Business Law 9th Edition Cheeseman

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Business Law, 9e (Cheeseman)
Chapter 8 Criminal Law and Cyber Crime

1) A collection of criminal statutes is referred to as a ________.

A) constitution
B) bill
C) charter
D) penal code
Answer: D
Diff: 1
Skill: Legal Concepts
LO: 8.1 List and describe the essential elements of a crime.
AACSB: Analytical thinking
Classification: Concept

2) ________ include environmental laws, securities laws, and antitrust laws and provide for
criminal violations and penalties.
A) Regulatory statutes
B) Constitutions
C) Charters
D) Resolutions
Answer: A
Diff: 1
Skill: Legal Concepts
LO: 8.1 List and describe the essential elements of a crime.
AACSB: Analytical thinking
Classification: Concept

3) Who is the plaintiff in a criminal lawsuit?

A) the respondent
B) the government
C) a private party
D) the victim
Answer: B
Diff: 1
Skill: Legal Concepts
LO: 8.1 List and describe the essential elements of a crime.
AACSB: Analytical thinking
Classification: Concept

1
Copyright © 2016 Pearson Education, Inc.
4) In the United States, what recourse does an accused person have in case he or she cannot
afford a private defense lawyer?
A) The government will provide an attorney to the accused free of charge.
B) The accused will have to spend his or her time in jail until he or she can obtain enough money
to afford an attorney.
C) A public defender will be appointed to the accused by the government for a nominal fee.
D) He or she will have to defend himself or herself when the trial starts.
Answer: A
Diff: 1
Skill: Legal Concepts
LO: 8.1 List and describe the essential elements of a crime.
AACSB: Analytical thinking
Classification: Concept

5) ________ are the most serious of crimes and are considered inherently evil.
A) Infractions
B) Misdemeanors
C) Felonies
D) Summary offences
Answer: C
Diff: 1
Skill: Legal Concepts
LO: 8.1 List and describe the essential elements of a crime.
AACSB: Analytical thinking
Classification: Concept

6) A(n) ________ is considered a less serious crime than a felony and is not inherently evil but
prohibited by society.
A) indictable offence
B) violation
C) felony
D) misdemeanor
Answer: D
Diff: 1
Skill: Legal Concepts
LO: 8.1 List and describe the essential elements of a crime.
AACSB: Analytical thinking
Classification: Concept

2
Copyright © 2016 Pearson Education, Inc.
7) A person found speeding is considered to have committed a(n) ________.
A) indictable offence
B) violation
C) felony
D) misdemeanor
Answer: B
Diff: 1
Skill: Legal Concepts
LO: 8.1 List and describe the essential elements of a crime.
AACSB: Analytical thinking
Classification: Concept

8) Tim Talon has been found by a court of law to be guilty of reckless driving and killing a
pedestrian as a consequence. His defense was that he was driving under the influence of alcohol
and lost control of his automobile. He was subsequently punished for his crime. How would the
court classify Tim Talon's case for intent?
A) general intent crime
B) criminal intent crime
C) nonintent crime
D) specific intent crime
Answer: C
Diff: 2
Skill: Factual Application
LO: 8.1 List and describe the essential elements of a crime.
AACSB: Application of knowledge
Classification: Application

9) Which two elements are required to find a defendant guilty of an intent crime?
A) criminal act and criminal intent
B) victim and criminal intent
C) criminal act and proof of gain
D) motive and criminal intent
Answer: A
Diff: 1
Skill: Legal Concepts
LO: 8.1 List and describe the essential elements of a crime.
AACSB: Analytical thinking
Classification: Concept

3
Copyright © 2016 Pearson Education, Inc.
10) ________ crimes require that the perpetrator either knew or should have known that his or
her actions would lead to harmful results.
A) General intent
B) Nonintent
C) Specific intent
D) Explicit intent
Answer: A
Diff: 1
Skill: Legal Concepts
LO: 8.1 List and describe the essential elements of a crime.
AACSB: Analytical thinking
Classification: Concept

11) A(n) ________ is a document for a person's detainment that is based on a showing of
probable cause that the person committed a crime.
A) no-knock warrant
B) possessory warrant
C) execution warrant
D) arrest warrant
Answer: D
Diff: 1
Skill: Legal Concepts
LO: 8.1 List and describe the essential elements of a crime.
AACSB: Analytical thinking
Classification: Concept

12) ________ is defined as the substantial likelihood that a person either committed or is about
to commit a crime.
A) Reasonable suspicion
B) Reasonable doubt
C) Probable cause
D) Preponderance of evidence
Answer: B
Diff: 1
Skill: Legal Concepts
LO: 8.1 List and describe the essential elements of a crime.
AACSB: Analytical thinking
Classification: Concept

