Legal Environment Today Summarized Case 8th Edition Miller Test Bank Download

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Case 8th Edition Miller 130526276X 9781305262768

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True / False
1. A crime can be committed only against persons.

a. True
b. False
ANSWER: False
POINTS: 1
DIFFICULTY: Easy
REFERENCES: Civil Law and Criminal Law
LEARNING OBJECTIVES: LO - 1
NATIONAL STANDARDS: United States - BUSPROG - Analytic - Business knowledge and analytic skills
LOCAL STANDARDS: United States - OH - Default City - AICPA Legal
KEYWORDS: Bloom's: Knowledge
2. Criminal law spells out the duties that exist between persons or between citizens and their governments.
a. True
b. False
ANSWER: False
POINTS: 1
DIFFICULTY: Easy
3. Public officials prosecute criminal defendants

a. True
b. False
ANSWER: True
POINTS: 1
DIFFICULTY: Easy
4. A criminal case must be proved beyond a reasonable doubt.
a. True
b. False
ANSWER: True
POINTS: 1
DIFFICULTY: Easy
5. One purpose of criminal sanctions is to deter others from committing similar crimes in the future.
a. True
b. False
ANSWER: True
POINTS: 1
DIFFICULTY: Easy
6. The crime of theft requires the taking of property, without regard to whether the perpetrator knew it belonged to
another.
a. True
b. False
ANSWER: False
POINTS: 1
DIFFICULTY: Easy
REFERENCES: Criminal Liability
7. Corporations, like persons, can be liable for crimes.

a. True
b. False
ANSWER: True
POINTS: 1
DIFFICULTY: Easy
8. Larceny relies on fear and force.

a. True
b. False
ANSWER: False
POINTS: 1
DIFFICULTY: Easy
REFERENCES: Types of Crimes
9. Picking pockets is larceny.

a. True
b. False
ANSWER: True
POINTS: 1
DIFFICULTY: Easy
10. Counterfeiting is robbery

a. True
b. False
ANSWER: False
POINTS: 1
DIFFICULTY: Easy
LOCAL STANDARDS: United States - OH - Default City - AICPA Critical Thinking
11. Falsifying public records is forgery
a. True
b. False
ANSWER: True
POINTS: 1
DIFFICULTY: Easy
12. A bank employee stealing funds from a client is an example of embezzlement.

a. True
b. False
ANSWER: True
POINTS: 1
DIFFICULTY: Easy
13. Crimes occurring in a business context are popularly referred to as white-collar crime.
a. True
b. False
ANSWER: True
POINTS: 1
DIFFICULTY: Easy
14. Embezzlement can be committed only by physically taking property from the possession of another.
a. True
b. False
ANSWER: False
POINTS: 1
DIFFICULTY: Easy
15. It is not a crime to defraud the public through the use of ads on television.
a. True
b. False
ANSWER: False
POINTS: 1
DIFFICULTY: Easy
16. The crime of bribery occurs when the bribe is offered.

a. True
b. False
ANSWER: True
POINTS: 1
DIFFICULTY: Easy
17. Bribing foreign officials to obtain favorable business contracts is not a crime.
a. True
b. False
ANSWER: False
POINTS: 1
DIFFICULTY: Easy
18. Divestiture of a business interest is a possible penalty under RICO.

a. True
b. False
ANSWER: True
POINTS: 1
DIFFICULTY: Easy
19. In some states, misdemeanors are punishable by imprisonment for up to 10 years.

a. True
b. False
ANSWER: False
POINTS: 1
DIFFICULTY: Easy
20. Felonies are punishable by imprisonment for more than a year or death.
a. True
b. False
ANSWER: True
POINTS: 1
DIFFICULTY: Easy
21. Someone suffering from a mental illness may be incapable of the state of mind to commit a crime.
a. True
b. False
ANSWER: True
POINTS: 1
DIFFICULTY: Easy
REFERENCES: Defenses to Criminal Liability
22. Ordinarily, “ignorance of the law” is a valid defense to criminal liability.

