universal DISC: AICPA: BB-Legal
TOPICS: A-Head: Crime
KEYWORDS: Blooms: Analysis

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

ANSWER: e

16. In the United States, only can bring criminal charges. a. public institutions
b. private citizens c. the government
d. the Supreme Court e. private investigators

ANSWER: c
POINTS: 1
DIFFICULTY: Easy
NATIONAL STANDARDS: United States BUSPROG: Communication
STATE STANDARDS: United States Universal DISC: AICPA: BB-Legal
TOPICS: A-Head: Crime
KEYWORDS: Blooms: Knowledge

17. In the United States, only can bring criminal charges. a. public institutions
b. private citizens
c. private investigators d. the Supreme Court
e. none of the other choices are correct

ANSWER: e
POINTS: 1
DIFFICULTY: Easy
NATIONAL STANDARDS: United States BUSPROG: Communication
STATE STANDARDS: United States Universal DISC: AICPA: BB-Legal
TOPICS: A-Head: Crime
KEYWORDS: Blooms: Knowledge

18. Unlike in the United States, in Britain:
a. private individuals cannot bring criminal charges against others b. private individuals can bring criminal charges against others
c. no one can bring criminal charges against others d. minors cannot be tried in court
e. none of the other choices are correct

ANSWER: b

19. Unlike in the United States, in Britain:
a. private individuals cannot bring criminal charges against others b. private corporations can bring civil charges against others
c. no one can bring criminal charges against others d. minors cannot be tried in court
e. none of the other choices are correct

ANSWER: e
POINTS: 1
DIFFICULTY: Easy
NATIONAL STANDARDS: United States BUSPROG: Communication
STATE STANDARDS: United States Universal DISC: AICPA: BB-Legal
TOPICS: A-Head: Crime
KEYWORDS: Blooms: Knowledge

20. Which of the following can be a consequence of committing a crime:
a. being removed from public office
b. being disqualified from holding office
c. being disqualified from owning a firearm
d. being disqualified from voting in public elections e. all of the other choices are correct

ANSWER: e
POINTS: 1
DIFFICULTY: Moderate
NATIONAL STANDARDS: United States BUSPROG: Analytic
STATE STANDARDS: United States Universal DISC: AICPA: BB-Legal
TOPICS: A-Head: Crime
KEYWORDS: Blooms: Analysis

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

ANSWER: a

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

ANSWER: e
POINTS: 1
DIFFICULTY: Easy
NATIONAL STANDARDS: United States BUSPROG: Communication
STATE STANDARDS: United States Universal DISC: AICPA: BB-Legal
TOPICS: A-Head: Crime Categories
KEYWORDS: Blooms: Knowledge

23. A serious crime is a:
a. felony
b. misdemeanor c. stare decisis d. tort
e. bankruptcy

ANSWER: a
POINTS: 1
DIFFICULTY: Easy
NATIONAL STANDARDS: United States BUSPROG: Communication
STATE STANDARDS: United States Universal DISC: AICPA: BB-Legal
TOPICS: A-Head: Crime Categories
KEYWORDS: Blooms: Knowledge

24. A serious crime is a:
a. bankruptcy
b. misdemeanor c. stare decisis d. tort
e. none of the other choices are correct

ANSWER: e

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

ANSWER: e
POINTS: 1
DIFFICULTY: Easy
NATIONAL STANDARDS: United States BUSPROG: Communication
STATE STANDARDS: United States Universal DISC: AICPA: BB-Legal
TOPICS: A-Head: Crime Categories
KEYWORDS: Blooms: Knowledge

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

ANSWER: e
POINTS: 1
DIFFICULTY: Easy
NATIONAL STANDARDS: United States BUSPROG: Communication
STATE STANDARDS: United States Universal DISC: AICPA: BB-Legal
TOPICS: A-Head: Crime Categories
KEYWORDS: Blooms: Knowledge

27. A crime that is punishable by less than a year in prison is a(n):
a. misdemeanor b. felony
c. assault d. tort
e. none of the other specific choices are correct

ANSWER: a

28. Another term for misdemeanor is:
a. small crime b. civil crime c. penal crime
d. petty offense e. petty crime

ANSWER: d
POINTS: 1
DIFFICULTY: Easy
NATIONAL STANDARDS: United States BUSPROG: Communication
STATE STANDARDS: United States Universal DISC: AICPA: BB-Legal
TOPICS: A-Head: Crime Categories
KEYWORDS: Blooms: Knowledge

29. Another term for misdemeanor is:
a. small crime b. civil crime c. penal crime
d. petty misdemeanor
e. none of the other specific choices are correct

ANSWER: e
POINTS: 1
DIFFICULTY: Easy
NATIONAL STANDARDS: United States BUSPROG: Communication
STATE STANDARDS: United States Universal DISC: AICPA: BB-Legal
TOPICS: A-Head: Crime Categories
KEYWORDS: Blooms: Knowledge

30. Which of the following would not be likely to be considered to be a violent crime:
a. assault b. robbery c. murder d. burglary
e. all of the other choices are classified as violent felonies

ANSWER: d

31. Which of the following would not be likely to be considered to be a violent crime:
a. assault b. robbery c. murder d. rape
e. all of the other choices are classified as violent felonies

ANSWER: e
POINTS: 1
DIFFICULTY: Moderate
NATIONAL STANDARDS: United States BUSPROG: Analytic
STATE STANDARDS: United States Universal DISC: AICPA: BB-Legal
TOPICS: A-Head: Crime Categories
KEYWORDS: Blooms: Analysis

32. Misdemeanors, by definition, may:
a. result in jail time
b. result only in a fine
c. be classified as a Class C felony
d. not involve harm to persons, only to property e. none of the other choices

ANSWER: a
POINTS: 1
DIFFICULTY: Easy
NATIONAL STANDARDS: United States BUSPROG: Communication
STATE STANDARDS: United States Universal DISC: AICPA: BB-Legal
TOPICS: A-Head: Crime Categories
KEYWORDS: Blooms: Knowledge

