1. The test used to establish one's mental state when insanity is claimed is the same regardless of the jurisdiction involved.
True
False
2. Ed goes door-to-door selling magazine subscriptions. Ed knows, however, that he is simply taking money for subscriptions and has absolutely no intention of ever arranging for the provision of magazines. Which of the following offenses, if any, has he committed?
Ponzi scheme
False token
Defalcation
False entry
False pretenses
3. Which of the following occurs when someone unlawfully enters a building with the intent to commit a felony?
Burglary
Criminal fraud
Arson
Robbery
Larceny
4. Ordinarily, to obtain an arrest warrant, a law enforcement agent must demonstrate that there is ________ that a suspect committed or is planning to commit a crime.
Suspected cause
Probable cause
Likely cause
Certainty
Information
4. Ordinarily, to obtain an arrest warrant, a law enforcement agent must demonstrate that there is ________ that a suspect committed or is planning to commit a crime.
Suspected cause
Probable cause
Likely cause
Certainty
Information
5. Which of the following is true regarding an arrest without a warrant?
A law enforcement agent can arrest a suspect without a warrant only if a felony is involved.
A law enforcement officer can arrest a suspect without a warrant only if a violent crime is involved.
A law enforcement officer may not arrest a suspect without a warrant even if the officer believes there is probable cause but insufficient time to obtain a warrant.
A law enforcement officer can arrest a suspect without a warrant only if the suspect is a repeat offender.
A law enforcement agent can arrest a suspect without a warrant if the officer believes there is probable cause but not enough time to obtain a warrant.
6. Strict liability is a term used to describe which of the following?
Actus reus.
Intentional wrongdoing.
Recklessness.
Liability without fault.
Negligence.
7. Which of the following refers to the extent to which, as a matter of policy, a defendant may be held liable for the consequences of his actions?
Legal cause.
Proximate cause.
Cause in fact.
Significant cause.
Actual cause.
8. Which of the following is a condition required for the imposition of strict liability?
The activity is heavily regulated.
The activity is so inherently dangerous that it cannot ever be safely undertaken.
The activity involves trespassing in a way that reasonably leads to fright on the part of home owners.
The activity involves negligence pertaining to the preparation of food products.
The activity is undertaken by a minor.
9. _________ torts occur when the defendant takes an action intending certain consequences will result or knowing certain consequences are likely to result.
Intentional
Strict-liability
Liability
Negligent
Criminal
10. _______________ damages are a small amount of money given to recognize that a defendant did indeed commit a tort in a case in which there were no compensable damages suffered by the plaintiff.
Nominal
Punitive
Revenge
Retaliatory
Compensatory
11. Robby calls Bobby on the telephone and threatened to come over and break his nose. Which of the following is true?
Robby's conduct does not constitute an assault because there is no question of immediate bodily harm.
Robby's conduct constitutes both a battery and an assault.
Robby's conduct constitutes a battery.
Robby's conduct does not constitute an assault because there was no physical contact.
Robby's conduct constitutes an assault.
12. Embezzlement is distinguished from larceny because in embezzlement the individual does not take the property from another and is already in possession of the property.
True
False
13. Which of the following are minor offenses usually punishable by a jail sentence of less than six months or a small fine with an example being violation of a building code?
Insignificant offenses.
Tort offenses.
Felonies.
Any business related crime.
Petty offenses.
14. Which of the following gives immunity to providers of interactive computer services for liability they might otherwise incur on account of material disseminated by them but created by others?
The Interactive Computer Services Protection Act of 2004.
The Communications Decency Act of 1996.
The Blog Protection Act of 2001.
The Internet Communications Act of 2000.
The Internet Communications Protection Act of 1998.
15. Which of the following are elements of causation?
Actual cause and significant cause.
Actual cause and clear cause.
Proximate cause and real cause.
Actual cause and proximate cause.
Proximate cause and significant cause.
16. Under which of the following does the court determine the percentage of fault of the defendant requiring that the defendant be more than 50% at fault before the plaintiff can recover?
Both modified comparative negligence and last-clear-chance.
Last-clear-chance.
Pure comparative negligence.
Modified comparative negligence.
Assumption of the risk.
17. Strict liability is liability without fault.
True
False
18. Which of the following includes destruction of a building using an explosive device?
Embezzlement
Criminal fraud
Larceny
Extortion
Arson
19. Which of the following is a doctrine available to defendants whereby a defendant may avoid liability by establishing that the plaintiff voluntarily and unreasonably encountered the risk of the actual harm that the defendant caused?