a. True
b. False
ANSWER: False
POINTS: 1
DIFFICULTY: Easy
23. Most crimes must be prosecuted within a certain number of years after the crimes occur.
a. True
b. False
ANSWER: True
POINTS: 1
DIFFICULTY: Easy
24. There is at least one circumstance in which a person cannot refuse to testify on Fifth Amendment grounds.
a. True
b. False
ANSWER: True
POINTS: 1
DIFFICULTY: Easy
25. Constitutional safeguards protect the rights of individuals against federal government actions.
a. True
b. False
ANSWER: True
POINTS: 1
DIFFICULTY: Easy
26. Under the Fourth Amendment, a general search warrant and a general search through a person’s belongings are
permitted.
a. True
b. False
ANSWER: False
POINTS: 1
DIFFICULTY: Easy
REFERENCES: Criminal Procedures
27. A suspect cannot be tried twice in the same court for the same crime.
a. True
b. False
ANSWER: True
POINTS: 1
DIFFICULTY: Easy
28. Under the exclusionary rule, illegally obtained evidence may not be included in any criminal prosecution.
a. True
b. False
ANSWER: True
POINTS: 1
DIFFICULTY: Easy
29. The purpose of the exclusionary rule is to deter police from misconduct.
a. True
b. False
ANSWER: True
POINTS: 1
DIFFICULTY: Easy
30. Under the exclusionary rule, all evidence must be included in a criminal prosecution.
a. True
b. False
ANSWER: False
POINTS: 1
DIFFICULTY: Easy
31. Individuals who are arrested must be informed of certain constitutional rights.
a. True
b. False
ANSWER: True
POINTS: 1
DIFFICULTY: Easy
32. All persons who are arrested have the constitutional right to remain silent.
a. True
b. False
ANSWER: True
POINTS: 1
DIFFICULTY: Easy
33. Any criminal activity occurring via a computer in the virtual community of the Internet is a cyber crime.
a. True
b. False
ANSWER: True
POINTS: 1
DIFFICULTY: Easy
REFERENCES: Cyber Crime
34. Identity theft occurs when a wrongdoer steals another’s form of identification and uses it to access the victim’s
financial resources.
a. True
b. False
ANSWER: True
POINTS: 1
DIFFICULTY: Easy
35. A hacker is someone who uses one computer to break into another.
a. True
b. False
ANSWER: True
POINTS: 1
DIFFICULTY: Easy
Multiple Choice
36. Mike is arrested at a warehouse in North Industrial Park and is charged with the crime of theft. Mike will be
prosecuted by
a. the owner of the warehouse.
b. the owner of the property that Mike is charged with stealing.
c. a public official.
d. any third party unrelated to Mike, the property, or the crime.
ANSWER: c
POINTS: 1
DIFFICULTY: Moderate
NATIONAL STANDARDS: United States - BUSPROG: ReflectiveReflective - BUSPROG: Reflective
KEYWORDS: Bloom's: Application
37. Ludwig receives from Milo a marimba stolen from Nadine. To be criminally liable, Ludwig must know
a. Milo.
b. Nadine.
c. that the marimba is stolen and Ludwig must intend to keep it.
d. what a marimba is.
ANSWER: c
POINTS: 1
DIFFICULTY: Challenging
38. Mary enters a gas station and points a gun at the clerk. She then forces the clerk to open the cash register and give her
all the money. Mary can be charged with
a. robbery.
b. forgery.
c. larceny.
d. embezzlement.
ANSWER: a
POINTS: 1
39. William goes to Saddle Up Stables in the middle of the night when no one is around and takes five saddles. William’s
crime is
a. forgery.
b. larceny.
c. robbery.
d. embezzlement.
ANSWER: b
POINTS: 1
40. Mariah takes off her ring and places it on her desk while she works. Without her knowledge or consent, her coworker
Nita picks up the ring, puts it on, and walks away. Nita has likely committed
a. burglary.
b. forgery.
c. larceny.
d. no crime.
ANSWER: c
POINTS: 1
41. Scott, a State Bank employee, deposits into his account checks that are given to him by bank customers to deposit into
their accounts. This is
a. embezzlement.
b. larceny.
c. money laundering.
d. no crime.
ANSWER: b
POINTS: 1
42. Plato works for Quirky Squirters, Inc. During work hours, Plato “steals” time, space, and data on his employer’s
computer system to start up his own business, Rowdy Drenchers. This is
a. burglary.
b. robbery.
c. larceny.
d. no crime.
ANSWER: c
POINTS: 1
43. Susan is unhappy with the way her mother has made out her will. Susan has a lawyer draft a new will and then signs her
mother’s name to it without her mother’s consent. Susan has committed
a. larceny.
b. no crime.
c. robbery.
d. forgery.
ANSWER: d
POINTS: 1
44. Leah gains access to government records and alters certain dates and amounts in her favor. This is
a. embezzlement.
b. forgery.
c. larceny.
d. no crime.
ANSWER: b
POINTS: 1
45. Ivan signs Jeb’s name, without his authorization, to the back of a check.This is
a. no crime.
b. forgery.
c. larceny.
d. robbery.
ANSWER: b
POINTS: 1
46. Jake is charged with embezzlement. Embezzlement may be committed without