33. Misdemeanors, by definition, may:
a. only be defined by federal legislation b. result only in a fine
c. be classified as a Class C felony
d. not involve harm to persons, only to property e. none of the other choices

ANSWER: e

34. In a victimless crime:
a. no other party is injured
b. only one other party is injured
c. there are no fatalities, but there can be injuries d. there are no minors involved
e. none of the other specific choices are correct

ANSWER: a
POINTS: 1
DIFFICULTY: Easy
NATIONAL STANDARDS: United States BUSPROG: Communication
STATE STANDARDS: United States Universal DISC: AICPA: BB-Legal
TOPICS: A-Head: Crime Categories
KEYWORDS: Blooms: Knowledge

35. In a victimless crime:
a. there are no illegal drugs involved b. only one other party is injured
c. there are no fatalities, but there can be injuries d. there are no minors involved
e. none of the other specific choices are correct

ANSWER: e
POINTS: 1
DIFFICULTY: Easy
NATIONAL STANDARDS: United States BUSPROG: Communication
STATE STANDARDS: United States Universal DISC: AICPA: BB-Legal
TOPICS: A-Head: Crime Categories
KEYWORDS: Blooms: Knowledge

36. Illegal drug possession is an example of what is often called:
a. legal activity
b. a violent crime
c. a victimless crime
d. a minor misdemeanor e. a civil code violation

ANSWER: c

37. Victimless crimes can be:
a. felonies or misdemeanors b. only felonies
c. only misdemeanors
d. tried in special courts
e. none of the other specific choices are correct

ANSWER: a
POINTS: 1
DIFFICULTY: Easy
NATIONAL STANDARDS: United States BUSPROG: Communication
STATE STANDARDS: United States Universal DISC: AICPA: BB-Legal
TOPICS: A-Head: Crime Categories
KEYWORDS: Blooms: Knowledge

38. Victimless crimes cannot be:
a. felonies
b. misdemeanors c. tried in court
d. tried by the Supreme Court
e. none of the other specific choices are correct

ANSWER: e
POINTS: 1
DIFFICULTY: Easy
NATIONAL STANDARDS: United States BUSPROG: Communication
STATE STANDARDS: United States Universal DISC: AICPA: BB-Legal
TOPICS: A-Head: Crime Categories
KEYWORDS: Blooms: Knowledge

39. The classification of felonies:
a. makes them easier to remember
b. indicates the severity of the criminal charge c. is a remnant of the British system
d. is a remnant of the colonial system
e. is specified in the Declaration of Independence

ANSWER: b

40. First degree murder is:
a. a misdemeanor
b. less serious than second degree murder c. more serious than second degree murder d. spontaneous
e. punishable only by a fine

ANSWER: c
POINTS: 1
DIFFICULTY: Easy
NATIONAL STANDARDS: United States BUSPROG: Communication
STATE STANDARDS: United States Universal DISC: AICPA: BB-Legal
TOPICS: A-Head: Crime Categories
KEYWORDS: Blooms: Knowledge

41. Second degree murder is:
a. a misdemeanor
b. less serious than first degree murder c. more serious than first degree murder d. spontaneous
e. punishable only by a fine

ANSWER: b
POINTS: 1
DIFFICULTY: Easy
NATIONAL STANDARDS: United States BUSPROG: Communication
STATE STANDARDS: United States Universal DISC: AICPA: BB-Legal
TOPICS: A-Head: Crime Categories
KEYWORDS: Blooms: Knowledge

42. A violent crime is:
a. one in which physical force is used
b. one in which no physical force is used c. one in which no other party is harmed d. one in which no minors are involved
e. none of the other choices are correct

ANSWER: a

43. A violent crime is:
a. one in which a private citizen bring charges against the government b. one in which no physical force is used
c. one in which no other party is harmed d. one in which no minors are involved
e. none of the other choices are correct

ANSWER: e
POINTS: 1
DIFFICULTY: Easy
NATIONAL STANDARDS: United States BUSPROG: Communication
STATE STANDARDS: United States Universal DISC: AICPA: BB-Legal
TOPICS: A-Head: Crime Categories
KEYWORDS: Blooms: Knowledge

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

ANSWER: c
POINTS: 1
DIFFICULTY: Easy
NATIONAL STANDARDS: United States BUSPROG: Communication
STATE STANDARDS: United States Universal DISC: AICPA: BB-Legal
TOPICS: A-Head: Crime Categories
KEYWORDS: Blooms: Knowledge

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

46. Rules governing such matters as building regulations and zoning are called:
a. federal administrative rules b. federal statutes
c. misdemeanors
d. local ordinances
e. none of the other choices

ANSWER: d
POINTS: 1
DIFFICULTY: Easy
NATIONAL STANDARDS: United States BUSPROG: Communication
STATE STANDARDS: United States Universal DISC: AICPA: BB-Legal
TOPICS: A-Head: Crime Categories
KEYWORDS: Blooms: Knowledge

47. Criminal offenses are defined by:
a. governors or the president b. legislatures
c. courts of appeal or supreme courts d. magistrates
e. all of the other choices may make such decisions

ANSWER: b
POINTS: 1
DIFFICULTY: Easy
NATIONAL STANDARDS: United States BUSPROG: Communication
STATE STANDARDS: United States Universal DISC: AICPA: BB-Legal
TOPICS: A-Head: Crime and Elements of Crime
KEYWORDS: Blooms: Knowledge

48. Criminal offenses are defined by:
a. governors or the president b. police departments
c. courts of appeal or supreme courts d. magistrates
e. none of the other choices are very good

49. Which of the following is an example of a white-collar crime:
a. embezzlement b. bribery
c. fraud
d. violation of securities law
e. all of the other specific choices are correct

