Solution Manual for Smith and Robersons Business Law 17th

Edition Mann Roberts 1337094757 9781337094757

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Chapter 06 Criminal Law

TRUEFALSE

1. In a criminal trial, the plaintiff must prove the case by a preponderance of the evidence.

(A) True

(B) False

Answer : (B)

2. Corporations may be held liable for crimes.

(A) True

(B) False

Answer : (A)

3. Businesses suffer considerable loss as victims of criminal actions, but businesses cannot be
perpetrators of criminal actions.

(A) True (B)

False

Answer : (B)

4. Torts are civil cases, not criminal cases.

(A) True

(B) False

Answer : (A)

5. RICO provides for criminal penalties, but contains no provision for civil penalties.

(A) True

(B) False

Answer : (B)
6. Stan offered Cheyenne, the chairperson of the Midtown Zoning Commission, a ten percent
interest in his proposed subdivision development if she would use her influence to have his proposal
approved by the commission. She refused to be a part of Stan's plan, so Stan cannot be found guilty
of bribery.

(A) True

(B) False

Answer : (B)

7. A felony is a more serious type of crime than a misdemeanor.

(A) True

(B) False

Answer : (A)

8. Under the United States legal system, you are guilty until proven innocent.

(A) True

(B) False

Answer : (B)

9. The Fifth Amendment would protect a defendant from having to give blood samples to the
prosecution, since that could be a form of self-incrimination as interpreted by the courts.

(A) True (B)

False

Answer : (B)

10. Robbery is a larceny accompanied by force.

(A) True

(B) False

Answer : (A)

11. The elements of embezzlement are included in larceny.

(A) True

(B) False

Answer : (B)
12. Unlike larceny, embezzlement requires the intent to permanently deprive the owner of his
property.

(A) True (B)

False

Answer : (B)

13. Employers may be subject to criminal penalties for the unauthorized act of a manager who is
acting within the scope of employment.

(A) True (B)

False

Answer : (A)

14. Bill has had a problem with vandalism at his business. He rigs up a spring gun at the entryway
to his store, so that any after-hours intruder will be shot upon entry. Bill may legally use this deadly
force to protect his business.

(A) True (B)

False

Answer : (B)

15. Duress is a valid defense to larceny, but not to murder.

(A) True

(B) False

Answer : (A)

16. The defendant must testify in a criminal proceeding.

(A) True

(B) False

Answer : (B)

17. The Fifth Amendment protects all individuals against unreasonable searches and seizures.

(A) True

(B) False
Answer : (B)

18. A grand jury decision will result in a final judgment as to the guilt or innocence of the defendant.

(A) True

(B) False

Answer : (B)

19. Mail fraud does not require the victim to be actually defrauded.

(A) True

(B) False

Answer : (A)

20. The State may appeal a verdict of "not guilty" if there is an error in the trial.

(A) True

(B) False

Answer : (B)

21. Computer crimes are so commonplace that an estimated two out of every three copies of
software are illegally obtained.

(A) True (B)

False

Answer : (A)

22. Vicarious liability is imposed upon one person for the acts of another.

(A) True

(B) False

Answer : (A)

23. A "bench trial" is one in which the decision is made without a jury.

(A) True

(B) False
Answer : (A)

24. Robbery and burglary are the same crime.

(A) True

(B) False

Answer : (B)

25. The Fifth Amendment would protect a defendant from having to have his photograph taken,
since this would be a type of communication.

(A) True (B)

False

Answer : (B)

26. In a criminal case, the defendant must be tried by jury if he so desires.

(A) True

(B) False

Answer : (A)

27. In a civil case, as few as six jurors are permitted, but there must be 12 jurors in a criminal case.

(A) True

(B) False

Answer : (B)

28. Today most crimes are covered by statutory law rather than by the common law, although many
of the crimes in statutory form had their origins in the common law.

(A) True (B)

False

Answer : (A)

29. A preliminary hearing is held in a criminal case to determine whether there is probable cause to
believe the defendant is the one who committed the crime.

