LGS Chapter 10

Question 1

T/F- Civil laws pertains to the duties that exist between persons or between persons and their government

Answer 1

True

Question 2

A wrong against society proclaimed in a statute and punishable by society through fines and/or imprisonment- or, in some cases, death

Answer 2

Crime

Question 3

In civil or criminal cases is when a person who has suffered harm brings a lawsuit against those who caused them harm

Answer 3

Civil Cases

Question 4

In civil or crime cases, which are offenses against society as a whole and are prosecuted by public officials

Answer 4

Crime

Question 5

T/F-In crime cases, preponderance of the evidence means that the plaintiff must convince the court that based on the evidence presented by both parties, it is more likely than not that the plaintiff’s allegation is true.

Answer 5

False, in civil cases preponderance of the evidence is used

Question 6

When the plaintiff must convince the court that based on the evidence presented by both parties in civl cases

Answer 6

Preponderance of the evidence

Question 7

What is the standard used to determine the guilt or innocence of a person criminally charged.

Answer 7

Beyond a reasonable doubt

Question 8

What is designed to punish those who commit crimes and to deter others from committing similar acts in the future
Examples: Fines, incarceration, and death penalty

Answer 8

Criminal Sanctions

Question 9

What 2 torts provide a basis for criminal and civil prosecution?

Answer 9

Assault and Battery

Question 10

A crime—such as arson, murder, rape, or robbery—that carries the most severe sanctions, usually ranging from one year in a state or federal prison to the forfeiture of one’s life

Answer 10

Felony

Question 11

A lesser crime than a felony, punishable by a fine or imprisonment for up to one year in other than a state or federal penitentiary

Answer 11

Misdemeanor

Question 12

The least serious kind of criminal offense, such as a traffic or building- code violation.

Answer 12

Petty Offense

Question 13

What 2 elements must exist simultaneously for a person to be convicted of a crime?

Answer 13

Actus reus- prohibited act
Mens rea- specified state of mind

Question 14

T/F- For crimes to exist, the guilty act does not have to cause harm to a person or property

Answer 14

False,For crimes to exist, the guilty act must cause harm to a person or property

Question 15

What is this an example of?
Murder involves the guilty act of killing another human being, and the guilty mental state is the desire, or intent, to take another’s life.
• Theft involves the guilty act of taking the property that belongs to an owner, and the guilty mental state is the desire, or intent, to deprive the owner of their property.

Answer 15

Mens rea

Question 16

a defendant is criminally reckless if he or she consciously disregards a substantial and unjustifiable risk is defined as

Answer 16

recklessness

Question 17

A fourteen-year-old New Jersey girl posts a Facebook message saying that she is going to launch a terrorist attack on her high school and asking if anyone wants to help. The police arrest the girl for the crime of making a terrorist threat. The statute requires the intent to commit an act of violence with “the intent to terrorize” or “in reckless disregard of the risk of causing” terror or inconvenience. Although the girl argues that she did not intend to cause harm, the police can prosecute her under?

Answer 17

Recklessness

Question 18

What type of negligence involves the mental state in which the defendant takes an unjustified, substantial, and foreseeable risk that results in harm

Answer 18

Criminal Negligence

Question 19

Dr. Conrad Murray, the personal physician of pop star Michael Jackson, was convicted of involuntary manslaughter for prescribing the drug that led to Jackson’s sudden death. Murray had given Jackson propofol, a powerful anesthetic normally used in surgery, as a sleep aid on the night of his death, even though he knew that Jackson had already taken other sedatives.

Answer 19

Criminal Negligence

Question 20

T/F- Strict liability crimes are offenses that do not require a wrongful mental state to establish criminal liability

Answer 20

TRUE

Question 21

Crimes that cause others to suffer harm or death, such as murder, assault and battery, and robbery.

Answer 21

Violent Crime

Question 22

Crimes in which the goal of the offender is some form of economic gain or the damaging of property. Property crime includes theft-related offenses such as burglary, larceny, and forgery.

Answer 22

Property Crime

Question 23

Crimes that are contrary to public values and morals, such as public drunkenness and prostitution

Answer 23

Public Order Crimes

Question 24

n illegal act or series of acts committed by an individual or business entity using some nonviolent means to obtain a personal or business advantage. These crimes are usually committed in the course of a legitimate occupation. Examples include embezzlement, bribery, and fraud.

Answer 24

White Collar Crimea

Question 25

Crime conducted by groups operating illegitimately to provide illegal goods and services, such as narcotics. Organized crime may also include money laundering and racketeering.

Answer 25

Organized Crime

Question 26

T/F- A criminal conspiracy exists when two or more people agree to commit an unlawful act and then take some action toward its completion.

Answer 26

True

Question 27

In Arizona, a hunter who shoots an elk outside the area specified by the hunting permit has committed a crime. The hunter can be convicted of the crime regardless of her or his intent or knowledge of the law. Whether he knew he broke the law, what crime did he commit?