13) A person charged with a crime in the United States is presumed innocent until proven guilty.
Answer: TRUE
Diff: 1
Skill: Legal Concepts
LO: 8.1 List and describe the essential elements of a crime.
AACSB: Analytical thinking
Classification: Concept

4
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14) A crime is the violation of a statute for which the government imposes a punishment.
Answer: TRUE
Diff: 1
Skill: Legal Concepts
LO: 8.1 List and describe the essential elements of a crime.
AACSB: Analytical thinking
Classification: Concept

15) If the accused cannot afford a private defense lawyer, the government will provide one free
of charge.
Answer: TRUE
Diff: 1
Skill: Legal Concepts
LO: 8.1 List and describe the essential elements of a crime.
AACSB: Analytical thinking
Classification: Concept

16) In a criminal lawsuit, the government is represented by a lawyer called a defense attorney.
Answer: FALSE
Diff: 1
Skill: Legal Concepts
LO: 8.1 List and describe the essential elements of a crime.
AACSB: Analytical thinking
Classification: Concept

17) Monetary damages and equitable remedies are provided in a civil lawsuit.
Answer: TRUE
Diff: 1
Skill: Legal Concepts
LO: 8.1 List and describe the essential elements of a crime.
AACSB: Analytical thinking
Classification: Concept

18) In a criminal lawsuit, guilt has to be proven beyond any reasonable doubt.
Answer: TRUE
Diff: 1
Skill: Legal Concepts
LO: 8.1 List and describe the essential elements of a crime.
AACSB: Analytical thinking
Classification: Concept

5
Copyright © 2016 Pearson Education, Inc.
19) A civil lawsuit does not require a unanimous jury vote.
Answer: TRUE
Diff: 1
Skill: Legal Concepts
LO: 8.1 List and describe the essential elements of a crime.
AACSB: Analytical thinking
Classification: Concept

20) Explain the role of penal codes and regulatory statutes in criminal law.
Answer: Statutes are the primary source of criminal law. Most states have adopted
comprehensive penal codes that define in detail the activities considered to be crimes within their
jurisdictions and the penalties that will be imposed for their commission. A comprehensive
federal criminal code defines federal crimes. In addition, state and federal regulatory statutes
often provide for criminal violations and penalties. The state and federal legislatures are
continually adding to the list of crimes. The penalty for committing a crime may consist of the
imposition of a fine, imprisonment, both, or some other form of punishment.
Diff: 2
Skill: Legal Concepts
LO: 8.1 List and describe the essential elements of a crime.
AACSB: Analytical thinking
Classification: Concept

21) Which of the following statements best describes a difference between indictments and
information statements?
A) Indictments are issued by a grand jury, while an information statement is issued by a
magistrate.
B) Indictments are issued before a trial, while an information statement is issued after a trial.
C) Information statements are issued without determining guilt, while an indictment is issued
where guilt is evident.
D) Information statements are issued to dismiss a case before it goes to trial, while an indictment
is issued to bring a case to trial.
Answer: A
Diff: 2
Skill: Legal Concepts
LO: 8.2 Describe criminal procedure, including arrest, indictment, arraignment, and the criminal
trial.
AACSB: Analytical thinking
Classification: Concept

6
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22) A(n) ________ is a charge of having committed a crime, usually a felony, based on the
judgment of a grand jury.
A) indictment
B) information statement
C) arraignment
D) plea
Answer: A
Diff: 1
Skill: Legal Concepts
LO: 8.2 Describe criminal procedure, including arrest, indictment, arraignment, and the criminal
trial.
AACSB: Analytical thinking
Classification: Concept

23) At what stage of the criminal procedure is the accused asked to enter a plea?
A) when the accused is being booked
B) when the accused is taken to an arraignment
C) when the accused is being arrested
D) when an indictment or information statement is being issued
Answer: B
Diff: 1
Skill: Legal Concepts
LO: 8.2 Describe criminal procedure, including arrest, indictment, arraignment, and the criminal
trial.
AACSB: Analytical thinking
Classification: Concept

24) What is nolo contendere in legal proceedings?

