Test Bank For Legal Environment of Business 9th Edition by Cross

Test Bank for Legal Environment of Business 9th Edition by Cross
Test Bank for Legal Environment of Business 9th

Edition by Cross
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Chapter 7
Criminal Law and Cyber Crime
N.B.: TYPE indicates that a question is new, modified, or unchanged, as follows.
N A question new to this edition of the Test Bank.

+ A question modified from the previous edition of the Test Bank.
= A question included in the previous edition of the Test Bank.
TRUE/FALSE QUESTIONS
1. In a criminal case, the state must prove its case by a preponderance of the
evidence.
ANSWER: F PAGES: Section 1 TYPE: N

BUSPROG: Reflective AICPA: BB-Legal
2. The sanctions imposed on criminal wrongdoers are the same as those applied
in civil cases.

BUSPROG: Analytic AICPA: BB-Legal
3. One element that normally must exist for a person to be convicted of a crime is
the performance of a prohibited act.
ANSWER: T PAGES: Section 2 TYPE: +

1
© 2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly
accessible website, in whole or in part.
2 TEST BANK—UNIT TWO: THE PUBLIC AND INTERNATIONAL ENVIRONMENT
4. The crime of theft requires only the taking of another person’s property, not the
awareness that the property belongs to another.

5. The federal criminal code lists more than four thousand criminal offenses, all of
which require a specific mental state.

6. Corporate officers and directors may be held criminally liable for the actions of
employees under their supervision.
ANSWER: T PAGES: Section 2 TYPE: N

7. Falsifying public records or altering a legal document is larceny.

BUSPROG: Analytic AICPA: BB-Leveraging Technology
8. The crime of bribery occurs when the bribe is offered—it is not required that the
bribe be accepted.

9. An employer’s failure to remit state withholding taxes that were collected from
employee wages cannot constitute a crime.

10. Racketeering is a single crime—engaging in financial transactions to conceal

the identity, source, or destination of illegally gained funds.

CHAPTER 7: CRIMINAL LAW AND CYBER CRIME 3
11. The theft of trade secrets is a civil wrong but not a crime.

BUSPROG: Reflective AICPA: BB-Risk Analysis
12. In the event of a RICO violation, the government can seek the divestiture of a
defendant’s interest in a business.

13. The only defense to criminal liability that justifies the use of force is self-
defense.
ANSWER: F PAGES: Section 4 TYPE: =

14. Once immunity is given, a person has an absolute privilege against self-
incrimination and can no longer refuse to testify on Fifth Amendment grounds.

15. For most crimes, the state must initiate prosecution within a certain number of
years after the crime occurs.
ANSWER: T PAGES: Section 5 TYPE: =

16. Under the Fourth Amendment, general searches through a person’s belongings
are permissible.

17. If a person in custody is to be subjected to interrogation, he or she must first be

informed in clear and unequivocal terms that he or she has the right to remain
silent.

BUSPROG: Reflective AICPA: BB-Leveraging Technology
18. In a phishing attack, a perpetrator “fishes” for financial data and passwords
from consumers by posing as a legitimate business.

19. A company takes a risk by electronically storing their online customers’ credit-
card numbers.

20. No federal statute specifically addresses cyber crime.

MULTIPLE-CHOICE QUESTIONS
1. Reno, driving while intoxicated, causes a car accident that results in the death
of Santo. Reno 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 PAGES: Section 1 TYPE: =

2. Maura enters a gas station and points a gun at the clerk Nate. She then forces
Nate to open the cash register and give her all the money. Maura can be
charged with
a. burglary.
b. robbery.
c. larceny.
d. receiving stolen property.
ANSWER: B PAGES: Section 3 TYPE: N

3. Megan reaches into Ned’s pocket and takes his wallet—without his consent and
without his immediate awareness. Unlike robbery, picking pockets does not
involve
a. breaking and entering.

b. force or fear.
c. large amounts of cash.
d. weapons.
ANSWER: B PAGES: Section 3 TYPE: =

BUSPROG: Reflective AICPA: BB-Critical Thinking
4. Laird is an employee of Motor Parts, an auto parts store. On the orders of his
employer, he switches trademarks on parts that come into the store to be sold
to consumers. This is most likely
a. forgery.
b. larceny.
c. robbery.
d. obtaining goods by false pretenses.
ANSWER: A PAGES: Section 3 TYPE: +

5. Eartha receives from Fergie a guitar stolen from Harper. To be criminally liable,
Eartha must
a. know that Fergie is the thief.

b. know that Harper is the true owner.
c. know that the guitar is stolen.
d. have paid for the guitar .
ANSWER: C PAGES: Section 3 TYPE: +

6. Kimberly, the owner of Littleton Cinema, trusts Max to manage the theater’s
daily cash flow. One night, without Kimberly’s knowledge or consent, Max takes
and keeps $1,000 from the receipts. This is most likely
a. embezzlement.
b. larceny.
c. robbery.
d. burglary.

