Homework - Chapter 9
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Homework - Chapter 9

Course Number: BLAW 2200, Spring 2012

College/University: Kennesaw

Word Count: 1628

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Homework Chapter 09 Student: MAURISHA BOWERS Page 1 of 5 Assignment: Homework Chapter 09 Assignment score: 100% Total Time spent: 33 minutes, 1 second Score for selected take: 100% (20/20) Time spent on selected take: 1. Your answer: A crime is best defined as a. a wrong committed only against persons. b. a wrong prohibited by the common law but not by statutory law. c. a wrong prosecuted by a private...

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Chapter Homework 09 Student: MAURISHA BOWERS Page 1 of 5 Assignment: Homework Chapter 09 Assignment score: 100% Total Time spent: 33 minutes, 1 second Score for selected take: 100% (20/20) Time spent on selected take: 1. Your Register to View Answercrime is best defined as a. a wrong committed only against persons. b. a wrong prohibited by the common law but not by statutory law. c. a wrong prosecuted by a private attorney. d. a wrong committed against society as a whole. 2. Your answer: The standard of proof in a criminal law case is a. by a preponderance of the evidence. b. the 50 percent rule. c. beyond a reasonable doubt. d. by clear and convincing evidence. 3. Your answer: Which tort provides a basis for a criminal prosecution as well as for a tort action? a. Slander b. Battery c. Invasion of privacy d. Libel 4. Your Register to View Answerwrongful mental state is known as a. mens rea. b. malum in se. c. actus reus. d. deus ex machina. 5. http://cvg.cengagenow.com/ilrn/takeAssignment/viewAssignmentPrintableMain.do?assign... 8/29/2010 Homework Chapter 09 Page 2 of 5 Your answer: Corporations a. can be held liable for crimes, just as individuals can be. b. can never be held liable for crimes or torts. c. are not real persons, so they cannot be held liable for crimes, only for torts. d. can be held liable for crimes only if they are privately owned. 6. Your answer: Under the "responsible corporate officer" doctrine, corporate officers a. are responsible for their own actions but are not responsible for the actions of employees under their supervision. b. are responsible only for crimes from which they personally benefit. c. are not personally responsible for any crimes committed by the corporation. d. are responsible for their own actions and also for the actions of employees under their supervision. 7. Your answer: The key difference between larceny and robbery is that a. robbery involves breaking into a dwelling; larceny does not. b. larceny involves breaking into a dwelling; robbery does not. c. robbery involves force or fear; larceny does not. d. larceny involves arson; robbery does not. 8. Your Register to View Answerperson ordinarily is not held liable for committing a crime if that person a. is under the age of eighteen. b. suffers from a mental disease and lacks substantial capacity to appreciate the wrongfulness of his or her acts. c. is voluntarily intoxicated or under the influence of "drugs that affect the mental state." d. made a mistake of law in that the accused did not know of the illegality of their acts. 9. Your answer: Perhaps the most significant federal statute specifically addressing cyber crime is the a. Uniform Trade Secrets Act. b. Anticybersquatting Espionage Act. http://cvg.cengagenow.com/ilrn/takeAssignment/viewAssignmentPrintableMain.do?assign... 8/29/2010 Homework Chapter 09 Page 3 of 5 c. Computer Fraud and Abuse Act. d. Berne Convention. 10. Your answer: In Case 9.1, United States v. Lyons, in which Sanchez and Lyons raised millions of dollars for various charities and were convicted of mail fraud, the issue was a. if paying fundraisers 80 percent of the money raised could create criminal liability. b. if they had been singled out for prosecution because their charities favored politically unpopular causes. c. if they had been targeted for prosecution because of their race and ethnic background. d. if they could be convicted for misrepresentation about the use of funds raised. 11. Your answer: Ellen owns a diamond ring that she often takes off and places on her desk while she works. She is usually careful to put it back on whenever she leaves her desk. One day she went to lunch and forgot to take the ring. Sue picked up the ring and did not return it to Ellen. Sue has probably committed the crime of a. battery. b. larceny. c. arson. d. forgery. 12. Your answer: Arthur is the accountant for a trucking company. A driver, Tyler, holds a gun to Arthur's head and forces him to steal from the company. Arthur falsifies records, obtains cash, and gives it to Tyler. If criminal charges are brought against Arthur, he can assert the defense of a. duress. b. mistake of law. c. justifiable use of force. d. entrapment. 13. Your answer: Larry gives Senator Beales $100,000 so that Senator Beales will make sure the federal government buys all its paper clips from Larry's company. Larry has a. engaged in money laundering. b. done nothing illegal; this is how interest groups operate to support elected officials. c. committed the crime of bribery. d. committed the crime of fraud. http://cvg.cengagenow.com/ilrn/takeAssignment/viewAssignmentPrintableMain.do?assign... 