(A) True
(B) False

Answer : (A)

30. The Sixth Amendment protects persons against self-incrimination, double jeopardy, and being
charged with a capital offense except by grand jury indictment.

(A) True (B)

False

Answer : (B)

31. Some states still recognize common law crimes.

(A) True

(B) False

Answer : (A)

32. All criminal law is governed by federal statutes.

(A) True

(B) False

Answer : (B)

33. Carelessness is a form of subjective fault.

(A) True

(B) False

Answer : (B)

34. Although mens rea is a required element for most crimes, many regulatory crimes dispense with
it.

(A) True (B)

False

Answer : (A)

35. Selling liquor to a minor can result in criminal liability only if the seller intended to sell to an
underage person.
(A) True (B)

False

Answer : (B)

36. Murder is a mala prohibita type of crime.

(A) True

(B) False

Answer : (B)

37. Crimes consist of three basic elements: the perpetrator, the act and the victim.

(A) True

(B) False

Answer : (B)

38. The Federal Organizational Corporate Sentencing Guidelines may require restitution to victims
of certain corporate crimes.

(A) True (B)

False

Answer : (A)

39. RICO does not apply to businesses that are engaged in organized crime.

(A) True

(B) False

Answer : (B)

40. The Sarbanes-Oxley Act created a powerful Accounting Oversight Board with authority to review
and discipline auditors.

(A) True (B)

False

Answer : (A)
41. The term actus reus refers to the mental intent element of a crime.

(A) True

(B) False

Answer : (B)

42. Embezzlement and forgery are considered white-collar crimes.

(A) True

(B) False

Answer : (A)

43. If Sheree, a county commissioner, threatened Brent that unless she received a 15 percent
interest in his proposed development she would use her influence to prevent approval of the
development, she has committed criminal extortion.

(A) True (B)

False

Answer : (A)

MULTICHOICE

44. Which one of the following is NOT true of a criminal suit?

(A) A criminal suit is brought by the government, not by an individual.

(B) In a criminal suit, guilt is never presumed.

(C) One purpose of a criminal suit is compensation for the victim.

(D) A criminal suit requires a higher burden of proof than a civil suit.

Answer : (C)

45. Mark carefully plots a course of action to embezzle $100,000 from his employer, Skye. He is
fired before he ever gets a chance to put the plan in action. In cleaning out his desk, Skye finds his
plans. Mark is:

(A) guilty of a crime because he intended to carry it out.

(B) guilty of a crime because he had mens rea.

(C) not guilty because he did not act on his plan.

(D) not guilty because he is no longer employed by Skye.

Answer : (C)

46. Congress has concluded that is the most prevalent method used for distributing
pornography and perpetrating fraudulent schemes, and it enacted the to deal with the
problem.

(A) spam; CAN-SPAM Act

(B) mala prohibita crime; Model Penal Code

(C) mala in se crime; RICO Act

(D) white-collar crime; Sarbanes-Oxley Act

Answer : (A)

47. Self-defense will NOT protect a person from criminal prosecution if she:

(A) shoots a man who is about to stab her with a knife.

(B) hits a man who is pushing her off the bus while it is still moving.

(C) shoots a man who is holding a realistic-looking cap pistol at her head.

(D) shoots a man who has shoplifted a rare, expensive diamond necklace from her store.

Answer : (D)

48. Which of the following is correct with respect to a grand jury?

(A) The grand jury decides guilt or innocence of the defendant.

(B) The grand jury always hears testimony from the defendant.

(C) The grand jury can issue an indictment if it finds sufficient evidence to justify a trial on the
charges alleged.

(D) None of these.

Answer : (C)

49. Another name for an indictment is a(n):

(A) true bill.

(B) arraignment.

(C) information.
(D) preliminary hearing.

Answer : (A)

50. Cybercrime:

(A) may be categorized based on whether the computer was the instrument or the target of the
crime.

(B) has not been regulated by state laws.

(C) has been controlled by comprehensive federal legislation.

(D) is easy to detect.

Answer : (A)

51. The Fourth Amendment to the Constitution:

(A) requires a speedy trial.

(B) prohibits double jeopardy.