Res ipsa loquitur.
Assumption of the risk doctrine.
Last-clear-chance doctrine.
Negligence per se.
Contributory negligence doctrine.
20. Tina negligently hits student Susie with her car. Which of the following is true?
Tina has a duty to come to the aid of Susie only if no one else is willing to do so.
Tina has no duty to come to the aid of Susie.
Tina has a duty to come to the aid of Susie only if police are not on the scene within a reasonable amount of time.
Tina has a duty to come to the aid of Susie only if Susie has no insurance.
Tina has a duty to come to the aid of Susie because she negligently hit her.
21. Which of the following is punishable by imprisonment for more than one year or death?
Petty offenses.
Tort offenses.
Misdemeanor.
Any business related crime.
Felony.
22. Which of the following occurs when an individual is confined or restrained against his or her will for an appreciable period of time?
Forcible detention.
False detention.
Contained detention.
Qualified imprisonment.
False imprisonment.
23. Which of the following was the result in U.S. v. Ruiz, the case in the text involving the defending deputy superintendent of New Mexico's insurance division who was convicted of offenses including mail fraud after he told insurers that they could avoid paying the fines for violation of licensing requirements if they contributed to certain charities?
That although the defendant violated certain laws, he did not violate the mail fraud statute because he did not himself mail fraudulent solicitations which is required for the offense of mail fraud.
That proof that the defendant directed that donations be made directly to charities established the reasonably foreseeable result that the mail would be used which was sufficient evidence to support his conviction.
That because the defendant used the mail to provide the illegal option to insurers, that in and of itself was sufficient to establish mail fraud.
That although the defendant used the mail to provide the illegal option to insurers, that in and of itself was insufficient to establish mail fraud.
That proof that the defendant directed that donations be made directly to charities established the reasonably foreseeable result that the mail would be used but that such foreseeability was insufficient to support his conviction.
24. Which of the following occurs when a plaintiff expressly agrees, usually in a written contract, to assume the risk posed by the defendant's behavior?
Express assumption of the risk.
Implied assumption of the risk.
Assumption by incident.
Implied assumption of the last-clear-chance doctrine.
Express assumption of the last-clear-chance doctrine.
25. When a[n] _______________ privilege exists, one cannot be sued for defamation for any false statements made, regardless of intent or knowledge of the falsity of the claim.
Complex
Defamation
Simple
Absolute
Compounded
26. Under the common law, a corporation could not be considered a criminal because it was not an actual person and, thus, did not have a mind.
True
False
27. Which of the following was passed largely in response to business scandals of the early 2000's, such as those implicated by Enron, WorldCom, Global Crossing, and Arthur Anderson?
The False Claims Act.
RICO.
The Medicare Recovery Act.
The Healthcare Fraud Act.
The Sarbanes-Oxley Act.
28. Which of the following is a tort?
A civil or criminal action in state court or federal court.
A civil or criminal action in state court.
A breach of contract.
A wrong or injury to another, including a breach of contract.
A wrong or injury to another, other than a breach of contract.
29. Which of the following occurs when a defendant makes a first appearance?
A magistrate determines whether the defendant was properly arraigned but not whether the defendant was properly booked.
A magistrate determines whether there was probable cause for the arrest.
A magistrate determines whether the defendant was properly booked and also whether the defendant was properly arraigned.
A magistrate determines whether there was proof beyond a reasonable doubt for the arrest.
A magistrate determines whether the defendant was properly booked but not whether the defendant was properly arraigned.
30. Under our criminal laws that exist today, white-collar crime is not punishable by imprisonment.
True
False
31. Which of the following is an investment swindle in which high profits are promised from fictitious sources and early investors are paid off with funds raised from later investors?
False token
False pretenses
False entries
Pretexting
Ponzi scheme
32. What was the result in the case of U.S. v. Park, the case in which the defendant, the president of a national food-chain corporation, claimed he should not be held liable for allowing food in a warehouse to be exposed to rodent contamination because he had delegated responsibility to subordinates?
The court refused to dismiss claims against him because of insufficient proof of delegation.
The court refused to dismiss claims against him because the offense was a strict liability offense.
The court dismissed all claims against him because of insufficient proof of negligence.
The court dismissed all claims against him because of insufficient proof that he had actively allowed contamination.
The court refused to dismiss claims against him because of proof that he had responsibility and authority to prevent the contamination or to correct it and failed to do so.
33. Which of the following is defamation of a business product or service?
Abuse of title.
Derogation.
Disparagement.
Conversion.
Interference with a contract.