a. a criminal act.
b. a criminal intent.
c. taking property from its owner.
d. the use of force or fear.
ANSWER: d
POINTS: 1
47. Briana, an employee of Cotillion Bank, is charged with embezzlement, which requires
a. fraudulently appropriating another’s property.
b. obtaining lawful possession of property.
c. physically taking property from its owner.
d. the use of force or fear.
ANSWER: a
POINTS: 1
NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking: Re - BUSPROG: Reflective Thinking
48. After Edie solicits clients to invest in a nonexistent business, she is charged with “mail fraud.” This requires, among
other things
a. claiming that an item is “in the mail” when it is not.
b. deceiving postal authorities as to the content of an item of mail.
c. depositing items in the postal system without proper postage.
d. mailing or causing someone else to mail a writing.
ANSWER: d
POINTS: 1
49. Robert uses the Internet to defraud Prairie Valley Credit Union. He is found guilty of wire fraud. He can be punished by
a. imprisonment for not more than one year.
b. imprisonment for up to thirty years and fines of up to $1 million.
c. fines for not more than $50,000.
d. death.
ANSWER: b
POINTS: 1
50. Mona offers Ned, a building inspector, $5,000 to overlook the violations in her new warehouse. Ned accepts the cash
and overlooks the violations. Mona is charged with the crime of bribery. The crime occurred when
a. Mona decided to offer the bribe.
b. Mona offered the bribe.
c. Ned accepted the bribe.
d. Ned overlooked the violations.
ANSWER: b
POINTS: 1
51. Dirk, an employee of Ergonomic Elevators, Inc., pays Ferbie, an employee of Ergonomics’ competitor G-Force Risers
Company, for a secret G-Force pricing schedule. This is
a. an effective marketing strategy.
b. commercial bribery.
c. creative legal bookkeeping.
d. money laundering.
ANSWER: b
POINTS: 1
52. Bruno is a businessperson with investments in legal and illegal operations. Bruno may be subject to penalties under
RICO
a. for making an unprofitable, but legal, investment.
b. for the commission of any business fraud.
c. only in a case involving a “racket.”
d. only in a case involving organized crime.
ANSWER: b
POINTS: 1
53. Jared is arrested and found guilty of a misdemeanor. His punishment will not include
a. imprisonment for six months.
b. a fine of $100.
c. death.
d. imprisonment for six months and a fine of $500.
ANSWER: c
POINTS: 1
54. Megan is charged with jaywalking, which is classified as