7. Quiana, an employee of Reservations for Less, Inc., pays Svetlana, an

employee of Reservations for Less’ competitor Travel Cheap, Inc., for a secret
Reservations for Less pricing schedule. This may be
a. an effective marketing strategy.

b. commercial bribery.
c. insider trading.
d. money laundering.
ANSWER: B PAGES: Section 3 TYPE: +

8. Owen 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.

9. Dreyfus points a gun at Eton, threatening to shoot him if he does not steal from
his employer, Freddy’s Gas & Shop store, and give the stolen funds to Dreyfus.
Charged with theft, Eton can successfully claim, as a defense
a. nothing.
b. duress.
c. entrapment.
d. self-defense.

10. Skip is accused of a crime. Skip 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 PAGES: Section 4 TYPE: N

11. Klay arrests Leonida on suspicion of embezzlement. According to the United

States Supreme Court in Case 7.3, Miranda v. Arizona, Leonida must be
apprised of certain constitutional rights
a. after any police interrogation.

b. at any time during police interrogation.
c. only at the request of the suspect’s attorney.
d. prior to any police interrogation.
ANSWER: D PAGES: Section 5 TYPE: +

BUSPROG: Communication AICPA: BB-Legal
12. Nini, a police officer, wants to search the offices of Operational Business
Corporation. She asks Judge Pearl to issue a warrant. Under the Fourth
Amendment, no warrant for a search can be issued without
a. double jeopardy.
b. probable cause.
c. reasonable doubt.
d. immunity.

13. Landon is arrested at a warehouse in Metro Corporate Park. A government

prosecutor issues a formal charge against Landon for receiving stolen property.
This charge is an
a. arraignment.
b. indictment.
c. information.
d. interrogation.

14. Ajay sells “Bulk Up” steroids over the Internet. He 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 in the virtual community of the Internet.
c. a crime that is less real than the same crime in the physical world.
d. no crime.

15. Posing as Platinum Bank, Quentin e-mails Rachel, 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 Quentin promptly sells to Spence. This is
a. hacking.
b. identity theft.
c. cyberterrorism.
d. bribery.

16. Via the Internet, Porcio sabotages the computer system of Quik Chik’n
Company, a fast-food restaurant operator, to alter the ingredients in the
company’s recipes and products so that consumers of the foods become ill.
Porcio is a
a. cyberterrorist.
b. botnet.
c. virus.
d. worm.
ANSWER: A PAGES: Section 6 TYPE: N

17. Chaz uses his computer to secretly install software on thousands of personal
computers without their owners’ knowledge. The program can reproduce itself
and spread from one computer to another via any USB port. This program is a
a. hacker.
b. botnet.
c. virus.
d. worm.
ANSWER: D PAGES: Section 6 TYPE: +

18. Gem programs software to prompt a computer to continually crash and reboot.
Gem intends 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. botnet.
c. virus.
d. worm.

19. Farouk uses his computer to break into Global Financial Center’s computer.
Farouk is a
a. hacker.
b. virus.
c. phisher.
d. worm.

20. Leslie commits an act via e-mail against Money Investment Company, a
business in New York, where the act is a cyber crime. Leslie resides in Ohio,
where the act is not a crime. Prosecution of Leslie in New York involves
questions of
a. jurisdiction.
b. malware.
c. phishing.
d. service-based hacking.

ESSAY QUESTIONS
1. Babs sees an e-book reader on the porch of Coco’s house, takes the reader to
her home, and tells everyone she owns it. Danno, wielding a knife, forces
Easter to give him her smartphone, and runs away with it. Fritz breaks into
Ginger’s apartment, takes a laptop, and leaves. Hazel sells Idi an expensive
wristwatch for a fraction of its value, admitting that the watch is stolen property
but claiming that she is not the thief. Which of these acts are crimes, and what
are the differences among them?
ANSWER: Babs has wrongfully taken and carried away the personal
property of another with the intent to permanently deprive the owner of that
property. This is larceny.
Danno has unlawfully and forcibly taken the personal property of an-
other. This is robbery.
Fritz has broken into and entered a dwelling with the intent to commit a
felony. This is burglary.
The basic differences: burglary requires breaking and entering a building
without the use of force against a person; robbery does not involve any
breaking and entering, but force is required; and larceny is the taking of per-
sonal property without force and without breaking and entering a building.
Generally, because force is used, robbery is considered the most serious of
these crimes and carries the most severe penalties. Because larceny involves
no force or threat to human life, it carries the least severe penalty of the three.
Burglary, because it involves breaking and entering, frequently into people’s
homes, carries a lesser penalty than robbery but a greater penalty than
larceny.
Test Bank for Legal Environment of Business 9th Edition by Cross
Idi committed the crime of receiving stolen goods. She was aware that
the watch was stolen property but she bought it anyway. That Hazel knew the
watch was stolen indicates she committed the same crime as Idi—receiving
stolen goods—when she initially obtained the watch.
PAGES: Section 3 TYPE: =