(C) protects against unreasonable search and seizure.

(D) All of these.

Answer : (C)

52. A defendant who is indicted will next be:

(A) brought before a grand jury.

(B) tried.

(C) arraigned.

(D) fined.

Answer : (C)

53. What happens if the police illegally seize evidence in violation of the Fourth Amendment?

(A) The evidence will be excluded from use at trial.

(B) The defendant's arrest is nullified.

(C) The defendant is entitled to another trial.

(D) The defendant will be paid for the expenses of his defense.
Answer : (A)

54. Two teenagers held up a gas station at gunpoint and ran off with a bag of money. The police saw
them run into Jill's apartment building where there are only four apartments off a common hall and
no apparent way out of the building but the front door. The police knock on Jill's door. She says she's
the only one there. The police can:

(A) search the apartment without a warrant because Jill voluntarily answered the door.

(B) search the apartment without a warrant because they are in hot pursuit of the fugitives.

(C) not search the apartment, because they have no reason to believe that the teenagers are in Jill's
apartment rather than in the others.

(D) not search the apartment, because voluntary consent to enter is necessary.

Answer : (B)

55. Tanner is the accountant for Cheatam and Sons Co. For many years he has kept two sets of
books, one with real figures and another with figures he uses when the IRS audits. When Tanner,
while working on Cheatam's books, is arrested for fraud, what will happen to the books?

(A) They are privileged communications and therefore inadmissible as evidence against Tanner.

(B) They are protected by the Fifth Amendment and therefore are inadmissible.

(C) They may be admitted as evidence since the Fifth Amendment does not protect business records.

(D) They may be admitted as evidence only if Tanner consented to a search of his offices.

Answer : (C)

56. Individuals may use reasonable force to protect themselves, their property, and other
individuals. In this context, reasonable force would mean:

(A) deadly force is reasonable to protect property.

(B) deadly force is never reasonable to protect property, but is reasonable if an attack threatens the
victim with serious bodily harm.

(C) deadly force is never reasonable, even if an attack threatens the victim with serious bodily harm.

(D) deadly force is reasonable to protect property or if an attack threatens the victim with serious
bodily harm.

Answer : (D)

57. The Sarbanes-Oxley Act:

(A) establishes new criminal offenses as well as substantially increasing penalties for existing
crimes.

(B) imposes fines and/or imprisonment of up to 20 years for knowingly altering, destroying, or
falsifying any document with the intent of impeding a federal investigation.

(C) adds new financial disclosure requirements for corporations.

(D) The Sarbanes-Oxley Act does all of these.

Answer : (D)

58. The criminal intent necessary to commit a crime is known as:

(A) actus reus.

(B) mens rea.

(C) vicarious liability.

(D) malice aforethought.

Answer : (B)

59. Which of the following is NOT found in the Eighth Amendment to the U.S. Constitution?

(A) Protection from excessive bail

(B) A prohibition against double jeopardy

(C) A prohibition against cruel and unusual punishment

(D) All of these are found in the Eighth Amendment.

Answer : (B)

60. Payum, Inc. has been convicted of bribing public officials. It is now time for sentencing. Possible
sentences include:

(A) putting the corporation's president, who was not involved in the bribery, in jail.

(B) putting the corporate shareholders in jail.

(C) fining the corporation.

(D) None of these. A corporation cannot commit a crime.

Answer : (C)

61. Bailey tells Jaxon that unless Jaxon pays her $5,000, she will tell his customers that he was once
arrested for shoplifting as a teenager. If the statement that Jaxon shoplifted as a teenager is true:
(A) in most jurisdictions Bailey has committed the crime of extortion.

(B) Bailey has committed no crime since Jaxon actually did shoplift as a teenager.

(C) Bailey has committed the crime of bribery.

(D) in all jurisdictions in the United States, Bailey would have to have received the money from Jaxon
to be charged with a crime.