a. a misdemeanor.
b. a felony.
c. a petty offense.
d. no crime.
ANSWER: c
POINTS: 1
55. Smitty, driving while intoxicated, causes a car accident that results in the death of Tiffany. Smitty is arrested and charged
with a felony. A felony is a crime punishable by death or imprisonment for
a. any period of time.
b. more than one year.
c. more than six months.
d. more than ten days.
ANSWER: b
POINTS: 1
56. Vance points a gun at Workman and threatens to shoot him. Workman hits Vance, causing his death. Charged with homicide,
Workman can successfully claim as a defense
a. nothing.
b. duress.
c. entrapment.
d. self-defense.
ANSWER: d
POINTS: 1
57. Evan is charged with a crime. Almost all federal courts and some state courts would not hold Evan liable if, at the time
of the offense, as a result of a mental disease or defect, Evan lacked substantial capacity to
a. appreciate the wrongfulness of his conduct only.
b. appreciate the wrongfulness of his conduct and obey the law.
c. appreciate the wrongfulness of his conduct or obey the law.
d. obey the law only.
ANSWER: c
POINTS: 1
58. Davis points a gun at Eton, threatening to shoot him if he does not steal from his employer, Freddy’s Convenience
Store, and give the stolen funds to Davis. Charged with theft, Eton can successfully claim, as a defense
a. nothing.
b. duress.
c. entrapment.
d. self-defense.
ANSWER: b
POINTS: 1
59. Mae is granted immunity after she agrees to testify about a crime. Mae has an absolute privilege against self-
incrimination and
a. can be prosecuted only for a crime about which she agreed to testify.
b. cannot be prosecuted for any crime.
c. cannot refuse to testify on Fifth Amendment grounds.
d. can refuse to testify on Fifth Amendment grounds.
ANSWER: c
POINTS: 1
60. Maya, a police officer, wants to search the offices of Niles Corporation. Maya asks Judge Orion to issue a warrant.
Under the Fourth Amendment, no warrants for a search or an arrest can be issued without
a. double jeopardy.
b. probable cause.
c. reasonable doubt.
d. immunity.
ANSWER: b
POINTS: 1
61. Justin is charged with a crime. He insists that he should have an opportunity to object to the charges before a “fair,
neutral decision maker.” No one can be deprived of “life, liberty, or property without due process of law” under the
a. Second Amendment.
b. Fourth Amendment.
c. Fifth Amendment.
d. Eighth Amendment.
ANSWER: c
POINTS: 1
NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking: Re - BUSPROG: Reflective Thinking
62. Alan, the president of Bayside Investments, Inc., and Colin, Bayside’s accountant, are charged with a crime, after the
police search Bayside’s offices. Under the exclusionary rule
a. certain Bayside records are excluded from subpoena.
b. certain parties to a criminal action may be excluded from a trial.
c. illegally obtained evidence must be excluded from a trial.
d. persons who have biases that would prevent them from fairly deciding the case may be excluded from the jury.
ANSWER: c
POINTS: 1
63. Jackson is accused of a crime. Jackson can refuse to provide information about his allegedly criminal activities
a. if he suspects the information will be used to prosecute him.
b. if the police do not promise to keep the information confidential.
c. if the information is “fruit of the poisonous tree.”.
d. under no circumstances.
ANSWER: a
POINTS: 1
64. Herb, a computer programmer for Inventory Control Corporation, is arrested in his employer’s parking lot on suspicion
of larceny. Herb must be informed of his right to
a. a trial by jury.
b. punishment.
c. question witnesses.
d. remain silent.
ANSWER: d
POINTS: 1
65. Gina sells “Bulk Up” steroids over the Internet. She is arrested and charged with the sale of a controlled substance. This
is cyber crime, which is
a. a new category of crime that is not related to older types of crime.
b. a crime that occurs the virtual community of the Internet.
c. a crime that is less real than the same crime in the physical world.
d. no crime.
ANSWER: b
POINTS: 1
66. Travis sends Suri what purports to be a link to an e-birthday card, but when she clicks on the link, software is
downloaded to her computer to
record her keystrokes and send the data to Travis. He uses the data to obtain her personal information and access her
financial resources. This is
a. identity theft.
b. cyberterrorism.
c. entrapment.
d. no crime.
ANSWER: a
POINTS: 1
67. Posing as Platinum Bank, Oswald e-mails Nadia, asking her to update her personal banking information through a link
in the e-mail. She clicks on the link and types in the data, which Oswald promptly sells to Moe. This is
a. hacking.
b. identity theft.
c. cyberterrorism.
d. bribery.
ANSWER: b
POINTS: 1
68. Farouk uses his computer to break into Global Financial Center’s computer. Farouk is a
a. hacker.
b. phisher.
c. worm.
d. virus.
ANSWER: a
POINTS: 1
69. Via the Internet, Rocky sabotages the computer system of Quik Chik’n Company, a food manufacturer, to alter the