ANSWER: e
POINTS: 1
DIFFICULTY: Easy
NATIONAL STANDARDS: United States BUSPROG: Communication
STATE STANDARDS: United States Universal DISC: AICPA: BB-Legal
TOPICS: A-Head: Crime and Elements of Crime
KEYWORDS: Blooms: Knowledge

50. After receiving reports from the police or other investigators prosecutors:
a. decide whether or not to bring charges b. decide who is guilty
c. decide how much the guilty party should be fined d. decide who will represent the plaintiff
e. none of the other choices are correct

ANSWER: a
POINTS: 1
DIFFICULTY: Moderate
NATIONAL STANDARDS: United States BUSPROG: Analytic
STATE STANDARDS: United States Universal DISC: AICPA: BB-Legal
TOPICS: A-Head: Crime and Elements of Crime
KEYWORDS: Blooms: Analysis

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

ANSWER: a

52. For a criminal conviction, it must be shown that the accused was found to have:
a. actus rea
b. res ipsa loquitor c. mens rea
d. intentional negligence e. demurrer

ANSWER: c
POINTS: 1
DIFFICULTY: Moderate
NATIONAL STANDARDS: United States BUSPROG: Analytic
STATE STANDARDS: United States Universal DISC: AICPA: BB-Legal
TOPICS: A-Head: Crime and Elements of Crime
KEYWORDS: Blooms: Analysis

53. For a criminal conviction, it must be shown that the accused was found to have:
a. actus rea
b. res ipsa loquitor c. demurrer
d. intentional negligence
e. none of the other choices

ANSWER: e
POINTS: 1
DIFFICULTY: Easy
NATIONAL STANDARDS: United States BUSPROG: Communication
STATE STANDARDS: United States Universal DISC: AICPA: BB-Legal
TOPICS: A-Head: Crime and Elements of Crime
KEYWORDS: Blooms: Knowledge

54. When one commits a criminal act, that wrongful deed is:
a. mens rea
b. intentional negligence c. res ipsa loquitor
d. actus reus
e. none of the other choices

ANSWER: d

55. When one commits a criminal act, that wrongful deed is:
a. mens rea
b. intentional negligence c. res ipsa loquitor
d. demurrer
e. none of the other choices

ANSWER: e
POINTS: 1
DIFFICULTY: Easy
NATIONAL STANDARDS: United States BUSPROG: Communication
STATE STANDARDS: United States Universal DISC: AICPA: BB-Legal
TOPICS: A-Head: Crime and Elements of Crime
KEYWORDS: Blooms: Knowledge

56. An actus reus is: a. a wrongful deed b. a nice deed
c. an active deed d. a civil crime
e. a civil violation

ANSWER: a
POINTS: 1
DIFFICULTY: Easy
NATIONAL STANDARDS: United States BUSPROG: Communication
STATE STANDARDS: United States Universal DISC: AICPA: BB-Legal
TOPICS: A-Head: Crime and Elements of Crime
KEYWORDS: Blooms: Knowledge

57. An actus reus is: a. a civil violation b. a nice deed
c. an active deed d. a civil crime
e. none of the other choices are correct

ANSWER: e

58. Mens rea is:
a. criminal intent b. criminal guilt c. final judgment
d. thoughtful crime
e. none of the other choices are correct

ANSWER: a
POINTS: 1
DIFFICULTY: Easy
NATIONAL STANDARDS: United States BUSPROG: Communication
STATE STANDARDS: United States Universal DISC: AICPA: BB-Legal
TOPICS: A-Head: Crime and Elements of Crime
KEYWORDS: Blooms: Knowledge

59. Mens rea is:
a. criminal reason b. criminal guilt
c. final judgment
d. thoughtful crime
e. none of the other choices are correct

ANSWER: e
POINTS: 1
DIFFICULTY: Easy
NATIONAL STANDARDS: United States BUSPROG: Communication
STATE STANDARDS: United States Universal DISC: AICPA: BB-Legal
TOPICS: A-Head: Crime and Elements of Crime
KEYWORDS: Blooms: Knowledge

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:
a. the accused will be convicted of the crime
b. the accused might be convicted of the crime c. the plaintiff will lose the case
d. the case may go to trial
e. the accused will not get a lawyer

ANSWER: a
POINTS: 1
DIFFICULTY: Moderate
NATIONAL STANDARDS: United States BUSPROG: Analytic
STATE STANDARDS: United States Universal DISC: AICPA: BB-Legal
TOPICS: A-Head: Crime and Elements of Crime
KEYWORDS: Blooms: Analysis

61. Criminal acts:
a. need not be planned
b. must be premeditated
c. must be tried within a month of being committed d. must be tried by at least 5 judges
e. need not be illegal

ANSWER: a
POINTS: 1
DIFFICULTY: Moderate
NATIONAL STANDARDS: United States BUSPROG: Analytic
STATE STANDARDS: United States Universal DISC: AICPA: BB-Legal
TOPICS: A-Head: Crime and Elements of Crime
KEYWORDS: Blooms: Analysis

62. What is defined as a degree of careless amounting to a culpable disregard of rights and safety of others:
a. felony
b. criminal negligence c. misdemeanor
d. ordinance violation
e. none of the other choices

ANSWER: b
POINTS: 1
DIFFICULTY: Moderate
NATIONAL STANDARDS: United States BUSPROG: Analytic
STATE STANDARDS: United States Universal DISC: AICPA: BB-Legal
TOPICS: A-Head: Crime and Elements of Crime
KEYWORDS: Blooms: Analysis

63. What is defined as a degree of careless amounting to a culpable disregard of rights and safety of others:
a. felony
b. Class B acts c. misdemeanor
d. ordinance violation

64. Which of the following is correct:
a. criminal acts must be planned
b. criminal conduct must be intentional
c. criminal conduct may arise from carelessness d. criminal conduct must involve actus rea
e. none of the other choices

