BUS 8 STUDY GUIDE EXAM 2
The Legal Environment of Business and Online Commerce, 7e (Cheeseman)
Chapter 7 Criminal Law and Cyber Crimes
1) A person charged with a crime in the United States is presumed guilty until proven innocent.
Answer: FALSE
2) A crime is the violation of a statute for which the government imposes a punishment.
Answer: TRUE
3) If the accused cannot afford a private defense lawyer, the government will provide one free of
charge.
Answer: TRUE
4) In a criminal lawsuit, the government is represented by a lawyer called defense attorney.
Answer: FALSE
5) Monetary damages and equitable remedies are provided in a civil lawsuit.
Answer: TRUE
6) In a criminal lawsuit, guilt has to be proven beyond any reasonable doubt.
Answer: TRUE
7) A civil lawsuit does not require a unanimous jury vote.
Answer: TRUE
8) A nolo contendere plea can be used as evidence of liability against the accused at a subsequent
civil trial.
Answer: FALSE
9) The case against the accused is dismissed if neither an indictment nor information statement is
issued.
Answer: TRUE
10) An indictment is a charge of guilt against the defendant.
Answer: FALSE
11) If a defendant is found not guilty in a criminal case, the government can retry the case with a
new jury.
Answer: FALSE
12) Theft committed by an unauthorized entry through an unlocked door would be considered
burglary.
Answer: TRUE
13) Crimes committed by businesspersons are referred to as blue-collar crimes.
Answer: FALSE
14) The offeror cannot be found liable for the crime of bribery if the person to whom the bribe is
offered rejects the bribe.
,BUS 8 STUDY GUIDE EXAM 2
Answer: FALSE
15) Extortion of private persons is commonly referred to as blackmail.
Answer: TRUE
16) Extortion of public officials is called extortion under color of official right.
Answer: TRUE
17) Criminal fraud is the crime of obtaining title to property through deception or trickery.
Answer: TRUE
18) The government can forfeit any property involved in a money laundering offense.
Answer: TRUE
19) The Racketeer Influenced and Corrupt Organizations Act (RICO) applies only to organized
crimes.
Answer: FALSE
20) Persons injured by a RICO violation can bring a private civil RICO action against the
violator.
Answer: TRUE
21) In a criminal conspiracy crime, the commission of the act is not necessary.
Answer: TRUE
22) The Fifth Amendment protects people from unreasonable search and seizure by the
government.
Answer: FALSE
23) Warrantless searches are permitted where it is likely that evidence will be destroyed.
Answer: TRUE
24) The exclusionary rule allows for evidences obtained from an unreasonable search and seizure
to be introduced in trial.
Answer: FALSE
25) 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
26) Corporations and businesses can seek protection under privilege against self-incrimination.
Answer: FALSE
27) Obtaining nontestimonial evidences like fingerprint and body fluids violates the privilege
against self-incrimination provision.
Answer: FALSE
28) A confession obtained from a person who has not been read the Miranda rights is not
admissible in court.
,BUS 8 STUDY GUIDE EXAM 2
Answer: TRUE
29) The Miranda Rights assures the arrested that a lawyer will be appointed to the arrested if he
or she cannot afford one.
Answer: TRUE
30) The attorney-client privilege can only be raised by the defendant.
Answer: FALSE
31) A suspect can assert his Fifth Amendment privilege even after he is given a grant of
immunity.
Answer: FALSE
32) The Fourth Amendment protects people from being tried twice for the same crime.
Answer: FALSE
33) A defendant is protected by the Double Jeopardy Clause if his case reaches a hung jury.
Answer: FALSE
34) A collection of criminal statutes is referred to as a(n) .
A) bill
B) constitution
C) penal code
D) charter
Answer: C
35) include environmental laws, securities laws, and antitrust laws and provide for
criminal violations and penalties.
A) Constitutions
B) Regulatory statutes
C) Resolutions
D) Charters
Answer: B
36) Who is the plaintiff in a criminal lawsuit?
A) the government
B) the respondent
C) a private party
D) the victim
Answer: A
37) In the United States, what recourse does an accused person have in case he cannot afford a
private defense lawyer?
A) He will have to spend his time in jail till he can collect enough money to afford one.
B) A public defender will be appointed to the accused by the government for a nominal fee.
C) He will have to defend himself when the trial starts.
D) The government will provide an attorney for the accused free of charge.
Answer: D
, BUS 8 STUDY GUIDE EXAM 2
38) are the most serious of crimes, and are considered to be inherently evil.
A) Felonies
B) Infractions
C) Misdemeanors
D) Summary offences
Answer: A
39) A(n) is considered a less serious crime; not inherently evil but prohibited by
society; and is punishable by fines or imprisonment for one year or less.
A) misdemeanor
B) indictable offence
C) felony
D) violation
Answer: D
40) A person found speeding is considered to have committed a(n) .
A) misdemeanor
B) felony
C) violation
D) indictable offence
Answer: C
41) 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) specific intent crime
D) nonintent crime
Answer: D
42) Which two elements are required to find a defendant guilty of an intent crime?
A) victim and criminal intent
B) motive and criminal intent
C) criminal act and criminal intent
D) criminal act and proof of gain
Answer: C
43) crimes require that the perpetrator either knew or should have known that his or
her actions would lead to harmful results.
A) Nonintent
B) Specific intent
C) General intent
D) Explicit intent
Answer: C
44) When is a criminal said to be judgment proof?