A) a plea by which the defense attorney sets out reasons as to why the case should not go to trial
B) a guilty plea where the defendant does not admit the act and asserts innocence though there is
sufficient evidence against the defendant
C) a plea where the accused agrees to the imposition of a penalty but does not admit guilt
D) a plea by which the defense attorney exhibits evidence that the defendant is not fit to stand for
trial
Answer: C
Diff: 2
Skill: Legal Concepts
LO: 8.2 Describe criminal procedure, including arrest, indictment, arraignment, and the criminal
trial.
AACSB: Analytical thinking
Classification: Concept

7
Copyright © 2016 Pearson Education, Inc.
25) A(n) ________ is an agreement in which the accused admits to a lesser crime than charged,
and in return, the government agrees to impose a lesser sentence than might have been obtained
had the case gone to trial.
A) plea bargain
B) indictment
C) arraignment
D) nolo contendere
Answer: A
Diff: 1
Skill: Legal Concepts
LO: 8.2 Describe criminal procedure, including arrest, indictment, arraignment, and the criminal
trial.
AACSB: Analytical thinking
Classification: Concept

26) A jury that cannot come to a unanimous decision about the defendant's guilt is called a(n)
________.
A) open jury
B) grand jury
C) hung jury
D) struck jury
Answer: C
Diff: 1
Skill: Legal Concepts
LO: 8.2 Describe criminal procedure, including arrest, indictment, arraignment, and the criminal
trial.
AACSB: Analytical thinking
Classification: Concept

27) Roland and Kelly were involved in a car accident in which Kelly was badly injured and had
to be hospitalized. After investigation, it was found that Roland's negligence was the cause of the
accident. He was duly charged with reckless driving, which is classified as a crime. What action
should Roland take to avoid being sued by Kelly, who held him liable for her injuries and
subsequent hospital bills?
A) enter into a plea of nolo contendere
B) plead not guilty and go to trial
C) enter into a plea bargain with the government and pay a nominal penalty set by the
government
D) plead guilty and serve the punishment set by the government as it will serve as the all-binding
punishment for the crime
Answer: A
Diff: 2
Skill: Factual Application
LO: 8.2 Describe criminal procedure, including arrest, indictment, arraignment, and the criminal
trial.
AACSB: Application of knowledge
Classification: Application
8
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28) What is the necessary condition for an accused person to be found guilty by a jury?
A) At least half the jurors have to find the defendant guilty of the crime.
B) All the jurors have to unanimously agree that the defendant is guilty of the crime.
C) More than 50 percent of the jurors have to find the defendant guilty of the crime.
D) The jury's verdict has to be approved by the presiding judge.
Answer: B
Diff: 2
Skill: Legal Concepts
LO: 8.2 Describe criminal procedure, including arrest, indictment, arraignment, and the criminal
trial.
AACSB: Analytical thinking
Classification: Concept

29) When is the felony murder rule applied?

A) when the murder was committed without intent while committing another crime
B) when the crime involves the intended murder of another person
C) when the felon in the case was killed while the crime transpired
D) when the reason for the death is found to be involuntary manslaughter
Answer: A
Diff: 1
Skill: Legal Concepts
LO: 8.2 Describe criminal procedure, including arrest, indictment, arraignment, and the criminal
trial.
AACSB: Analytical thinking
Classification: Concept

30) The wrongful or fraudulent taking of another's personal intangible properties such as trade
secrets, computer programs, and other business property is considered as a(n) ________.
A) larceny
B) robbery
C) aggravated burglary
D) aggravated robbery
Answer: A
Diff: 1
Skill: Legal Concepts
LO: 8.2 Describe criminal procedure, including arrest, indictment, arraignment, and the criminal
trial.
AACSB: Analytical thinking
Classification: Concept

9
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31) ________ is a crime that involves the willful or malicious burning of a building.
A) Larceny
B) Arson
C) Battery
D) Embezzlement
Answer: B
Diff: 1
Skill: Legal Concepts
LO: 8.2 Describe criminal procedure, including arrest, indictment, arraignment, and the criminal
trial.
AACSB: Analytical thinking
Classification: Concept

32) A nolo contendere plea can be used as evidence of liability against the accused at a
subsequent civil trial.
Answer: FALSE
Diff: 1
Skill: Legal Concepts
LO: 8.2 Describe criminal procedure, including arrest, indictment, arraignment, and the criminal
trial.
AACSB: Analytical thinking
Classification: Concept

33) The case against the accused is dismissed if neither an indictment nor an information
statement is issued.
Answer: TRUE
Diff: 1
Skill: Legal Concepts
LO: 8.2 Describe criminal procedure, including arrest, indictment, arraignment, and the criminal
trial.
AACSB: Analytical thinking
Classification: Concept

34) An indictment is a charge of guilt against the defendant.