34. Which of the following are defenses to an action for libel brought by a public figure in the United Kingdom regarding a statement made in the United Kingdom?
Only that the statements were made in court.
That the statements were made in Parliament or court.
That the statements were true, that the statements were made in Parliament, or that the statements were made in court.
Only that the statements were true.
Only that the statements were made in Parliament.
35. Which of the following is a person who illegally accesses or enters another person's or a company's computer system to obtain information or to steal money?
Illicit user
Backer
Reacher
Trespasser
Hacker
36. Which of the following is generally true regarding a storekeeper who detains a suspected shoplifter?
There is no special rule for shopkeepers. Shopkeepers commit the tort of false imprisonment if they detain anyone even if that person is suspected of shoplifting. Instead, the police should be called.
Whenever a retailer has a reason to believe that a person is guilty of shoplifting, the store may detain the person for any length of time but may not ask any questions prior to the arrival of the police.
When a retailer has a reason to believe that a person is guilty of shoplifting, the store may question the person about said shoplifting in a reasonable manner and for a reasonable length of time.
The shopkeeper may detain a shoplifter but for no longer than 20 minutes because by law it is assumed that it should take no longer than that amount of time for law enforcement officers to arrive.
The shopkeeper may detain the shoplifter only for a reasonable length of time but may not ask any questions prior to the arrival of the police.
37. In most states, proximate cause is determined by _______.
Actual cause
Strict liability
But-for causation
Common law
Foreseeability
38. Simply offering a better deal is not enough to create liability for intentional interference with contract when only a prospective contract exists.
True
False
39. ________ torts occur when the defendant takes an action that is inherently dangerous and cannot ever be undertaken safely, no matter what precautions the defendant takes.
Negligent
Intentional
Criminal
Liability
Strict-liability
40. The ________ standard is a measurement of the way members of society expect an individual to act in a given situation.
Without error
Reasonable person
Above-average person
Perfect accountability
Reasonable accountability
41. A defendant who argues that commission of a crime was necessary to prevent a more severe crime from occurring is relying upon the defense of _______.
Entrapment
Inescapable action
Justifiable use of force
Duress
Necessity
42. Which of the following are considered infants under the law in regards to criminal activity?
Any child five and under.
Any child sixteen and under.
Any child twelve and under.
Any person under the age of majority.
Any child ten and under.
43. When would a defendant use the doctrine of res ipsa loquitur?
To allow the judge and jury to presume the plaintiff is guilty of contributory negligence.
To allow the judge and jury to infer that more likely than not, the defendant's negligence was the cause of the plaintiff's harm, even though no direct evidence of the defendant's lack of due care existed.
To allow the judge to hold the defendant liable under a strict liability theory.
To allow the judge and jury to presume the plaintiff destroyed evidence.
To allow the judge and jury to infer that more likely than not, the defendant's negligence was not the cause of the plaintiff's harm.
44. In which of the following involves tricking consumers into changing their phone service to another carrier without their consent?
Fraudulent adding
Slamming
Cramming
Fraudulent transfer
Stuffing
45. A defendant can use the _____ defense if the idea for a crime originated not with the defendant but with a police officer or other government official who suggested it to the defendant, and the defendant would not otherwise have committed the crime.
Inescapable action
Entrapment
Justifiable use of force
Necessity
Duress
46. The primary type of damages in tort law is referred to as _____.
Compensatory damages
Accrual damages
Punitive damages
Nominal damages
Perspective damages
47. At trial a defense lawyer states that evidence should not be admitted because it is "fruit of the poisonous tree." Upon which of the following is the attorney relying?
The Eve Rule.
The exclusionary rule.
The Adam Rule.
The Fourth Amendment Rule.
The Eden Rule.
48. Which of the following is true regarding the manner in which the exclusionary rule is derived from the U.S. Constitution?
It is specifically set forth in the Fourth Amendment.
It is specifically set forth in the Sixth Amendment.
No section of the U.S. Constitution specifically states the provisions of the exclusionary rule.
It is specifically set forth in the Fifth Amendment.
It is specifically set forth in the Eighth Amendment.
49. Which of the following is true regarding the Fourteenth Amendment?
It is part of the Bill of Rights.
It is not a part of the Bill of Rights and it extends federal guarantee of due process and most constitutional protections to all states.
It is a part of the Bill of Rights, its protections apply at the federal level, and its protections also apply at the state level.
Its safeguards only apply at the federal level.
It is a part of the Bill of Rights, and its protections apply only at the federal level.
50. The use of moral pressure is insufficient to establish false imprisonment.
True
False