Answer : (A)

62. Which of the following is found in the Fifth Amendment to the U.S. Constitution?

(A) A privilege against self-incrimination

(B) A right to a speedy, public trial by jury

(C) A prohibition against cruel or unusual punishment

(D) The right to an attorney

Answer : (A)

63. At the the accused is informed of the charge and the accused enters a plea.

(A) preliminary hearing

(B) arraignment

(C) indictment

(D) information

Answer : (B)

64. A warrant is required for a search by the police where:

(A) the police are in hot pursuit of a criminal.

(B) voluntary consent is given to the search.

(C) evidence of a crime is in plain view of the police officer.

(D) a witness has described the location of the evidence in the suspect's house.

Answer : (D)

65. An employer directs his vice-president of marketing to fix prices with their company's
competitors. The employee does so. Under these facts:

(A) only the employee is liable.

(B) both the employee and the employer are liable.

(C) only the employer is liable.

(D) neither the employee nor the employer is liable.

Answer : (B)

66. A crime that is punishable by a fine or imprisonment in a local jail is a:

(A) felony.

(B) white-collar crime.

(C) misdemeanor.

(D) mala prohibita crime only.

Answer : (C)

67. Robbery can be "aggravated robbery" under which of the following circumstances?

(A) The robber intends to kill if faced with resistance.

(B) Serious bodily injury to the victim occurs.

(C) The crime is committed by two persons rather than one person.

(D) All of these.

Answer : (D)

68. At common law, was defined as a breaking and entering of a dwelling house at night with
the intent to commit a felony.

(A) burglary

(B) bribery

(C) robbery

(D) theft

Answer : (A)

69. The states that the federal government shall provide the accused with a speedy and public
trial by an impartial jury.

(A) Fourth Amendment

(B) Fifth Amendment

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smaller ring, so that they will not come into contact when the hands
cross each other. An offset in the arm A, and a piece of mica
insulation, are provided where the larger ring crosses the bar A. On
the surface of each ring, between it and its respective hand, is glued
a piece of white paper, cut to conform with the ring, but ¹⁄₁₆ in. larger,
so as to extend over the outer edge of the brass rings. The rings of
paper are saturated in a solution of potassium chloride and permitted
to dry, before being placed on the brass rings.
A high-tension current, passing through the coil D, enters the arm
A, passes to the small hand, to the large hand, and out at the
terminal on arm B. Black dots will appear on the prepared paper at
the position of the hands, when the contact is made.
The primary wires E and F may be attached to a doorbell or to a
contact on the door, indicating on the prepared paper the length of
time the door was held open, as well as the time at which it was
opened. The arms A and B must be well insulated from one another.
For greater accuracy in recording time, to within ¹⁄₂ minute, prepared
paper dials, with hour and minute marks, coming into contact with
the hands at small projections punched in the hands from their upper
surfaces, should be used. An ordinary secondary coil from an
automobile may be used, and if the clock has a wooden case, the
arms may be fastened directly to it.
 Practical Memorandum for Odd Jobs
Not infrequently home or shop mechanics find that trifling odd jobs
are neglected repeatedly, simply because they are not of sufficient
consequence to warrant getting out the tools or materials necessary
for the work. A convenient method of insuring that these small jobs
are not overlooked is to make a memorandum of them and place it
with the tools required for the work. For instance, if a small job of
soldering is to be done, a memorandum placed with the soldering
outfit will not easily be overlooked, and the work may be done while
the coppers are hot for use in a larger job. Likewise with small
painting jobs. Sometimes only a brushful of paint is needed and one
does not care to mix a small quantity of paint nor clean the brush
afterward. A memorandum of the job makes this unnecessary.—
John Hoeck, Alameda, California.
 A Homemade Vulcanizer
Tire tubes may be vulcanized satisfactorily in the home garage, or
even on the road, with the simple device shown in the sketch. It is
made as follows: Obtain a piece of sheet iron, ¹⁄₄ in. thick, 3 in. wide,
and 5 in. long. Drill a ¹⁄₄-in. hole at the middle of each end. Fit a strip
of similar stock, 1 in. wide and 5 in. long, to the first piece with bolts,
as shown. Procure a tin cover without embossing on the top, such as
is used on baking-powder cans. Cut several disks to fit in the cover,
from heavy cardboard; soak them thoroughly in a saturated solution
of saltpeter, and dry them. Wrap each disk in oiled paper, and keep
them in a water-tight container.
 This Homemade Vulcanizer Utilizes the Heat from a Slowly Burning Disk of
Cardboard