Answer: FALSE
Diff: 1
Skill: Legal Concepts
LO: 8.2 Describe criminal procedure, including arrest, indictment, arraignment, and the criminal
trial.
AACSB: Analytical thinking
Classification: Concept

10
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35) If a defendant is found not guilty in a criminal case, the government can retry the case with a
new jury.
Answer: FALSE
Diff: 1
Skill: Legal Concepts
LO: 8.2 Describe criminal procedure, including arrest, indictment, arraignment, and the criminal
trial.
AACSB: Analytical thinking
Classification: Concept

36) Theft committed by an unauthorized entry through an unlocked door would be considered
burglary.
Answer: TRUE
Diff: 1
Skill: Legal Concepts
LO: 8.2 Describe criminal procedure, including arrest, indictment, arraignment, and the criminal
trial.
AACSB: Analytical thinking
Classification: Concept

37) Why do governments and defendants enter into plea bargains?

Answer: The government engages in plea bargaining to save costs, avoid the risks of a trial, and
prevent further overcrowding of the prisons. In return, the government agrees to impose a lesser
penalty or sentence on the accused than might have been obtained had the case gone to trial and
the accused found guilty. The accused often agrees to a plea bargain to avoid the risks of trial
where if he or she was found guilty, he or she would be subject to a greater penalty than the
penalty imposed by the plea bargain he or she has agreed to with the government.
Diff: 2
Skill: Legal Concepts
LO: 8.2 Describe criminal procedure, including arrest, indictment, arraignment, and the criminal
trial.
AACSB: Analytical thinking
Classification: Concept

38) Discuss receiving stolen property as a crime.

Answer: A person commits the crime of receiving stolen property if he or she (1) knowingly
receives stolen property and (2) intends to deprive the rightful owner of that property.
Knowledge and intent can be inferred from the circumstances. The stolen property can be any
tangible property like personal property, money, negotiable instruments, and stock certificates.
Diff: 1
Skill: Legal Concepts
LO: 8.2 Describe criminal procedure, including arrest, indictment, arraignment, and the criminal
trial.
AACSB: Analytical thinking
Classification: Concept

11
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39) Which of the following crimes is an example of a white-collar crime?
A) larceny
B) arson
C) forgery
D) battery
Answer: C
Diff: 1
Skill: Legal Concepts
LO: 8.3 Identify and define business and white-collar crimes.
AACSB: Analytical thinking
Classification: Concept

40) The fraudulent making or alteration of a written document that affects the legal liability of
another person is called ________.
A) extortion
B) larceny
C) embezzlement
D) forgery
Answer: D
Diff: 1
Skill: Legal Concepts
LO: 8.3 Identify and define business and white-collar crimes.
AACSB: Analytical thinking
Classification: Concept

41) ________ is the fraudulent conversion of property by a person to whom that property was
entrusted.
A) Bribery
B) Extortion
C) Embezzlement
D) Forgery
Answer: C
Diff: 1
Skill: Legal Concepts
LO: 8.3 Identify and define business and white-collar crimes.
AACSB: Analytical thinking
Classification: Concept

12
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42) ________ is a crime in which one person gives another person money, property, favors, or
anything else of value for a favor in return.
A) Battery
B) Bribery
C) Larceny
D) Embezzlement
Answer: B
Diff: 1
Skill: Legal Concepts
LO: 8.3 Identify and define business and white-collar crimes.
AACSB: Analytical thinking
Classification: Concept

43) The crime of ________ involves the obtaining of property from another, with his or her
consent, induced by wrongful use of actual or threatened force, violence, or fear.
A) bribery
B) extortion
C) money laundering
D) embezzlement
Answer: B
Diff: 1
Skill: Legal Concepts
LO: 8.3 Identify and define business and white-collar crimes.
AACSB: Analytical thinking
Classification: Concept

44) Which of the following does the Money Laundering Act prohibit?
A) the fraudulent conversion of property by a person to whom that property was entrusted
B) obtaining property from another, with his or her consent, induced by wrongful use of actual or
threatened force
C) the use of mails or wires to defraud another person
D) knowingly engaging in a financial transaction that involves the proceeds of an unlawful
activity
Answer: D
Diff: 1
Skill: Legal Concepts
LO: 8.3 Identify and define business and white-collar crimes.
AACSB: Analytical thinking
Classification: Concept

13
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45) Richard Bell, an organized crime boss and casino owner, has made a lot of money with his
illegal drug operations and illegal gambling. He stashes away most of this drug money in
personal lockers. In order to make it look like he earned it legitimately, Richard hired crooks to
take the drug money and spend it in Richard's casinos in discreet amounts. The crooks are
supposed to lose the money on purpose so that the casino can claim this as winnings. The crooks
are then paid a small amount for their services. What crime is Richard committing in converting
his drug money to alleged legal money?
A) misappropriation
B) embezzlement
C) money laundering
D) extortion
Answer: C
Diff: 2
Skill: Factual Application
LO: 8.3 Identify and define business and white-collar crimes.
AACSB: Application of knowledge
Classification: Application

