Part 1 1- Biff wrongfully takes an unopened carton from a Cold Storage Warehouse loading dock, puts the carton in his car, and drives away. This is a. burglary. c. larceny. d. no crime. 2- On the orders of their corporate employer, Della and Efron, employees of Fabulous Fashionista, a clothing store, switch trademarks on clothing that comes into the store to be sold to consumers. This is b. larceny. c. obtaining goods by false pretenses. d. no crime. 3- Riley, a State Bank employee, deposits into his account checks that are given to him by bank customers to deposit into their accounts. This is b. larceny. c. money laundering. d. no crime. 4- Yvon is charged with the crime of theft for taking Zach's briefcase, which Yvon mistakenly thought was hers. A mistake of fact is a defense a. if the fact was not reasonably made known to the public. b. if the mistake negates the mental state necessary to commit a crime. c. if the perpetrator was intoxicated. 5- The police arrest Lou, who confesses to a crime. Later, Lou refutes the confession and demands a trial, at which witnesses testify they saw him commit the crime. Lou is convicted and sentenced. The U.S. Constitution provides safeguards against all of the following except b. not being allowed to question witnesses. c. punishment. d. self-incrimination. 6- Leah gains access to government records and alters certain dates and amounts in her favor. This is b. forgery. c. larceny. d. no crime. Part 2: 1- Doyle steals Carmen's computer and its software. This is computer crime in which the computer is a. the object of the crime. c. the instrument of the crime. d. irrelevant to the crime. 2- Elisa steals Filbert's personal information from Filbert's computer. This is computer crime in which the computer is a. the object of the crime. b. the subject of the crime. d. irrelevant to the crime. 3- Julio meets Inez on Hello!, a social networking Web site. Inez asks Julio to pay her expenses to travel to meet him in Center City. He sends the funds, but she does not make the date. This is a. online embarrassment but not fraud. c. an online wake-up call but not fraud. d. online fraud. 4- Rossi uses cyber tools to steal the personal information of unsuspecting consumers online. Like other cyber thieves, Rossi is most likely to a. sell the data to other thieves online. c. use the data in retail outlets in the "real" world. d. sell the data on a street corner in the "real" world. 5- Nestor establishes a phony account in Meet+Greet, a social network, and creates a fictitious persona to cyberbully Leona. This is a. cyber stalking. b. employment fraud. d. vishing. 6- Impersonating Sophie, Ralph makes provocative comments online that deceive others into threatening Sophie, putting her in reasonable fear for her safety. Under federal law, this is b. a crime only if Sophie and Ralph are in the same jurisdiction. c. not a crime. d. a crime. 7- Case 7-1 (Questions 14-15 apply) Minka uses her computer to secretly install software on hundreds of personal computers without their owners' knowledge. Refer to Case 7-1. Each of the computers that Minka has appropriated and installed software on is a. a hacker. b. a bot. d. a worm. 8- Refer to Case 7-1. Minka's software is harmful to the computers on which she installed it. This program is a. malware. b. badware. d. infectware. 9- Boris programs software to prompt a computer to continually crash and reboot. Boris's goal is to install this program on various companies' computer systems without the companies' knowledge. The program can reproduce itself, but must be attached to a host file to travel from one computer network to another. This program is a. a hacker. b. a bot. c. a virus. 10- Gladstone regularly sends unsolicited commercial e-mail to hundreds of millions of recipients. This e-mail is prohibited or regulated in a. most states. b. only a few states. c. no state. 11- Ollie transmits unsolicited ads to millions of virtual mailboxes, using misleading and deceptive information, including false return addresses. Under federal law, this is a. a crime only if the recipients previously asked to be "opted out." b. a crime only if HHH and the recipients are in foreign jurisdictions. d. a crime. 12- Jaime operates Internet gambling sites in countries where this is legal. Jaime accepts e-payments at the sites and pays winnings through foreign-based banks. U.S. federal law bars a. using e-payments at online gambling sites. b. placing bets in countries where Internet gambling is legal. c. paying gambling winnings through foreign-based banks. 