ANSWER: c
POINTS: 1
DIFFICULTY: Moderate
NATIONAL STANDARDS: United States BUSPROG: Analytic
STATE STANDARDS: United States Universal DISC: AICPA: BB-Legal
TOPICS: A-Head: Crime and Elements of Crime
KEYWORDS: Blooms: Analysis

65. Which of the following is correct:
a. criminal acts must be planned
b. criminal conduct must be intentional
c. criminal conduct cannot involve drunkenness d. criminal conduct must involve actus rea
e. none of the other choices

ANSWER: e
POINTS: 1
DIFFICULTY: Moderate
NATIONAL STANDARDS: United States BUSPROG: Analytic
STATE STANDARDS: United States Universal DISC: AICPA: BB-Legal
TOPICS: A-Head: Crime and Elements of Crime
KEYWORDS: Blooms: Analysis

66. If someone is very drunk and then, only because of their drunkenness, causes a fatal accident:
a. there can be no crime because there was no willful consent b. there can be no crime because there was no mens rea
c. there can be no crime because there was no culpable disregard for the rights of others d. there can be a crime because there was criminal negligence

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:
a. a corporation should be charge, rather than its agents b. a corporation cannot act through its agents
c. a corporation can only act though its agents
d. a corporation cannot be held liable for the actions of its agents e. none of the other choices are correct

ANSWER: c
POINTS: 1
DIFFICULTY: Moderate
NATIONAL STANDARDS: United States BUSPROG: Analytic
STATE STANDARDS: United States Universal DISC: AICPA: BB-Legal
TOPICS: A-Head: Crime and Elements of Crime
KEYWORDS: Blooms: Analysis

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:
a. a corporation may be criminally liable for violation of a traffic statute
b. a corporation may not be criminally liable for violation of a traffic statute c. an individual may not be criminally liable for violation of a traffic statute d. an individual may not be civilly liable for a violation of a traffic statute
e. none of the other choices are correct

ANSWER: a
POINTS: 1
DIFFICULTY: Moderate
NATIONAL STANDARDS: United States BUSPROG: Analytic
STATE STANDARDS: United States Universal DISC: AICPA: BB-Legal
TOPICS: A-Head: Crime and Elements of Crime
KEYWORDS: Blooms: Analysis

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

ANSWER: d
POINTS: 1
DIFFICULTY: Moderate
NATIONAL STANDARDS: United States BUSPROG: Analytic
STATE STANDARDS: United States Universal DISC: AICPA: BB-Legal
TOPICS: A-Head: Crime and Elements of Crime
KEYWORDS: Blooms: Analysis

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

ANSWER: c
POINTS: 1
DIFFICULTY: Moderate
NATIONAL STANDARDS: United States BUSPROG: Analytic
STATE STANDARDS: United States Universal DISC: AICPA: BB-Legal
TOPICS: A-Head: Crime and Elements of Crime
KEYWORDS: Blooms: Analysis

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

ANSWER: c
POINTS: 1
DIFFICULTY: Moderate
NATIONAL STANDARDS: United States BUSPROG: Analytic
STATE STANDARDS: United States Universal DISC: AICPA: BB-Legal
TOPICS: A-Head: Crime and Elements of Crime
KEYWORDS: Blooms: Analysis

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

ANSWER: b
POINTS: 1
DIFFICULTY: Moderate
NATIONAL STANDARDS: United States BUSPROG: Analytic
STATE STANDARDS: United States Universal DISC: AICPA: BB-Legal
TOPICS: A-Head: Crime and Elements of Crime
KEYWORDS: Blooms: Analysis

73. If the government does not prosecute a criminal suspect the right to do so may be eliminated by:
a. the loss of evidence b. res ipsa loquitor
c. loss of probable cause d. statute of limitations
e. none of the other choices

ANSWER: d
POINTS: 1
DIFFICULTY: Easy
NATIONAL STANDARDS: United States BUSPROG: Communication
STATE STANDARDS: United States Universal DISC: AICPA: BB-Legal
TOPICS: A-Head: Defenses
KEYWORDS: Blooms: Knowledge

74. If a crime is not prosecuted within the time set by the , then the state loses the right to bring suit:
a. statute of limitations
b. statute of limited time c. statute of dissipation d. statute of prosecution
e. none of the other specific choices is correct

ANSWER: a

75. If a crime is not prosecuted within the time set by the , then the state loses the right to bring suit:
a. statute of probable cause b. statute of limited time
c. statute of dissipation d. statute of prosecution
e. none of the other specific choices is correct

ANSWER: e
POINTS: 1
DIFFICULTY: Easy
NATIONAL STANDARDS: United States BUSPROG: Communication
STATE STANDARDS: United States Universal DISC: AICPA: BB-Legal
TOPICS: A-Head: Defenses
KEYWORDS: Blooms: Knowledge

76. The statute of limitations:
a. varies with time b. varies by crime c. varies by county d. varies by state
e. varies by district

ANSWER: b
POINTS: 1
DIFFICULTY: Easy
NATIONAL STANDARDS: United States BUSPROG: Communication
STATE STANDARDS: United States Universal DISC: AICPA: BB-Legal
TOPICS: A-Head: Defenses
KEYWORDS: Blooms: Knowledge

77. The statute of limitations:
a. varies with time b. varies by district c. varies by county d. varies by state
e. none of the other specific choices are correct

ANSWER: e

78. The statute of limitations for unsolved murders:
a. may never end
b. ends after 5 years by federal law c. ends after 10 years by federal law d. ends after 15 years by federal law
e. none of the other choices are correct

ANSWER: a
POINTS: 1
DIFFICULTY: Easy
NATIONAL STANDARDS: United States BUSPROG: Communication
STATE STANDARDS: United States Universal DISC: AICPA: BB-Legal
TOPICS: A-Head: Defenses
KEYWORDS: Blooms: Knowledge

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:
a. dissipated b. tolled
c. departed d. negated
e. none of the other choices