46) Mark and Jack work as clerks at the New Bank of North America, which they plan to rob. In
order to plan and execute the robbery, Mark and Jack obtained the floor plans of the bank and
studied the security arrangements and movements of security personnel. They even got weapons,
in case force is required, as they plan to rob the bank during working hours. But the police got
information about the plan and arrested Mark and Jack, and thus prevented the robbery from
taking place. Which of the following crimes has been committed by Mark and Jack?
A) criminal conspiracy
B) extortion
C) money laundering
D) larceny
Answer: A
Diff: 2
Skill: Factual Application
LO: 8.3 Identify and define business and white-collar crimes.
AACSB: Application of knowledge
Classification: Application

47) Crimes committed by businesspersons are referred to as blue-collar crimes.

Answer: FALSE
Diff: 1
Skill: Legal Concepts
LO: 8.3 Identify and define business and white-collar crimes.
AACSB: Analytical thinking
Classification: Concept

14
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48) The offeror cannot be found liable for the crime of bribery if the person to whom the bribe is
offered rejects the bribe.
Answer: FALSE
Diff: 1
Skill: Legal Concepts
LO: 8.3 Identify and define business and white-collar crimes.
AACSB: Analytical thinking
Classification: Concept

49) Extortion of private persons is commonly referred to as blackmail.

Answer: TRUE
Diff: 1
Skill: Legal Concepts
LO: 8.3 Identify and define business and white-collar crimes.
AACSB: Analytical thinking
Classification: Concept

50) Extortion of public officials is called extortion under color of official right.
Answer: TRUE
Diff: 1
Skill: Legal Concepts
LO: 8.3 Identify and define business and white-collar crimes.
AACSB: Analytical thinking
Classification: Concept

51) Criminal fraud is the crime of obtaining title to property through deception or trickery.
Answer: TRUE
Diff: 1
Skill: Legal Concepts
LO: 8.3 Identify and define business and white-collar crimes.
AACSB: Analytical thinking
Classification: Concept

52) The government can forfeit any property involved in a money laundering offense.
Answer: TRUE
Diff: 1
Skill: Legal Concepts
LO: 8.3 Identify and define business and white-collar crimes.
AACSB: Analytical thinking
Classification: Concept

15
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53) The Racketeer Influenced and Corrupt Organizations Act (RICO) applies only to organized
crimes.
Answer: FALSE
Diff: 1
Skill: Legal Concepts
LO: 8.3 Identify and define business and white-collar crimes.
AACSB: Analytical thinking
Classification: Concept

54) Persons injured by a Racketeer Influenced and Corrupt Organizations Act (RICO) violation
can bring a private civil RICO action against the violator.
Answer: TRUE
Diff: 1
Skill: Legal Concepts
LO: 8.3 Identify and define business and white-collar crimes.
AACSB: Analytical thinking
Classification: Concept

55) In a criminal conspiracy, the commission of the act is not necessary.

Answer: TRUE
Diff: 1
Skill: Legal Concepts
LO: 8.3 Identify and define business and white-collar crimes.
AACSB: Analytical thinking
Classification: Concept

56) Give an account of the Racketeer Influenced and Corrupt Organizations Act (RICO) in
business law.
Answer: Organized crime has a pervasive influence on many parts of the U.S. economy. To
combat this activity, Congress enacted the Organized Crime Control Act. The Racketeer
Influenced and Corrupt Organizations Act (RICO) is part of this act. Originally, RICO was
intended to apply only to organized crime. However, the broad language of its statute has been
used against non-organized crime defendants as well. RICO, which provides for both criminal
and civil penalties, is one of the most important laws affecting business today. RICO makes it a
federal crime to acquire or maintain an interest in, use income from, or conduct or participate in
the affairs of an enterprise through a pattern of racketeering activity. Business-related crimes,
such as bribery, embezzlement, mail fraud, and wire fraud, are also considered racketeering.
RICO provides for the forfeiture of any property or business interests that were gained because
of its violations. This provision allows the government to recover investments made with monies
derived from racketeering activities. Persons injured by a RICO violation can bring a private
civil RICO action against the violator to recover damages for injury to business or property.
Diff: 3
Skill: Legal Concepts
LO: 8.3 Identify and define business and white-collar crimes.
AACSB: Analytical thinking
Classification: Concept

16
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57) Discuss mail fraud and wire fraud.
Answer: Federal law prohibits the use of mail or wires–telephone, television, radio, computer—
to defraud another person. These crimes are called mail fraud and wire fraud, respectively. The
government often includes these crimes in a criminal charge against a defendant who is charged
with committing another crime but who also used the mail or wires to further his or her crime.
Sometimes the government prosecutes a suspect under these statutes if there is insufficient
evidence to prove the real crime that the criminal was attempting to commit or did commit.
Persons convicted of mail or wire fraud are subject to imprisonment and the imposition of
monetary fines.
Diff: 1
Skill: Legal Concepts
LO: 8.3 Identify and define business and white-collar crimes.
AACSB: Analytical thinking
Classification: Concept

