CBP Officer Entrance Exam Practice &
Preparation
1. Often, crimes are characterized as either
From the information
malum in se—inherently evil—or malum
giv- en above, it can
prohibitum—criminal because they are declared
be validly concluded
as offenses by a legislature. Murder is an that
example of the former. Failing to file a tax
return illustrates the latter. Some jurisdictions some jurisdictions still
no longer distinguish between crimes malum in dis- tinguish between
se and malum prohibitum, although many still crimes malum in se
do. and malum
prohibitum
2. A trucking company can act as a common From the information
carrier—for giv-
hire to the general public at published rates. As a com- en above, it
can be valid-
mon carrier, it is liable for any cargo damage, unless ly concluded that,
in refer-
the company can show that it was not negligent. If the ence to the
accident,
company can demonstrate that it was not negligent,
then it is not liable for cargo damage. In if Claus Inc. can show
contrast, a that
contract carrier (a trucking company hired by a shipper it was not
negligent, then it
under a specific contract) is only responsible for 3. A rapidly
cargo damage as spelled out in the contract. A changing
Claus Inc. tractor-trailer, acting under common technical
carrier authority, was in a 5- vehicle accident environmen
that damaged its cargo. A Nichols Inc. tractor- t in govern-
trailer, acting under contract carrier authority, ment is
was involved in the same accident, and its promoting
cargo was also damaged. greater
reliance on
1/
5
, CBP Officer Entrance Exam Practice &
Preparation
electronic mail is not liable
From the information
giv- en above, it
CANNOT be
(email) systems. As this usage grows, there are increas- validly
concluded that
ing chances of conflict between the users' expectations
of privacy and public access rights. In some some e-mail
investiga- tions, access to all e-mail, including messages that have
those messages been request-
stored in archival files and messages outside the scope ed as part
of investigations
of the investigation, has been sought and have contained
granted. messages
2/
5
Preparation
1. Often, crimes are characterized as either
From the information
malum in se—inherently evil—or malum
giv- en above, it can
prohibitum—criminal because they are declared
be validly concluded
as offenses by a legislature. Murder is an that
example of the former. Failing to file a tax
return illustrates the latter. Some jurisdictions some jurisdictions still
no longer distinguish between crimes malum in dis- tinguish between
se and malum prohibitum, although many still crimes malum in se
do. and malum
prohibitum
2. A trucking company can act as a common From the information
carrier—for giv-
hire to the general public at published rates. As a com- en above, it
can be valid-
mon carrier, it is liable for any cargo damage, unless ly concluded that,
in refer-
the company can show that it was not negligent. If the ence to the
accident,
company can demonstrate that it was not negligent,
then it is not liable for cargo damage. In if Claus Inc. can show
contrast, a that
contract carrier (a trucking company hired by a shipper it was not
negligent, then it
under a specific contract) is only responsible for 3. A rapidly
cargo damage as spelled out in the contract. A changing
Claus Inc. tractor-trailer, acting under common technical
carrier authority, was in a 5- vehicle accident environmen
that damaged its cargo. A Nichols Inc. tractor- t in govern-
trailer, acting under contract carrier authority, ment is
was involved in the same accident, and its promoting
cargo was also damaged. greater
reliance on
1/
5
, CBP Officer Entrance Exam Practice &
Preparation
electronic mail is not liable
From the information
giv- en above, it
CANNOT be
(email) systems. As this usage grows, there are increas- validly
concluded that
ing chances of conflict between the users' expectations
of privacy and public access rights. In some some e-mail
investiga- tions, access to all e-mail, including messages that have
those messages been request-
stored in archival files and messages outside the scope ed as part
of investigations
of the investigation, has been sought and have contained
granted. messages
2/
5