To use the vulcanizer, clean the area around the hole in the tube
with sandpaper, and cut a piece of rubber of the proper size to fit
over it. Slip one of the prepared cardboard disks into the tin cover,
and clamp the cover and tire with patch into the iron frame, as
shown. Touch a lighted match to the cardboard disk, which will burn
rapidly, but without flame, supplying sufficient heat to vulcanize the
tube.—Thomas W. Benson, Hastings on Hudson, N. Y.
 Rudder for a Toboggan

This Rudder for a Toboggan Insures Positive Control, and Prevents Wear on
the Shoes and Clothes of the Rider

Learning to steer a toboggan by means of the foot dragged behind

it is an interesting feature of the sport, but this method is dangerous
at times and results in much wear on shoes and clothes. The device
shown in the illustration makes this method of steering unnecessary
and gives the rider accurate control over the sled. It consists of a
strip of ¹⁄₄ by 1-in. iron curved to form a rudder at one end and
twisted at the middle to provide a flat piece for pivoting it on the rear
cleat of the sled, as shown in the working drawing below. A handle is
fastened to the front end of the strip with bolts. The rudder should
not be curved too deeply or it will cut through the snow and be
damaged, or ruin the track.—H. B. Mclntyre, Waterville, Me.
 A Window Refrigerator

A Box Fitted on the Outside of the Window to Slide in Grooves Provides a

Convenient and Inexpensive Refrigerator for Winter Use

A simple method of constructing a window refrigerator that will not

obstruct the light is shown in the illustration. A box was made the
width of the window and was fitted to slides fastened outside the
window on the side of the house. The exposed sides of the box were
inclosed completely and the inner side was provided with two sliding
doors. A handle was fitted to the side of the box so that, by reaching
out of the window, the box could be drawn in front of the opening
easily. Several shelves were fitted into it and the materials stored
were not easily molested. Trunk casters attached to the bottom of
the box improved the action on the lower rail.—Hubert Kann,
Pittsburgh, Pa.
 Toy Paper Glider Carefully Designed
A paper glider is an interesting and useful toy that can be made
quickly; it may be used out of doors, but occasions when weather
conditions make it necessary to remain indoors are especially good
for this form of pastime. The glider shown in the sketch was worked
out after considerable testing. With a toss it travels 20 to 30 ft., on a
level keel, with a message slipped behind a pin, as shown in the
upper sketch. The inventive boy may devise many play uses for the
glider in tournaments, competitions, and for “military” flights, in which
the “drivers” of the devices may “annihilate armies.” Practical use of
the toy was made in a series of air-current tests.
 The Glider will Travel 30 Feet, Carrying a Message, if Carefully Made

The glider is made as follows: Fold a piece of paper, 10 by 15 in.,

lengthwise, and mark the outline shown at the left upon it. The
dimensions should be followed carefully. Measure first from the end
A to the point B, and then draw the slanting line to D, at an angle of
45°. Mark the width to E, and measure the other distances from A
and at the middle, to determine the curve of the edge. Mark the
dotted lines extending from D, which are guides for the folding of the
paper to form the glider, as shown in the lower sketch. Curl the
points under the side so that the line FD comes to the position DG,
and pin them to the corners H, as shown in the lower sketch. The
glider is tossed by holding it between the thumb and forefinger at the
middle of the fold underneath it.—S. R. Edwards, Seattle, Wash.
 Cleaning a Clock with Kerosene Fumes
A simple way of cleaning a clock is as follows: Remove the
pendulum and procure a ball of cotton wool, about half the size of a
fist. Saturate this with kerosene, and place it in a saucer, or a tin lid,
in the case under the works of the clock. Close the case and leave
the cotton for several days. It will then be found that the fumes from
the kerosene have brought down the dust from the works; in fact, the
cotton will be covered with black specks. It only remains to oil the
bearings of the works, and the clock will be quite in order.—S.
Leonard Bastin, Bournemouth, England.
 A Reversible Photographic
Developing Tank
By LAWRENCE F. CAMPBELL