58) A crime that is committed using computers, e-mail, the Internet, or other electronic means is
commonly referred to as ________.
A) larceny
B) cybercrime
C) forgery
D) mail fraud and wire fraud
Answer: B
Diff: 1
Skill: Legal Concepts
LO: 8.4 List and describe cybercrimes.
AACSB: Analytical thinking
Classification: Concept

59) The ________ makes it a federal crime for anyone to access and acquire information
intentionally from a protected computer without authorization.
A) Identity Theft and Assumption Deterrence Act
B) Information Infrastructure Protection Act
C) Counterfeit Access Device and Computer Fraud and Abuse Act
D) Racketeer Influenced and Corrupt Organizations Act
Answer: B
Diff: 1
Skill: Legal Concepts
LO: 8.4 List and describe cybercrimes.
AACSB: Analytical thinking
Classification: Concept

17
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60) The Information Infrastructure Protection Act makes it a crime for anyone to access and
acquire information intentionally from a protected computer without authorization.
Answer: TRUE
Diff: 1
Skill: Legal Concepts
LO: 8.4 List and describe cybercrimes.
AACSB: Analytical thinking
Classification: Concept

61) Merely observing data on a protected computer without authorization does not amount to a
federal crime.
Answer: FALSE
Diff: 1
Skill: Legal Concepts
LO: 8.4 List and describe cybercrimes.
AACSB: Analytical thinking
Classification: Concept

62) Discuss identity theft as a cybercrime.

Answer: In identity theft—or ID theft—one person steals information about another person to
pose as that person and take the innocent person's money or property or to purchase goods and
services using the victim's credit information. To commit ID theft, thieves obtain certain
information about the victim. This could be the victim's name, Social Security number, credit
card numbers, bank account information, and other personal information. With the use of
computers, criminals can obtain the information they need to commit ID theft more easily. Credit
card fraud is one of the crimes most commonly committed by ID thieves. To address the growing
problem of ID theft, Congress enacted the Identity Theft and Assumption Deterrence Act. This
statute makes it a federal crime to transfer or use, without authority, the identity of another
person knowingly and with the intent to commit any unlawful activity as defined by federal law
and state and local felony laws. Violators can be sentenced to prison for up to 15 years and have
any property used in the commission of ID theft forfeited to the government.
Diff: 2
Skill: Legal Concepts
LO: 8.4 List and describe cybercrimes.
AACSB: Analytical thinking
Classification: Concept

18
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63) Which of the following types of protection does the Fourth Amendment provide to U.S.
citizens?
A) protection against self-incrimination
B) protection against being tried for the same case twice
C) protection from unreasonable search and seizure by the government
D) protection from cruel and unusual punishment for a criminal defendant
Answer: C
Diff: 1
Skill: Legal Concepts
LO: 8.5 Explain the constitutional safeguards provided by the Fourth, Fifth, Sixth, and Eighth
Amendments to the U.S. Constitution.
AACSB: Analytical thinking
Classification: Concept

64) In which of the following circumstances is a warrantless search permitted?

A) if evidence is not in plain view
B) if evidence is likely to be destroyed
C) if the suspect has been previously convicted
D) if there is no probable cause
Answer: B
Diff: 2
Skill: Legal Concepts
LO: 8.5 Explain the constitutional safeguards provided by the Fourth, Fifth, Sixth, and Eighth
Amendments to the U.S. Constitution.
AACSB: Analytical thinking
Classification: Concept

65) According to the ________, evidence obtained from an unreasonable search and seizure can
generally be prohibited from introduction at a trial or an administrative proceeding against the
person searched.
A) presumption of innocence doctrine
B) double jeopardy rule
C) exclusionary rule
D) Miranda rights
Answer: C
Diff: 1
Skill: Legal Concepts
LO: 8.5 Explain the constitutional safeguards provided by the Fourth, Fifth, Sixth, and Eighth
Amendments to the U.S. Constitution.
AACSB: Analytical thinking
Classification: Concept

19
Copyright © 2016 Pearson Education, Inc.
66) The Miranda rights refer to the ________ provision of the Fifth Amendment of the U.S.
Constitution.
A) double jeopardy
B) unreasonable searches and seizures
C) privilege against self-incrimination
D) parole eligibility
Answer: C
Diff: 1
Skill: Legal Concepts
LO: 8.5 Explain the constitutional safeguards provided by the Fourth, Fifth, Sixth, and Eighth
Amendments to the U.S. Constitution.
AACSB: Analytical thinking
Classification: Concept