ANSWER: b
POINTS: 1
DIFFICULTY: Easy
NATIONAL STANDARDS: United States BUSPROG: Communication
STATE STANDARDS: United States Universal DISC: AICPA: BB-Legal
TOPICS: A-Head: Defenses
KEYWORDS: Blooms: Knowledge

80. Defenses of insanity and intoxication in criminal cases:
a. are rarely successful
b. apply to about twenty percent of cases c. are not allowed in Class A felony cases d. are not allowed in misdemeanor cases
e. none of the other choices

ANSWER: a

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

ANSWER: b
POINTS: 1
DIFFICULTY: Easy
NATIONAL STANDARDS: United States BUSPROG: Communication
STATE STANDARDS: United States Universal DISC: AICPA: BB-Legal
TOPICS: A-Head: Defenses
KEYWORDS: Blooms: Knowledge

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):
a. Miranda right
b. exclusionary rule c. alibi
d. defensive defense
e. none of the other choices are correct

ANSWER: c
POINTS: 1
DIFFICULTY: Easy
NATIONAL STANDARDS: United States BUSPROG: Communication
STATE STANDARDS: United States Universal DISC: AICPA: BB-Legal
TOPICS: A-Head: Defenses
KEYWORDS: Blooms: Knowledge

83. An alibi is an example of a(n):
a. Miranda right
b. defensive defense c. affirmative defense d. entrapment
e. exclusionary rule

ANSWER: c
POINTS: 1
DIFFICULTY: Easy
NATIONAL STANDARDS: United States BUSPROG: Communication
STATE STANDARDS: United States Universal DISC: AICPA: BB-Legal
TOPICS: A-Head: Defenses
KEYWORDS: Blooms: Knowledge

84. Defenses of insanity and intoxication in criminal cases:
a. apply to about ten percent of cases
b. apply to about twenty percent of cases c. are not allowed in Class A felony cases d. are not allowed in misdemeanor cases
e. none of the other choices

ANSWER: e
POINTS: 1
DIFFICULTY: Easy
NATIONAL STANDARDS: United States BUSPROG: Communication
STATE STANDARDS: United States Universal DISC: AICPA: BB-Legal
TOPICS: A-Head: Defenses
KEYWORDS: Blooms: Knowledge

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:
a. allowed to be referred to but not presented directly b. allowed only if probable cause is first established
c. dropped under the exclusionary rule
d. irrelevant since there can be no trial if there was an improper search e. none of the other choices

ANSWER: c
POINTS: 1
DIFFICULTY: Easy
NATIONAL STANDARDS: United States BUSPROG: Communication
STATE STANDARDS: United States Universal DISC: AICPA: BB-Legal
TOPICS: A-Head: Defenses
KEYWORDS: Blooms: Knowledge

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:
a. allowed to be referred to but not presented directly b. allowed only if probable cause is first established
c. allowed if found to be critical to justice
d. irrelevant since there can be no trial if there was an improper search e. none of the other choices

ANSWER: e
POINTS: 1
DIFFICULTY: Easy
NATIONAL STANDARDS: United States BUSPROG: Communication
STATE STANDARDS: United States Universal DISC: AICPA: BB-Legal
TOPICS: A-Head: Defenses
KEYWORDS: Blooms: Knowledge

87. If the chain of custody is broken when gathering evidence for a criminal case:
a. the evidence is excluded
b. the evidence is kept under special consideration c. the evidence is more powerful
d. the evidence is less useful to the prosecution e. the evidence is less useful to the defendant

ANSWER: a
POINTS: 1
DIFFICULTY: Easy
NATIONAL STANDARDS: United States BUSPROG: Communication
STATE STANDARDS: United States Universal DISC: AICPA: BB-Legal
TOPICS: A-Head: Defenses
KEYWORDS: Blooms: Knowledge

88. Unjust searches are violations of:
a. privacy interests
b. the First Amendment
c. the Second Amendment d. property interests
e. monetary interests

ANSWER: a
POINTS: 1
DIFFICULTY: Easy
NATIONAL STANDARDS: United States BUSPROG: Communication
STATE STANDARDS: United States Universal DISC: AICPA: BB-Legal
TOPICS: A-Head: Defenses
KEYWORDS: Blooms: Knowledge

89. Unjust searches are unlawful because they are violations of:
a. privacy interests
b. the First Amendment
c. the Second Amendment d. property interests
e. monetary interests

ANSWER: a
POINTS: 1
DIFFICULTY: Easy
NATIONAL STANDARDS: United States BUSPROG: Communication
STATE STANDARDS: United States Universal DISC: AICPA: BB-Legal
TOPICS: A-Head: Defenses
KEYWORDS: Blooms: Knowledge

90. Under the exclusionary rule:
a. improperly gathered evidence may not be used at trial b. properly gathered evidence is categorized by type
c. improperly gathered evidence is permitted if it is crucial to the case
d. improperly gathered evidence is permitted only under special circumstances e. none of the other choices are correct

ANSWER: a
POINTS: 1
DIFFICULTY: Easy
NATIONAL STANDARDS: United States BUSPROG: Communication
STATE STANDARDS: United States Universal DISC: AICPA: BB-Legal
TOPICS: A-Head: Defenses
KEYWORDS: Blooms: Knowledge

91. Under the exclusionary rule:
a. improperly gathered evidence must be gathered again with proper techniques b. properly gathered evidence is categorized by type
c. improperly gathered evidence is permitted if it is crucial to the case
d. improperly gathered evidence is permitted only under special circumstances e. none of the other choices are correct

ANSWER: e
POINTS: 1
DIFFICULTY: Easy
NATIONAL STANDARDS: United States BUSPROG: Communication
STATE STANDARDS: United States Universal DISC: AICPA: BB-Legal
TOPICS: A-Head: Defenses
KEYWORDS: Blooms: Knowledge