Onedeveloping
of the chief difficulties in developing plates in a nonreversible
tank is that irregular development takes place,
because the developer tends to settle more or less, depending on
the time necessary for complete development. The construction of a
reversible tank is a simple matter, and the cost is slight. The tank
described is 3¹⁄₄ by 4¹⁄₄, in. in size, but the dimensions can be varied
for other sizes of plates. The tank is a box having grooves in
opposite ends for the plates. By placing the latter back to back, 12
can be developed at a time. Sheet rubber is fitted between the cover
and the body of the tank, and the cover, upon being screwed down,
makes a water-tight compartment of the box. The asphaltum paint
used is not affected by the developer, and preserves the wood.
Fixing and developing may both be done in the one tank, but it is
preferable to use the tank for developing only.
Assembly Views, Showing the General Construction and Detail of the Cover

The two sides are plain pieces, ¹⁄₂ by 4 by 4¹⁄₂ in. in size. The end
pieces have ¹⁄₈ by ¹⁄₈-in. grooves, ¹⁄₄ in. apart and extending the
length of the piece, which is ¹⁄₂ by 2¹⁄₂ by 4¹⁄₂ in. long. The grooves
can be made either on a power saw, or by chiseling them out by
hand. The bottom piece is ¹⁄₂ by 3¹⁄₂ by 5¹⁄₂ in. in size, with two ³⁄₈-in.
holes bored to receive the bolts. The two bolt supports are ¹⁄₂ by ³⁄₄
by 1 in., and are also bored ³⁄₈ in. to receive the bolts, and are nailed
to the end pieces. The cover is ¹⁄₂ by 3¹⁄₂ by 5¹⁄₂ in. long, with a slot
in each end for the bolts, which are ³⁄₈ by 6-in. carriage bolts.
 The Finished Tank, and Details of the Bottom, Ends, and Bolt Supports

The parts are assembled with screws, and the tank is given two
coats of asphaltum paint. Care should be taken, before assembling
the parts, to insure that the plates fit the grooves.
 Turned Cane with Snakes Inlaid
The making of a cane is a favorite job for the home craftsman,
especially the veteran who finds himself in need of such a support
and has the leisure to make it. A novelty in constructions of this kind
is a turned cane built up of dark and light-colored woods with snakes
inlaid. That shown in the illustration was made of black walnut and
birch, with a walnut knob. It is made as follows: Glue up a piece of
walnut and a piece of birch, ⁷⁄₈ by 1³⁄₄ by 3 ft. long, as shown at A.
Mark out the snake on the birch surface, and cut it out very carefully
on the band saw, or with a fine hand turning saw. The snake portion
will drop out and is then separated into a walnut and a birch strip,
making two similar snakes. Bore holes for the eyes and plug them
with the opposite kind of wood. Replace the snakes in opposite
positions, the one of birch in the walnut side, and the walnut one in
the birch side. Glue them carefully into place, removing a small
portion of the wood at the ends of the sawed pieces to make a close
fit.
This Novel Cane can be Turned in a Lathe or Planed from the Square Stock,
and Arouses Curiosity as to its Construction

The stock then appears as at B, and is ready for turning in the

lathe. If desired, circles may be laid out on the ends of the stock, and
the piece planed down to the rounded and tapered form of a cane.
This is a more tedious job, but if carefully done with sharp tools will
give good results.
 Turn down the shaft to the desired thickness, as shown at C, the
upper end being about 1 in. and the lower end ¹⁄₂ in. in diameter.
Turn a knob of walnut as suggested, and after sandpapering the
work carefully, finish it with shellac. Tip the bottom of the cane with a
suitable ferrule.—E. K. Wehry, Cedar Rapids, Ia.
 An Inexpensive Dry-Plate Kit

This Dry-Plate Kit is Made of Cardboard and Serves the Purpose Admirably if
Carefully Fitted