67) The Double Jeopardy Clause of the Fifth Amendment protects persons from ________.
A) evidence procured through unreasonable search and seizures
B) confessions obtained through physical force during an interrogation
C) being tried twice for the same crime
D) being subjected to a heavier penalty or longer imprisonment than originally sentenced
Answer: C
Diff: 1
Skill: Legal Concepts
LO: 8.5 Explain the constitutional safeguards provided by the Fourth, Fifth, Sixth, and Eighth
Amendments to the U.S. Constitution.
AACSB: Analytical thinking
Classification: Concept

68) Which of the following would violate the Double Jeopardy Clause?
A) The criminal act violates more than one jurisdiction, and each jurisdiction tries the accused in
turn.
B) A case reaches a hung jury in court, and the government reopens the case with a new jury.
C) A person is tried for a case similar to one of which he was acquitted earlier.
D) The government reopens a case after new incriminating evidence is found against an
acquitted person.
Answer: D
Diff: 2
Skill: Legal Concepts
LO: 8.5 Explain the constitutional safeguards provided by the Fourth, Fifth, Sixth, and Eighth
Amendments to the U.S. Constitution.
AACSB: Analytical thinking
Classification: Concept

20
Copyright © 2016 Pearson Education, Inc.
69) Which of the following rights was provided under the Sixth Amendment?
A) right against self-incrimination
B) right to public jury trial
C) right to due process
D) double jeopardy
Answer: B
Diff: 1
Skill: Legal Concepts
LO: 8.5 Explain the constitutional safeguards provided by the Fourth, Fifth, Sixth, and Eighth
Amendments to the U.S. Constitution.
AACSB: Analytical thinking
Classification: Concept

70) Gregory Aimes, who is being tried for murder, has appointed Linda Steve as the attorney for
his defense. When being questioned about the case, Gregory confesses to Linda that he
committed the murder. Linda cannot divulge this information to the proper authorities due to the
attorney-client privilege wherein all information exchanged between the client and the attorney is
confidential. Under which of the following conditions can Linda lawfully break away from her
attorney-client privilege with Gregory?
A) if Gregory asks that Linda be replaced as his attorney
B) if Linda voluntarily resigns as Gregory's attorney
C) if Gregory is acquitted of all charges in the case
D) if Gregory discloses a planned future murder to Linda
Answer: D
Diff: 2
Skill: Factual Application
LO: 8.5 Explain the constitutional safeguards provided by the Fourth, Fifth, Sixth, and Eighth
Amendments to the U.S. Constitution.
AACSB: Application of knowledge
Classification: Application

71) Which of the following amendments to the U.S. Constitution protects criminal defendants
from cruel and unusual punishment and also protects criminals from torture?
A) Fifth Amendment
B) Eighth Amendment
C) Fourth Amendment
D) Fourteenth Amendment
Answer: C
Diff: 1
Skill: Legal Concepts
LO: 8.5 Explain the constitutional safeguards provided by the Fourth, Fifth, Sixth, and Eighth
Amendments to the U.S. Constitution.
AACSB: Analytical thinking
Classification: Concept

21
Copyright © 2016 Pearson Education, Inc.
72) The Fifth Amendment protects people from unreasonable search and seizure by the
government.
Answer: FALSE
Diff: 1
Skill: Legal Concepts
LO: 8.5 Explain the constitutional safeguards provided by the Fourth, Fifth, Sixth, and Eighth
Amendments to the U.S. Constitution.
AACSB: Analytical thinking
Classification: Concept

73) Warrantless searches are permitted where it is likely that evidence will be destroyed.
Answer: TRUE
Diff: 1
Skill: Legal Concepts
LO: 8.5 Explain the constitutional safeguards provided by the Fourth, Fifth, Sixth, and Eighth
Amendments to the U.S. Constitution.
AACSB: Analytical thinking
Classification: Concept

74) The exclusionary rule allows for evidence obtained from an unreasonable search and seizure
to be introduced in trial.
Answer: FALSE
Diff: 1
Skill: Legal Concepts
LO: 8.5 Explain the constitutional safeguards provided by the Fourth, Fifth, Sixth, and Eighth
Amendments to the U.S. Constitution.
AACSB: Analytical thinking
Classification: Concept

75) The Fifth Amendment to the U.S. Constitution provides that no person shall be compelled in
any criminal case to be a witness against himself.
Answer: TRUE
Diff: 1
Skill: Legal Concepts
LO: 8.5 Explain the constitutional safeguards provided by the Fourth, Fifth, Sixth, and Eighth
Amendments to the U.S. Constitution.
AACSB: Analytical thinking
Classification: Concept