A) when the criminal has not been read his Fifth Amendment rights prior to his arrest
The Legal Environment of Business and Online Commerce, 7e (Cheeseman)
Chapter 7 Criminal Law and Cyber Crimes
1) A person charged with a crime in the United States is presumed guilty until proven innocent.
Answer: FALSE
2) A crime is the violation of a statute for which the government imposes a punishment.
Answer: TRUE
3) If the accused cannot afford a private defense lawyer, the government will provide one free of
charge.
Answer: TRUE
4) In a criminal lawsuit, the government is represented by a lawyer called defense attorney.
Answer: FALSE
5) Monetary damages and equitable remedies are provided in a civil lawsuit.
Answer: TRUE
6) In a criminal lawsuit, guilt has to be proven beyond any reasonable doubt.
Answer: TRUE
7) A civil lawsuit does not require a unanimous jury vote.
Answer: TRUE
8) A nolo contendere plea can be used as evidence of liability against the accused at a subsequent
civil trial.
Answer: FALSE
9) The case against the accused is dismissed if neither an indictment nor information statement is
issued.
Answer: TRUE
10) An indictment is a charge of guilt against the defendant.
Answer: FALSE
11) If a defendant is found not guilty in a criminal case, the government can retry the case with a
new jury.
Answer: FALSE
12) Theft committed by an unauthorized entry through an unlocked door would be considered
burglary.
Answer: TRUE
13) Crimes committed by businesspersons are referred to as blue-collar crimes.
Answer: FALSE
14) The offeror cannot be found liable for the crime of bribery if the person to whom the bribe is
offered rejects the bribe.
,BUS 8 STUDY GUIDE EXAM 2
Answer: FALSE
15) Extortion of private persons is commonly referred to as blackmail.
Answer: TRUE
16) Extortion of public officials is called extortion under color of official right.
Answer: TRUE
17) Criminal fraud is the crime of obtaining title to property through deception or trickery.
Answer: TRUE
18) The government can forfeit any property involved in a money laundering offense.
Answer: TRUE
19) The Racketeer Influenced and Corrupt Organizations Act (RICO) applies only to organized
crimes.
Answer: FALSE
20) Persons injured by a RICO violation can bring a private civil RICO action against the
violator.
Answer: TRUE
21) In a criminal conspiracy crime, the commission of the act is not necessary.
Answer: TRUE
22) The Fifth Amendment protects people from unreasonable search and seizure by the
government.
Answer: FALSE
23) Warrantless searches are permitted where it is likely that evidence will be destroyed.
Answer: TRUE
24) The exclusionary rule allows for evidences obtained from an unreasonable search and seizure
to be introduced in trial.
Answer: FALSE
25) 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
26) Corporations and businesses can seek protection under privilege against self-incrimination.
Answer: FALSE
27) Obtaining nontestimonial evidences like fingerprint and body fluids violates the privilege
against self-incrimination provision.
Answer: FALSE
28) A confession obtained from a person who has not been read the Miranda rights is not
admissible in court.
,BUS 8 STUDY GUIDE EXAM 2
Answer: TRUE
29) The Miranda Rights assures the arrested that a lawyer will be appointed to the arrested if he
or she cannot afford one.
Answer: TRUE
30) The attorney-client privilege can only be raised by the defendant.
Answer: FALSE
31) A suspect can assert his Fifth Amendment privilege even after he is given a grant of
immunity.
Answer: FALSE
32) The Fourth Amendment protects people from being tried twice for the same crime.
Answer: FALSE
33) A defendant is protected by the Double Jeopardy Clause if his case reaches a hung jury.
Answer: FALSE
34) A collection of criminal statutes is referred to as a(n) .
A) bill
B) constitution
C) penal code
D) charter
Answer: C
35) include environmental laws, securities laws, and antitrust laws and provide for
criminal violations and penalties.
A) Constitutions
B) Regulatory statutes
C) Resolutions
D) Charters
Answer: B
36) Who is the plaintiff in a criminal lawsuit?
A) the government
B) the respondent
C) a private party
D) the victim
Answer: A
37) In the United States, what recourse does an accused person have in case he cannot afford a
private defense lawyer?
A) He will have to spend his time in jail till he can collect enough money to afford one.
B) A public defender will be appointed to the accused by the government for a nominal fee.
C) He will have to defend himself when the trial starts.
D) The government will provide an attorney for the accused free of charge.
Answer: D
, BUS 8 STUDY GUIDE EXAM 2
38) are the most serious of crimes, and are considered to be inherently evil.
A) Felonies
B) Infractions
C) Misdemeanors
D) Summary offences
Answer: A
39) A(n) is considered a less serious crime; not inherently evil but prohibited by
society; and is punishable by fines or imprisonment for one year or less.
A) misdemeanor
B) indictable offence
C) felony
D) violation
Answer: D
40) A person found speeding is considered to have committed a(n) .
A) misdemeanor
B) felony
C) violation
D) indictable offence
Answer: C
41) 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) specific intent crime
D) nonintent crime
Answer: D
42) Which two elements are required to find a defendant guilty of an intent crime?
A) victim and criminal intent
B) motive and criminal intent
C) criminal act and criminal intent
D) criminal act and proof of gain
Answer: C
43) crimes require that the perpetrator either knew or should have known that his or
her actions would lead to harmful results.
A) Nonintent
B) Specific intent
C) General intent
D) Explicit intent
Answer: C
44) When is a criminal said to be judgment proof?
A) when the criminal has not been read his Fifth Amendment rights prior to his arrest