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

ANSWER: b
POINTS: 1
DIFFICULTY: Moderate
NATIONAL STANDARDS: United States BUSPROG: Analytic
STATE STANDARDS: United States Universal DISC: AICPA: BB-Legal
TOPICS: A-Head: Defenses
KEYWORDS: Blooms: Analysis

93. Probable cause is:
a. necessary to obtain a warrant
b. not necessary to obtain a warrant c. important for the defense
d. cause for exclusion
e. none of the other choices are correct

ANSWER: a
POINTS: 1
DIFFICULTY: Easy
NATIONAL STANDARDS: United States BUSPROG: Communication
STATE STANDARDS: United States Universal DISC: AICPA: BB-Legal
TOPICS: A-Head: Defenses
KEYWORDS: Blooms: Knowledge

94. In U.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:
a. the conviction was overturned because there was no warrant to x-ray the packages
b. the conviction was overturned because Federal Express violated customer privacy rights
c. the conviction was upheld because the severity of the crime outweighed the usual requirement to obtain a warrant
d. the conviction was upheld because there was no need for a warrant e. none of the other choices

ANSWER: d
POINTS: 1
DIFFICULTY: Moderate
NATIONAL STANDARDS: United States BUSPROG: Analytic
STATE STANDARDS: United States Universal DISC: AICPA: BB-Legal
TOPICS: A-Head: Defenses
KEYWORDS: Blooms: Analysis

95. In U.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:
a. the conviction was overturned because there was no warrant to x-ray the packages
b. the conviction was overturned because Federal Express violated customer privacy rights
c. the conviction was upheld because the severity of the crime outweighed the usual requirement to obtain a warrant
d. the conviction was upheld because Young admitted to wrongdoing despite the improper search e. none of the other choices

ANSWER: e
POINTS: 1
DIFFICULTY: Moderate
NATIONAL STANDARDS: United States BUSPROG: Analytic
STATE STANDARDS: United States Universal DISC: AICPA: BB-Legal
TOPICS: A-Head: Defenses
KEYWORDS: Blooms: Analysis

96. In U.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:
a. there was no need for a warrant because Young assumed the risk that Federal Express might consent to a search
b. there was a need for a warrant because Young assumed the risk that Federal Express might consent to a search
c. there was no need for a warrant because Young did not assume the risk that Federal Express might consent to a search
d. there was a need for a warrant because Young did not assume the risk that Federal Express might consent to a search
e. none of the other choice are correct

ANSWER: a
POINTS: 1
DIFFICULTY: Moderate
NATIONAL STANDARDS: United States BUSPROG: Analytic
STATE STANDARDS: United States Universal DISC: AICPA: BB-Legal
TOPICS: A-Head: Defenses
KEYWORDS: Blooms: Analysis

97. You are arrested by the police, who suspect you of a crime:
a. the police decide if you will be charged with a crime
b. a government prosecutor will decide if you will be charged with a crime c. a judge will decide if you will be charged with a crime
d. the police review board decide if you will be charged with a crime e. none of the other choices

ANSWER: b
POINTS: 1
DIFFICULTY: Moderate
NATIONAL STANDARDS: United States BUSPROG: Analytic
STATE STANDARDS: United States Universal DISC: AICPA: BB-Legal
TOPICS: A-Head: Prosecution Process
KEYWORDS: Blooms: Analysis

98. You are arrested by the police, who suspect you of armed robbery:
a. the police decide if you will be charged with a crime
b. the attorney general will decide if you will be charged with a crime c. a judge will decide if you will be charged with a crime
d. the police review board decide if you will be charged with a crime e. none of the other choices

ANSWER: e
POINTS: 1
DIFFICULTY: Moderate
NATIONAL STANDARDS: United States BUSPROG: Analytic
STATE STANDARDS: United States Universal DISC: AICPA: BB-Legal
TOPICS: A-Head: Prosecution Process
KEYWORDS: Blooms: Analysis

99. In cases where a person is charged with a felony:
a. there must be a grand jury indictment
b. there must be a grand jury indictment only if it is a federal case c. there must be a grand jury indictment only if it is a state case
d. there need not be a grand jury indictment, but could be one e. none of the other choices

ANSWER: d
POINTS: 1
DIFFICULTY: Moderate
NATIONAL STANDARDS: United States BUSPROG: Analytic
STATE STANDARDS: United States Universal DISC: AICPA: BB-Legal
TOPICS: A-Head: Prosecution Process
KEYWORDS: Blooms: Analysis

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

ANSWER: e
POINTS: 1
DIFFICULTY: Moderate
NATIONAL STANDARDS: United States BUSPROG: Analytic
STATE STANDARDS: United States Universal DISC: AICPA: BB-Legal
TOPICS: A-Head: Prosecution Process
KEYWORDS: Blooms: Analysis

101. A grand jury:
a. reviews potential felony cases b. reviews past felony cases
c. reviews potential civil cases d. reviews past civil cases
e. none of the other choices are correct

ANSWER: a
POINTS: 1
DIFFICULTY: Easy
NATIONAL STANDARDS: United States BUSPROG: Communication
STATE STANDARDS: United States Universal DISC: AICPA: BB-Legal
TOPICS: A-Head: Prosecution Process
KEYWORDS: Blooms: Knowledge

102. A grand jury:
a. determines probably cause b. reviews past felony cases c. determines guilt
d. determines how long the trial will take e. none of the other choices are correct

ANSWER: a
POINTS: 1
DIFFICULTY: Easy
NATIONAL STANDARDS: United States BUSPROG: Communication
STATE STANDARDS: United States Universal DISC: AICPA: BB-Legal
TOPICS: A-Head: Prosecution Process
KEYWORDS: Blooms: Knowledge

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:
a. an indictment
b. a Miranda rights c. an arraignment
d. a nolo contendere e. a pleading

ANSWER: c
POINTS: 1
DIFFICULTY: Easy
NATIONAL STANDARDS: United States BUSPROG: Communication
STATE STANDARDS: United States Universal DISC: AICPA: BB-Legal
TOPICS: A-Head: Prosecution Process
KEYWORDS: Blooms: Knowledge