76) Corporations and businesses can seek protection under privilege against self-incrimination.
Answer: FALSE
Diff: 1
Skill: Legal Concepts
LO: 8.5 Explain the constitutional safeguards provided by the Fourth, Fifth, Sixth, and Eighth
Amendments to the U.S. Constitution.
AACSB: Analytical thinking
Classification: Concept
22
Copyright © 2016 Pearson Education, Inc.
77) Obtaining nontestimonial evidence like fingerprints and body fluids violates the privilege
against self-incrimination provision.
Answer: FALSE
Diff: 1
Skill: Legal Concepts
LO: 8.5 Explain the constitutional safeguards provided by the Fourth, Fifth, Sixth, and Eighth
Amendments to the U.S. Constitution.
AACSB: Analytical thinking
Classification: Concept

78) A confession of a person who has not been read the Miranda rights is not admissible in
court.
Answer: TRUE
Diff: 2
Skill: Legal Concepts
LO: 8.5 Explain the constitutional safeguards provided by the Fourth, Fifth, Sixth, and Eighth
Amendments to the U.S. Constitution.
AACSB: Analytical thinking
Classification: Concept

79) The Miranda rights assure the arrested that a lawyer will be appointed to the arrested if he or
she cannot afford one.
Answer: TRUE
Diff: 1
Skill: Legal Concepts
LO: 8.5 Explain the constitutional safeguards provided by the Fourth, Fifth, Sixth, and Eighth
Amendments to the U.S. Constitution.
AACSB: Analytical thinking
Classification: Concept

80) The attorney-client privilege can only be raised by the defendant.

Answer: FALSE
Diff: 1
Skill: Legal Concepts
LO: 8.5 Explain the constitutional safeguards provided by the Fourth, Fifth, Sixth, and Eighth
Amendments to the U.S. Constitution.
AACSB: Analytical thinking
Classification: Concept

23
Copyright © 2016 Pearson Education, Inc.
81) A suspect can assert his Fifth Amendment privilege even after he is given a grant of
immunity.
Answer: FALSE
Diff: 1
Skill: Legal Concepts
LO: 8.5 Explain the constitutional safeguards provided by the Fourth, Fifth, Sixth, and Eighth
Amendments to the U.S. Constitution.
AACSB: Analytical thinking
Classification: Concept

82) The Fourth Amendment protects people from being tried twice for the same crime.
Answer: FALSE
Diff: 1
Skill: Legal Concepts
LO: 8.5 Explain the constitutional safeguards provided by the Fourth, Fifth, Sixth, and Eighth
Amendments to the U.S. Constitution.
AACSB: Analytical thinking
Classification: Concept

83) A defendant is protected by the Double Jeopardy Clause if his case reaches a hung jury.
Answer: FALSE
Diff: 1
Skill: Legal Concepts
LO: 8.5 Explain the constitutional safeguards provided by the Fourth, Fifth, Sixth, and Eighth
Amendments to the U.S. Constitution.
AACSB: Analytical thinking
Classification: Concept

84) The Sixth Amendment guarantees that a criminal defendant has the right to a public jury
trial.
Answer: TRUE
Diff: 1
Skill: Legal Concepts
LO: 8.5 Explain the constitutional safeguards provided by the Fourth, Fifth, Sixth, and Eighth
Amendments to the U.S. Constitution.
AACSB: Analytical thinking
Classification: Concept

85) The Eighth Amendment prohibits capital punishment.

Answer: FALSE
Diff: 1
Skill: Legal Concepts
LO: 8.5 Explain the constitutional safeguards provided by the Fourth, Fifth, Sixth, and Eighth
Amendments to the U.S. Constitution.
AACSB: Analytical thinking
Classification: Concept

24
Copyright © 2016 Pearson Education, Inc.
86) When does a government grant immunity from prosecution?
Answer: On occasion, the government may want to obtain information from a suspect who has
asserted his or her Fifth Amendment privilege against self-incrimination. The government can
often achieve this by offering the suspect immunity from prosecution. Immunity from
prosecution means that the government agrees not to use against a person granted immunity any
evidence given by that person. Once immunity is granted, the suspect loses the right to assert his
or her Fifth Amendment privilege.
Diff: 1
Skill: Legal Concepts
LO: 8.5 Explain the constitutional safeguards provided by the Fourth, Fifth, Sixth, and Eighth
Amendments to the U.S. Constitution.
AACSB: Analytical thinking
Classification: Concept

25
Copyright © 2016 Pearson Education, Inc.
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