8/29/2010 Homework Chapter 09 Page 4 of 5 14. Your answer: Martin runs an illegal gambling operation out of the back of a store that he owns. The store shows increasing profits because Martin reports the profits of his gambling operation as legitimate store income on his tax returns. Gianni is engaged insider in a. trading. b. economic espionage. c. money laundering. d. burglary. 15. Your answer: Luke and his brother Matt have robbed several stores. When they attempt to rob Al's Deli, Al shoots Matt in the foot. Matt is caught and arrested. Luke continues committing crimes, and Matt is offered immunity in return for testifying against his brother. If Matthew accepts, a. his testimony will not be used against him. b. he must assert his Fifth Amendment right against self-incrimination. c. he can assert his Fifth Amendment right against self-incrimination. d. he is immune from prosecution for a period of five years. 16. Your answer: Khoury went to a department store, spent some time shopping, and filled an empty box with $900 worth of tools. He placed the box on a shopping cart and proceeded to the checkout counter. The cashier indicated that she wanted to look inside the box before accepting Khoury's payment for other goods he had in the basket. When she did so, Khoury left the store. He was charged with larceny. He claimed that because he had not actually removed any goods from the store, he had not committed larceny. The court most likely held that Khoury was a. guilty of larceny, because he concealed the goods he was attempting to steal. b. guilty of larceny, because he moved goods from the store's control to his own with the intent of keeping them. c. not guilty of larceny, because he did not take the goods away. d. not guilty of larceny, because he did not use force. 17. Your answer: Scheutrum was killed when her car struck one of a group of horses that was roaming on the highway. The Sea Horse Ranch owned the horses, which were property of the corporation that owned the ranch. The horses frequently escaped through poorly maintained fences surrounding the ranch. Shipley, the ranch's owner and president of the corporation, had been cited by the police and the humane society for allowing his horses to run free on the highway. The state sought to prosecute both the Sea Horse Ranch and Shipley for involuntary manslaughter. Can the Sea Horse Ranch corporation be held liable for the crime? a. Yes, because a corporation can be held liable for the wrongful actions of its officers. b. Yes, because a horse is a dangerous animal. c. No, because a corporation cannot be held liable for the wrongful actions of its officers. http://cvg.cengagenow.com/ilrn/takeAssignment/viewAssignmentPrintableMain.do?assign... 8/29/2010 Homework Chapter 09 Page 5 of 5 d. No, because a corporation cannot be held liable for involuntary manslaughter. 18. Your answer: Gomez, an informant for the police, posed as an ex-convict. He urged Saldana to sell cocaine to make money. Although Saldana used cocaine, he did not want to sell it. Finally, to get Gomez to stop pestering him, Saldana agreed to sell some cocaine to Castillo, an undercover police officer. Saldana claimed that he had been entrapped. The court most likely found that Saldana was a. not guilty, because he was induced to sell the drugs. b. not guilty, because Gomez was annoying. c. guilty, because an undercover agent suggested that he sell drugs. d. guilty, because he was not induced to sell the drugs. 19. Your answer: Wilson started a fight with Harrison. Bernardy came to the defense of Harrison. Harrison knocked Wilson to the ground. Bernardy kicked Wilson several times in the head. Bernardy claimed that he believed a bystander was about to join the fight against Harrison and that he had to use force against Wilson to protect Harrison from harm. The court probably found that Bernardy's use of force was a. not justified, because Harrison was in no danger. b. not justified, because a person is liable for any crimes committed while rescuing another. c. justified, because he believed Harrison was in imminent danger. d. justified, because there were no police officers available. 20. Your answer: Slemmer was a successful stock trader and consultant for investment clubs. One club was called Profit Design Group (PDG). Slemmer set up an account for PDG with a brokerage firm. He had control of the account and could make decisions about buying and selling stocks. He was not authorized to withdraw funds from the account for his own benefit, but he did so. Slemmer made misrepresentations to the club members about the account and eventually emptied it. He was prosecuted for embezzlement. He claimed that he was not guilty because he intended to return the investors' funds. The court most likely found that Slemmer was a. guilty, because he never deposited funds to replenish the account. b. guilty, because the intent to return the embezzled property does not constitute a defense to the crime of embezzlement. c. not guilty, because he did not physically carry anything away. d. not guilty, because he did not intend to permanently deprive the members of their money. http://cvg.cengagenow.com/ilrn/takeAssignment/viewAssignmentPrintableMain.do?assign... 8/29/2010

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