BLAW Test 2

BLAW Test 2 - Chapter 6 1. Sale of alcohol to a minor would...

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Chapter 6 1. Sale of alcohol to a minor would be an example of criminal liability without criminal intent a. True a.i. This would be an example of a violation of a state statute prohibiting sale of alcohol to minors. The intent of the clerk does not matter. 2. Corporations may be held criminally liable for a crime a. True a.i. Although corporations cannot be put in prison to sanction them for crimes, corporations can be held to have the requisite intent to commit crimes. This intent can be proven to exist through the actions of boards of directors or corporate officers. 3. A misdemeanor is a crime punishable by a fine or imprisonment in a local jail a. True a.i. Misdemeanors are generally the less serious of crimes. Punishment or sanctions for misdemeanors are therefore less burdensome to the convict. 4. Subjective crimes include crimes in which the perpetrator may have acted recklessly. a. True a.i. Subjective-fault crimes are crimes in which the degree of mental fault that must be proven may be purposeful, knowing, or reckless. 5. Examples of mala in se crimes include: a. Burglary a.i. Burglary, which is a theft crime, is morally wrong. In most, if not all, cultures around the world stealing is considered wrong in itself. Mala in se crimes are crimes that are wrong in and of themselves. 6. Which of the following statements is true about computer crime? a. Many businesses do not report computer crime. a.i. Businesses are underreporting computer crime because they do not want the confidence of customers to be undermined. Computer crime has become commonplace. 7. The RICO Act is : a. federal legislation that includes both criminal and civil aspects. a.i. The Racketeering and Corrupt Organizations Act (RICO) subjects enterprises that engage in a pattern of racketeering to severe criminal and civil penalties. 8. False pretenses can be described as: a. A property crime a.i. False pretenses is the crime of obtaining title to property of another by making materially false representations of existing fact, with knowledge of the falsity of the statement and with intent to defraud. 9. The exclusionary rule is found in the: a. Fourth Amendment a.i. The exclusionary rule, which prohibits evidence at trial that is obtained illegally, is found in the Fourth Amendment. 10. The right to a speedy trial is found in the: a. Sixth Amendment a.i. The right to a speedy trial is found in the Sixth Amendment.
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Chapter 9 1. A party to a void contract is legally required to perform the specified contractual duties a. False a.i. A void contract does not legally exist; therefore there are no contractual duties required of either party. 2. Breach is defined as remedies provided for by the court a. False a.i. A breach of contract is defined as a failure to properly perform promises which are enforceable in a court of law. 3.
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BLAW Test 2 - Chapter 6 1. Sale of alcohol to a minor would...

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