Chapter 6

Question 1

Civil Law

Answer 1

Consists of the duties that exist between persons or between citizens and their governments.

Question 2

Criminal Law

Answer 2

A wrong against society proclaimed in a statute and punishable by society through fines, imprisonment, or death.

Question 3

Criminal recklesness

Answer 3

a conscious disregard for a substantial and justifiable risk.

Question 4

Criminal Negligense

Answer 4

is a deviation from the standard care that a reasonable person would use under the same circumstances

Question 5

Burglary

Answer 5

is the unlawful entry into a building with the intent to commit a felony.

Question 6

Larceny

Answer 6

Wrongfully taking and carrying away another person’s personal property with the intent of depriving the owner permanently of the property.

Question 7

Embezzlement

Answer 7

is the fraudulent appropriation of anothers property or money by one who has been entrusted with it.

Question 8

Money Laundering

Answer 8

Transferring the proceeds of a crime through legitimate business.

Question 9

Model Penal Code

Answer 9

A person is not responsible if at the time, as a result of mental disease or defect, the person lacks substantial capacity either to appreciate the wrongfulness of the conduct or to conform his or her conduct to the law.

Question 10

M’Naughten Test

Answer 10

A person is not responsible at the time of the offense if he or she does not know the nature and quality of the act or did not know that the act was wrong.

Question 11

Irresistible Impulse Test

Answer 11

A person operating under an irresistible impulse may know an act is wrong but cannot refrain from doing it.

Question 12

Duress

Answer 12

Occurs when a threat induces a person to do something that he or she would not otherwise do.

Question 13

Entrapment

Answer 13

Occurs when a law enforcement agent suggests that a crime be committed, pressures or induces an individual to commit it and arrests the individual for it.

Question 14

Statutes of Limitations

Answer 14

provides that the state has a certain amount of time to prosecute a crime.

Question 15

Immunity

Answer 15

A state can grant immunity from prosecution or agree to prosecute for a less serious offense in exchange for information.

Question 16

Fourth Amendment

Answer 16

Protection from unreasonable search and seizures. Must have a search warrant.

Question 17

Fifth Amendment

Answer 17

No one can be deprived of life, liberty, or property without due process of law.

Question 18

Sixth Amendment

Answer 18

guarantees a speedy trial, trial by jury, a public trial, the right to confront witnesses, and the right to a lawyer in some proceedings.

Question 19

Eight Amendment

Answer 19

This amendment prohibits excessive bail and fines and cruel an unusual punishment.

Question 20

Miranada rights

Answer 20

A person in custody to be interrogated must be informed that he has the right to remain silent, anything said can and will be used against him in court, he or she has the right to consult with an attorney, and if he is indigent, a lawyer will be appointed.

Question 21

Arrest

Answer 21

requires warrant based on probable cause.

Question 22

Indictment

Answer 22

is a formal charge

Question 23

phishing

Answer 23

occurs when a criminal posing as legitimate business emails an unsuspecting individual asking them for personal information.

Question 24

Vishing

Answer 24

Occurs when audio is used togain personal information (see Phishing)

Question 25

TRUE/FALSE Only the government prosecutes criminal defendants.

Answer 25

TRUE

Question 26

TRUE/FALSE A criminal is punishable by imprisonment is a felony.

Answer 26

FALSE

Question 27

TRUE/FASLE Burglary involves taking another persons property from his person or immediate person.

Answer 27

FALSE

Question 28

TRUE/FALSE Embezzlement requites physically taking property for another's possession.

Answer 28

FALSE

Question 29

TRUE/FALSE Stealing computer time is larceny

Answer 29

TRUE

Question 30

TRUE/FALSE Offering a bribe is only one element of the crime of bribery

Answer 30

FALSE

Question 31

TRUE/FALSE Receiving stolen goods is a crime only if the recipient knows the true owner.

Answer 31

FALSE

Question 32

TRUE/FALSE Using a fabricated identity to access online funds is identity theft.

Answer 32

TRUE

Question 33

TRUE/FALSE The appropriate location for a trial can be a key issue in a case involving cyber crime.

Answer 33

TRUE

Question 34

TRUE/FALSE A business takes no risk by electronically storing customers credit account numbers.

Answer 34

FASLE

Question 35

Loren is charged with criminal theft. For conviction, like mist crimes, theft requires ______.

Answer 35

A specified state of mind and performance of a prohibited act.

Question 36

Gwen signs Heidi's name, without her consent, to the back of a check. This is _____.

Answer 36

Forgery

Question 37

Newt, a bank teller, deposits into his account checks that bank customers give to him to deposit into their accounts. This is ______.

Answer 37

embezzlement.

Question 38

Grover posts an electric piano for bids in iSell, a web auction site. Hyapatia makes the highest bid and sends her payment, which Grover receives, but he does not ship the piano. This is online _____.

Answer 38

Auction Fraud

Question 39

Posing as Deft Credit Company, Milo emails Lovey, asking her to verify her credit card information through a link in the e-mail. She clicks on the prompt and enters the data this is ______.

Answer 39

Phishing

Question 40

Crissy uses her computer and an online connection to break into Bargain Discount Store's computer network. Crissy is ______.

Answer 40

A hacker

Question 41

Jody, a government agent, arrests Kevin for the commission of a crime. Kevin claims that Jody entrapped him. This is a valid defense if Jody ______.

Answer 41

Pressured Kevin into committing the crime,

Question 42

Perla is arrested on suspicion of the commission of a crime. Individuals who are arrested must be told of their right to _____.

Answer 42

Remain silent

Question 43

While away from her business, Kate is arrested on suspicion of commission of crime. At Kate's trial, under the exclusionary rule _____.

Answer 43

illegally obtained evidence must be excluded from admission as evidence.