levels of ingredients in the company’s products so that consumers of the food become ill. Rocky is a
a. cyberterrorist.
b. botnet.
c. virus.
d. an inquisition.
ANSWER: a
POINTS: 1
70. 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.”
c. the immunity of Internet service providers.
d. encryption.
ANSWER: a
POINTS: 1
NATIONAL STANDARDS: United States - AICPA: BB-Legal
United States - BUSPROG: Reflective
Essay
71. Sophie is the president of Tasty Foods Corporation, a wholesale grocery company. An inspection by Uri, a government
agent, uncovers unsanitary conditions in the company’s ware-house caused by Vic, a Tasty Foods employee. Will, a Tasty
Foods vice president, assures Uri that the situation will be corrected, but a later inspection finds that the warehouse is still
unsanitary. Sophie knows nothing about any of this. Can Tasty Foods be convicted of a crime in these circumstances? Can
Sophie be held personally liable?
ANSWER: The answer to both questions is yes. A corporation may be held liable for the crime of its
employee if (1) the criminal act is within the scope of the employment and the purpose of the
statute defining the act as a crime is to impose liability on the corporation, (2) the crime
consists of a failure to perform a specific duty imposed on corporations by law, and (3) the
crime was authorized by one of the corporation’s “high managerial agents.” Here, all of these
elements exist. The unsanitary conditions in the warehouse are within the employee’s scope
of employment, the crime consists of a failure to keep the warehouse clean, and the crime
was authorized by a company vice president. As for the president’s personal liability, if she
has the authority and the responsibility to deal with the situation, she can be held personally
liable. A corporate officer must have the authority and the responsibility to deal with such
situations. Personal liability is imposed in these circumstances, not because the corporate
officer knew about the crime or intended it, but because the officer is in a “responsible
relationship” to the corporation and has the power to prevent the crime. Under this
“responsible corporate officer” doctrine, a corporate officer can be held liable for an
employee’s violations of the law. This liability may be imposed regardless of whether the
officer participated in, directed, or knew about the violation.
POINTS: 1
LOCAL STANDARDS: United States - OH - Default City - AICPA Decision Modeling
KEYWORDS: Bloom's: Analysis
72. An unknown individual launches a series of attacks against the Web sites of Prime Sales Corporation. The attacks
significantly slow the sites, leading to $100 million in damage in terms of lost work time, lost revenue, site repair costs,
and other expenses. The attacker does not intend to profit from the onslaught and in fact does not realize any financial
benefit from the effects. How is this attack most likely orchestrated? Who is most likely to engage in this act—that is,
whose habits and limitations are clearly suited to such conduct—and why?
ANSWER: The perpetrator in this question likely committed the attack through hacking—using one
computer to break into another. The hacker may have appropriated a large number of
computers without their owners’ knowledge. Each computer might have become a bot,
together constituting a botnet, through which the hacker could secretly install programs to
forward transmissions to even more computers. The hacker might then have installed other
malware, or other programs harmful to computers. This might have consisted of a worm,
which could reproduce and transfer itself to other computers, or a virus, which could
reproduce itself but could not transfer without being attached to an infected file. These
programs might have been uploaded to Web sites based anywhere in the world.
POINTS: 1
NATIONAL STANDARDS: United States - BB_17.3 - BB-Decision Modeling
United States - BUSPROG: Reflective

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Test Bank for Legal Environment Today Summarized

Case 8th Edition Miller 130526276X 9781305262768

Download full solution manual at:

1. A crime can be committed only against persons.

3. Public officials prosecute criminal defendants

4. A criminal case must be proved beyond a reasonable doubt.

7. Corporations, like persons, can be liable for crimes.

8. Larceny relies on fear and force.

9. Picking pockets is larceny.

10. Counterfeiting is robbery

12. A bank employee stealing funds from a client is an example of embezzlement.

16. The crime of bribery occurs when the bribe is offered.

18. Divestiture of a business interest is a possible penalty under RICO.

19. In some states, misdemeanors are punishable by imprisonment for up to 10 years.

22. Ordinarily, “ignorance of the law” is a valid defense to criminal liability.

46. Jake is charged with embezzlement. Embezzlement may be committed without

54. Megan is charged with jaywalking, which is classified as

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