BUSPROG: Reflective AICPA: BB-Decision Modeling
2. Cameron is an accountant in the accounting department of Data Analytics

Company. Cameron’s son’s college tuition is due within a week, or he cannot
continue taking classes. To meet the due date, Cameron transfers funds from
Data Analytics to a fictitious bank account, planning to repay the firm within one
month. The transfer is discovered before the firm is repaid, and Cameron is
arrested. What crime, or crimes, if any, has Cameron committed?
ANSWER: Cameron committed at least embezzlement.

The crime of embezzlement is committed when a person entrusted with
another’s funds or property fraudulently appropriates it. That Cameron may
have intended to repay the “borrowed” funds is no defense (although an
embezzler who returns what has been taken may not be prosecuted because
the owner may not wish to take the time to make a complaint, give depositions,
and appear in court, or to reveal that the firm failed to have safeguards against
embezzlement).
Depending on how Cameron engineered the theft, he may have
committed other crimes—forgery, larceny, or a computer crime, for example.
PAGES: Section 3 TYPE: =

BUSPROG: Reflective AICPA: BB-Decision Modeling
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Criminal Law and Cyber Crime

N.B.: TYPE indicates that a question is new, modified, or unchanged, as follows.

N A question new to this edition of the Test Bank.

ANSWER: F PAGES: Section 1 TYPE: N

ANSWER: F PAGES: Section 2 TYPE: N

ANSWER: T PAGES: Section 2 TYPE: +

ANSWER: F PAGES: Section 2 TYPE: N

ANSWER: F PAGES: Section 2 TYPE: N

ANSWER: T PAGES: Section 2 TYPE: N

7. Falsifying public records or altering a legal document is larceny.

ANSWER: F PAGES: Section 3 TYPE: N

ANSWER: T PAGES: Section 3 TYPE: +

ANSWER: F PAGES: Section 3 TYPE: N

10. Racketeering is a single crime—engaging in financial transactions to conceal

ANSWER: F PAGES: Section 3 TYPE: N

ANSWER: F PAGES: Section 3 TYPE: N

ANSWER: T PAGES: Section 3 TYPE: N

ANSWER: F PAGES: Section 4 TYPE: =

ANSWER: T PAGES: Section 4 TYPE: N

ANSWER: T PAGES: Section 5 TYPE: =

ANSWER: F PAGES: Section 5 TYPE: N

17. If a person in custody is to be subjected to interrogation, he or she must first be

ANSWER: T PAGES: Section 5 TYPE: N

ANSWER: T PAGES: Section 6 TYPE: N

ANSWER: T PAGES: Section 6 TYPE: +

20. No federal statute specifically addresses cyber crime.

ANSWER: F PAGES: Section 6 TYPE: N

a. any period of time.

ANSWER: B PAGES: Section 1 TYPE: =

ANSWER: B PAGES: Section 3 TYPE: N

a. breaking and entering.

ANSWER: B PAGES: Section 3 TYPE: =

ANSWER: A PAGES: Section 3 TYPE: +

a. know that Fergie is the thief.

ANSWER: C PAGES: Section 3 TYPE: +

ANSWER: A PAGES: Section 3 TYPE: +

7. Quiana, an employee of Reservations for Less, Inc., pays Svetlana, an

a. an effective marketing strategy.

ANSWER: B PAGES: Section 3 TYPE: +

a. imprisonment for not more than one year.

ANSWER: B PAGES: Section 3 TYPE: N

ANSWER: B PAGES: Section 4 TYPE: +

a. if he suspects the information will be used to prosecute him.

ANSWER: A PAGES: Section 4 TYPE: N

11. Klay arrests Leonida on suspicion of embezzlement. According to the United

a. after any police interrogation.

ANSWER: D PAGES: Section 5 TYPE: +

ANSWER: B PAGES: Section 5 TYPE: N

13. Landon is arrested at a warehouse in Metro Corporate Park. A government

ANSWER: C PAGES: Section 5 TYPE: +

a. a new category of crime that is not related to older types of crime.

ANSWER: B PAGES: Section 6 TYPE: +

ANSWER: B PAGES: Section 6 TYPE: N

ANSWER: A PAGES: Section 6 TYPE: N

ANSWER: D PAGES: Section 6 TYPE: +

ANSWER: C PAGES: Section 6 TYPE: +

ANSWER: A PAGES: Section 6 TYPE: +

ANSWER: A PAGES: Section 6 TYPE: +

12 TEST BANK—UNIT TWO: THE PUBLIC AND INTERNATIONAL ENVIRONMENT