Mann_BLRB 9_TB_Ch06

Business Law and the Regulation of Business

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Chapter 6—Criminal Law TRUE/FALSE 1. The burden of proof in a criminal case is the same as that in a civil case. ANS: F MSC: AACSB Analytic 2. Corporations may be held criminally liable. ANS: T MSC: AACSB Analytic 3. Mala in se crimes are those crimes that are not morally wrong but are declared wrongful by the legis- lature. ANS: F MSC: AACSB Analytic 4. If Gene mistakenly hits Audrey with his truck and kills her, when he intended to hit and kill Cerise, his intent to kill Cerise is transferred to Audrey, regardless of whether he even knew Audrey, for the pur- pose of fulfilling the mental element of the crime. ANS: T MSC: AACSB Analytic 5. RICO provides for criminal penalties, but contains no provision for civil penalties. ANS: F MSC: AACSB Analytic 6. Misdemeanors are less serious crimes punishable by a fine or imprisonment in a local jail. ANS: T MSC: AACSB Analytic 7. A felony is a more serious type of crime than a misdemeanor. ANS: T MSC: AACSB Analytic 8. Under the United States legal system, guilt is never presumed by the court. ANS: T MSC: AACSB Analytic 9. The Fifth Amendment would protect a defendant from having to give blood samples to the prosecution since it would be a form of self-incrimination as interpreted by the courts. ANS: F MSC: AACSB Analytic 10. Robbery is a larceny accompanied by force or a threat of force. ANS: T MSC: AACSB Analytic 11. The key distinction between larceny and embezzlement is whether the person taking the property has the intent to deprive the victim permanently of the goods. ANS: F MSC: AACSB Analytic
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12. In the People v. Farell case, the court looked first to the words of the statute itself to determine legis- lative intent and determined that the theft statute applied to trade secrets as well as money. ANS: T MSC: AACSB Analytic 13. Civil law is a part of public law, whereas criminal law is a part of private law. ANS: F MSC: AACSB Analytic 14. Bill has had a problem with vandalism at his business, so he rigs up a spring gun at the entryway to his store, so that any after-hours intruder will be shot upon entry. Bill may legally use this deadly force to protect his business. ANS: F MSC: AACSB Analytic 15. Kim offered $50,000 to the vice president of operations of ChemKore Co. to induce her to divulge a secret process. In some states Kim would be guilty of commercial bribery. ANS: T MSC: AACSB Analytic 16. The defendant must testify in a criminal proceeding. ANS: F MSC: AACSB Analytic 17. The Fifth Amendment protects all individuals against unreasonable searches and seizures. ANS: F MSC: AACSB Analytic 18. A crime is an act or omission in violation of public law and punishable by the government. ANS: T MSC: AACSB Analytic 19. The American Law Institute's Model Penal Code provides that a corporation cannot be convicted of a criminal offense for the conduct of its employees or board of directors. ANS: F
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Mann_BLRB 9_TB_Ch06 - Chapter 6-Criminal Law TRUE/FALSE 1....

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