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:
a. an indictment
b. a Miranda rights c. a pleading
d. a nolo contendere
e. none of the other choices

ANSWER: e
POINTS: 1
DIFFICULTY: Easy
NATIONAL STANDARDS: United States BUSPROG: Communication
STATE STANDARDS: United States Universal DISC: AICPA: BB-Legal
TOPICS: A-Head: Prosecution Process
KEYWORDS: Blooms: Knowledge

105. The initial court appearance for a person accused of a crime during which the government attorney presents the criminal charges is called:
a. nolo contendere b. an appearance c. an arraignment d. a demurrer
e. an indictment

ANSWER: c
POINTS: 1
DIFFICULTY: Easy
NATIONAL STANDARDS: United States BUSPROG: Communication
STATE STANDARDS: United States Universal DISC: AICPA: BB-Legal
TOPICS: A-Head: Prosecution Process
KEYWORDS: Blooms: Knowledge

106. The initial court appearance for a person accused of a crime during which the government attorney presents the criminal charges is called:
a. nolo contendere b. an appearance c. an indictment
d. a demurrer
e. none of the other choices are correct

ANSWER: e
POINTS: 1
DIFFICULTY: Easy
NATIONAL STANDARDS: United States BUSPROG: Communication
STATE STANDARDS: United States Universal DISC: AICPA: BB-Legal
TOPICS: A-Head: Prosecution Process
KEYWORDS: Blooms: Knowledge

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:
a. guilty
b. nolo contendere c. not guilty
d. demurrer
e. all of the other choices are possible pleas

ANSWER: d
POINTS: 1
DIFFICULTY: Easy
NATIONAL STANDARDS: United States BUSPROG: Communication
STATE STANDARDS: United States Universal DISC: AICPA: BB-Legal
TOPICS: A-Head: Prosecution Process
KEYWORDS: Blooms: Knowledge

108. Nolo contendere means:
a. no contest b. guilty
c. innocent d. contested
e. none of the other choices are correct

ANSWER: a
POINTS: 1
DIFFICULTY: Easy
NATIONAL STANDARDS: United States BUSPROG: Communication
STATE STANDARDS: United States Universal DISC: AICPA: BB-Legal
TOPICS: A-Head: Prosecution Process
KEYWORDS: Blooms: Knowledge

109. Nolo contendere means:
a. no trial b. guilty
c. innocent d. contested
e. none of the other choices are correct

ANSWER: e
POINTS: 1
DIFFICULTY: Easy
NATIONAL STANDARDS: United States BUSPROG: Communication
STATE STANDARDS: United States Universal DISC: AICPA: BB-Legal
TOPICS: A-Head: Prosecution Process
KEYWORDS: Blooms: Knowledge

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

ANSWER: a
POINTS: 1
DIFFICULTY: Easy
NATIONAL STANDARDS: United States BUSPROG: Communication
STATE STANDARDS: United States Universal DISC: AICPA: BB-Legal
TOPICS: A-Head: Prosecution Process
KEYWORDS: Blooms: Knowledge

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

ANSWER: e
POINTS: 1
DIFFICULTY: Easy
NATIONAL STANDARDS: United States BUSPROG: Communication
STATE STANDARDS: United States Universal DISC: AICPA: BB-Legal
TOPICS: A-Head: Prosecution Process
KEYWORDS: Blooms: Knowledge

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:
a. an arraignment b. nolo contendere c. demurrer
d. plea bargain
e. none of the other choices

ANSWER: d
POINTS: 1
DIFFICULTY: Easy
NATIONAL STANDARDS: United States BUSPROG: Communication
STATE STANDARDS: United States Universal DISC: AICPA: BB-Legal
TOPICS: A-Head: Prosecution Process
KEYWORDS: Blooms: Knowledge

113. A plea bargain allows:
a. a matter to be settled under the supervision of a judge without a trial b. a matter to be settled by a jury without a trial
c. a matter to be settled with a short trial
d. a matter to be settled by the attorneys without the supervision of a judge e. none of the other choices are correct

ANSWER: a
POINTS: 1
DIFFICULTY: Easy
NATIONAL STANDARDS: United States BUSPROG: Communication
STATE STANDARDS: United States Universal DISC: AICPA: BB-Legal
TOPICS: A-Head: Prosecution Process
KEYWORDS: Blooms: Knowledge

114. In contrast to civil trial discovery proceedings, criminal discovery proceedings:
a. focus on reducing surprises b. focus on reversing verdicts
c. focus on making all parties comfortable
d. involve disclosing only a subset of information to the other side e. involve disclosing everything to the other side

ANSWER: d
POINTS: 1
DIFFICULTY: Easy
NATIONAL STANDARDS: United States BUSPROG: Communication
STATE STANDARDS: United States Universal DISC: AICPA: BB-Legal
TOPICS: A-Head: Prosecution Process
KEYWORDS: Blooms: Knowledge

115. Under the Constitution, any exculpatory evidence:
a. must be disclosed to the defendant
b. must not be disclosed to the defendant
c. must be disclosed to the judge before the trial d. must be formally written
e. must be recorded in front of a notary

ANSWER: a
POINTS: 1
DIFFICULTY: Easy
NATIONAL STANDARDS: United States BUSPROG: Communication
STATE STANDARDS: United States Universal DISC: AICPA: BB-Legal
TOPICS: A-Head: Prosecution Process
KEYWORDS: Blooms: Knowledge

116. Under the Constitution, any must be disclosed to the defendant. a. false evidence
b. important evidence
c. exculpatory evidence
d. illegally collected evidence
e. none of the other choices are correct

ANSWER: c
POINTS: 1
DIFFICULTY: Easy
NATIONAL STANDARDS: United States BUSPROG: Communication
STATE STANDARDS: United States Universal DISC: AICPA: BB-Legal
TOPICS: A-Head: Prosecution Process
KEYWORDS: Blooms: Knowledge