13- Patricia commits an act via e-mail against Othman Finance Company, a business in California, where the act is a cyber crime. Patricia resides in New York where the act is not a crime. Prosecution of Patricia in California involves questions of a. jurisdiction. b. "maximum contacts." d. encryption. Part 3: 1- Peter offers to pay Quik Delivery (QD) $50 if it picks up and delivers to him a package from Rico within 30 minutes. QD can accept the offer only by meeting the deadline. If QD performs as directed, these parties will have a. a bilateral contract. c. a unilateral contract. d. no contract. 2- Bay City Construction, Inc., a contractor, asks Cool Electric, a subcontractor, to provide certain services. Nothing is expressed about payment. Cool provides the services, but Bay City refuses to pay. In Cool's suit to recover, the chief issue is most likely to be whether these parties had a. a formal contract. c. an implied-in-fact contract. d. a voidable contract. 3- Avatar, Inc., and Bling Corporation sign a contract in which Avatar agrees to deliver t-shirts emblazoned with video game characters in exchange for Bling's promise to pay. Avatar delivers. The contract is a. voidable. b. executed. d. executory. 4- Dot, a real estate agent, tells Elbert, a home seller, that her commission is 12 percent. Elbert agrees that Dot can sell his house but refuses to sign a contract unless the amount of the commission is reduced. After the house is sold, Elbert refuses to pay 12 percent. Dot is most likely to recover a. nothing. c. on a theory of an implied-in-fact contract. d. on a theory of quasi contract. 5- Grant offers to sell his Honda Civic for $10,000 to Ivy. Referring to the prices for similar Hondas, Ivy says, "I'll pay no more than $5,000." Grant says, "Forget it." Grant's offer was terminated by b. Honda. c. Ivy. d. no one-Grant's offer is still open. 6- Wally's Warehouse offers to sell a certain used forklift to Value Lumber Outlet, but it is stolen before Value accepts. Most likely, Wally's must obtain b. a forklift for Value if it still wants one. c. nothing for Value because that would extend the time of the offer. d. nothing for Value because the theft terminated the offer. 7- Fabio, a user of GameCenter.com's Web site, can download gaming software for free if he first clicks on "I accept" after viewing certain terms. This is a. a contract that does not include the terms. b. a contract that includes the terms. d. unenforceable. 8- Mica buys "Nature," a movie, through Open View, an online entertainment vendor. Before completing the purchase and downloading "Nature," Mica must review a warning not to make and sell a copy of it. This warning is a. a browse-wrap term. b. a click-on agreement. c. a shrink-wrap agreement. 9- Overnight Delivery Service delivers a package to Pam. At the request of Overnight's delivery person, to acknowledge receipt Pam signs a digital pad. This signing creates b. a digitized handwritten signature. c. an asymmetric cryptosystemic signature. d. a public-key infrastructure digital signature. 10- Quality Steel Corporation files a suit against Rite Tool Company, claiming that the consideration for their contract is inadequate. The court will most likely not examine the adequacy of the consideration if b. Rite Tool asserts that there is adequate consideration. c. something of value passed between the parties. d. the consideration is worth more than $100. 11- Refer to Case 8-1. "Adequacy" of consideration refers to a. "how much" consideration is given. b. legally sufficient value in the eyes of the law. c. the intangible value to a contracting party of a thing exchanged. 12- Refer to case 8-1 If, as Brad claims, the consideration in this problem is inadequate, it may indicate a lack of a. accord in Brad's satisfaction with the value of the deal. b. bargained-for exchange or mutual assent. c. flexibility on the part of College Credit to accommodate Brad's needs. 13- Webline Retail Sales, Inc., promises its salaried employees a bonus at the end of the year if management thinks it is warranted. This promise is b. unenforceable because it is not supported by consideration. c. unenforceable because the dollar amount is missing. d. unenforceable because the employees are paid salaries.