117. Under the Constitution, any must be disclosed to the defendant. a. false evidence
b. important evidence
c. incriminating evidence
d. illegally collected evidence
e. none of the other choices are correct

ANSWER: e

118. Exculpatory evidence is evidence which:
a. might show that the defendant is guilty
b. might show that the defendant is not guilty
c. will not show that the defendant is not guilty d. makes the prosecution look bad
e. makes the prosecution look good

ANSWER: b
POINTS: 1
DIFFICULTY: Easy
NATIONAL STANDARDS: United States BUSPROG: Communication
STATE STANDARDS: United States Universal DISC: AICPA: BB-Legal
TOPICS: A-Head: Prosecution Process
KEYWORDS: Blooms: Knowledge

119. In a criminal case the defendant:
a. has no obligation to disclose evidence to the prosecution that shows the defendant is guilty b. has an obligation to disclose evidence to the prosecution that shows the defendant is guilty
c. has an obligation to disclose evidence to the prosecution that shows the prosecution is guilty d. has to present all incriminating evidence to the jury
e. none of the other choices are correct

ANSWER: a
POINTS: 1
DIFFICULTY: Easy
NATIONAL STANDARDS: United States BUSPROG: Communication
STATE STANDARDS: United States Universal DISC: AICPA: BB-Legal
TOPICS: A-Head: Prosecution Process
KEYWORDS: Blooms: Knowledge

120. In a criminal trial, to be found guilty, the standard is guilt:
a. by a preponderance of the evidence
b. by a convincing majority of the evidence c. beyond a reasonable doubt
d. upon the word of the court e. none of the other choices

121. In a criminal trial, to be found guilty, the standard is guilt:
a. by a preponderance of the evidence
b. by a convincing majority of the evidence c. res ipsa loquitor
d. upon the word of the court e. none of the other choices

ANSWER: e
POINTS: 1
DIFFICULTY: Easy
NATIONAL STANDARDS: United States BUSPROG: Communication
STATE STANDARDS: United States Universal DISC: AICPA: BB-Legal
TOPICS: A-Head: Prosecution Process
KEYWORDS: Blooms: Knowledge

122. In a criminal case, beyond a reasonable doubt means that:
a. the evidence is good enough to hold up in a civil trial
b. the evidence would convince an uneducated person of the defendants guilt c. the evidence fully satisfies and convinces the court to a moral certainty
d. the evidence partially satisfies and convinces the court to a moral certainty e. none of the other choices are correct

ANSWER: c
POINTS: 1
DIFFICULTY: Easy
NATIONAL STANDARDS: United States BUSPROG: Communication
STATE STANDARDS: United States Universal DISC: AICPA: BB-Legal
TOPICS: A-Head: Prosecution Process
KEYWORDS: Blooms: Knowledge

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

124. If the jury cannot decide on a verdict then a is declared. a. mistrial
b. false trial c. hung trial d. maltrial
e. lost trial

ANSWER: a
POINTS: 1
DIFFICULTY: Easy
NATIONAL STANDARDS: United States BUSPROG: Communication
STATE STANDARDS: United States Universal DISC: AICPA: BB-Legal
TOPICS: A-Head: Prosecution Process
KEYWORDS: Blooms: Knowledge

125. If the jury cannot decide on a verdict then a is declared. a. lost trial
b. false trial c. hung trial d. maltrial
e. none of the other choices are correct

ANSWER: e
POINTS: 1
DIFFICULTY: Easy
NATIONAL STANDARDS: United States BUSPROG: Communication
STATE STANDARDS: United States Universal DISC: AICPA: BB-Legal
TOPICS: A-Head: Prosecution Process
KEYWORDS: Blooms: Knowledge

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

127. Which of the following would not be considered to be white collar crime:
a. bankruptcy fraud b. embezzlement
c. burglary
d. insider trading e. wire fraud

ANSWER: c
POINTS: 1
DIFFICULTY: Easy
NATIONAL STANDARDS: United States BUSPROG: Communication
STATE STANDARDS: United States Universal DISC: AICPA: BB-Legal
TOPICS: A-Head: White Collar Crime
KEYWORDS: Blooms: Knowledge

128. Which of the following would not be considered to be white collar crime:
a. bankruptcy fraud b. embezzlement
c. wire fraud
d. insider trading
e. all of the other choices would be white collar crimes

ANSWER: e
POINTS: 1
DIFFICULTY: Easy
NATIONAL STANDARDS: United States BUSPROG: Communication
STATE STANDARDS: United States Universal DISC: AICPA: BB-Legal
TOPICS: A-Head: White Collar Crime
KEYWORDS: Blooms: Knowledge

129. The Sherman Act and Clayton Act (2004) allow prison terms to be imposed on:
a. those involved in burglaries
b. those involved in anticompetitive practices c. those involved in blue collar crime
d. those involved in drug trafficking
e. none of the other choices are correct

ANSWER: b

130. In recent years antitrust prosecutions have:
a. remained at low levels b. increased
c. decreased
d. decreased in most areas of the country, but risen in New York and California e. none of the other choices are correct

ANSWER: b
POINTS: 1
DIFFICULTY: Moderate
NATIONAL STANDARDS: United States BUSPROG: Analytic
STATE STANDARDS: United States Universal DISC: AICPA: BB-Legal
TOPICS: A-Head: White Collar Crime
KEYWORDS: Blooms: Analysis

131. When a person or corporation hides or lies about assets in bankruptcy proceedings it is called:
a. bribery
b. embezzlement
c. bankruptcy fraud d. racketeering
e. financial fraud

ANSWER: c
POINTS: 1
DIFFICULTY: Easy
NATIONAL STANDARDS: United States BUSPROG: Communication
STATE STANDARDS: United States Universal DISC: AICPA: BB-Legal
TOPICS: A-Head: White Collar Crime
KEYWORDS:

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