Answer 27

State Crimes

Question 28

What are Corporate entity's liable of?

Answer 28

-crimes committed by their agents and employees within the course and cope of their employment -for failing to perform specific duties imposed by law

Question 29

A prostitution ring, the Gold Club, was operating out of some motels in West Virginia. A motel manager, who was also a corporate officer, gave discounted rates to Gold Club prostitutes, and they paid him in cash. The corporation received a portion of the funds generated by the Gold Club’s illegal operations. Who is liable?

Answer 29

A jury found that the corporation was criminally liable because a supervisor within the corporation—the motel manager—had knowledge of the prostitution activities and the corporation had allowed the crimes to continue

Question 30

What is the liability of corporate officers and directors?

Answer 30

Corporate directors and officers are personally liable for the crimes they commit, regardless of whether the crimes were committed for their private benefit or on the corporation’s behalf May be held liable for the actions of employees under their supervision

Question 31

Under what act would a court impose criminal liability on a corporate officer who participated in, directed, or merely knew about a given criminal violation.

Answer 31

Responsible Corporate Officer Doctrine

Question 32

Austin DeCoster owned and controlled Quality Egg, LLC, an egg production and processing company with facilities across Iowa. His son Peter DeCoster was the chief operating officer. Due to unsanitary conditions in some of its facilities, Quality shipped and sold eggs that contained salmonella bacteria, which sickened thousands of people across the United States. Who would be prosecuted and why

Answer 32

The federal government prosecuted the DeCosters under the responsible corporate officer doctrine based, in part, on Quality’s failure to comply with regulations on egg production facilities.

Question 33

What crimes are against persons?

Answer 33

Violent Crimes

Question 34

the act of forcefully and unlawfully taking personal property of any value from another is considered?

Answer 34

robbery

Question 35

T/F- Force or intimidation is NOT necessary for an act of theft to be considered robbery

Answer 35

False it IS neccessary

Question 36

What is aggravated robbery?

Answer 36

robbery with the use of a deadly weapon

Question 37

T/F-Each violent crime is classified by degree, depending on the circumstances surrounding the criminal act which include: The intent of the person committing the crime Whether a weapon was used What was the pain and suffering endured by the victim of the crime

Answer 37

True

Question 38

What is the most common type of crime?

Answer 38

Property Crime

Question 39

The unlawful entry into a building with the intent to commit a felony. Common law required the act to occur at night

Answer 39

Burglary

Question 40

The wrongful taking and carrying away of another person’s personal property with the intent to permanently deprive the owner of the property.

Answer 40

Larceny

Question 41

2 Types of larceny

Answer 41

grand and petty

Question 42

a form of theft that involves trickery or fraud Example: using someone else's credit card without their permission

Answer 42

Obtaining goods by means of false pretenses

Question 43

What are the 2 specific types of theft?

Answer 43

Grand and Petty

Question 44

The theft of a small quantity of cash or low value goods is known as

Answer 44

petty theft

Question 45

the theft of a larger amount of cash or higher value property

Answer 45

grand theft

Question 46

T/F- It is a crime to receive goods that a person knows or should have known were stolen or illegally obtained

Answer 46

True, Receiving stolen goods

Question 47

the fraudulent making or altering of any writing in a way that changes the legal rights and liabilities of another

Answer 47

Forgery

Question 48

What crimes are known as victimless crimes?

Answer 48

Public Order Crimes

Question 49

A flight attendant observes a man and woman engaging in sex acts while on a flight to Las Vegas. A criminal complaint is filed, and the two defendants plead guilty in federal court to misdemeanor disorderly conduct. This is an example of what crime?

Answer 49

Public Order Crime

Question 50

A type of crime typically carried out by an employee who steals funds a small amount at a time over a long period.

Answer 50

Embezzlement

Question 51

The crime of what involves offering to give something of value to a person in an attempt to influence that person in a way that serves a private interest

Answer 51

Bribery

Question 52

T/F-There is only 1 crime in bribery and that is when the bribe is offered and accepted.

Answer 52

False, the crime of bribery occurs when the bribe is offered Accepting a bribe is a separate crime

Question 53

What are the 3 types of bribery?

Answer 53

-Bribery of public officials -Commercial bribery Involves corrupt dealings between private persons or businesses So call kickbacks, or payoffs for special favors or services -Bribery of foreign officials

Question 54

What does the Foreign Corrupt Practices Act prohibit?

Answer 54

prohibits the bribery of most officials of foreign governments if the purpose of the payment is to motivate the official to act in his or her official capacity to provide business opportunities

Question 55

T/F- The FCPA does not prohibit payments made to minor officials whose duties are ministerial

Answer 55

True

Question 56

-Requires that all companies keep detailed records that “accurately and fairly” reflect their financial activities -Requires the accounting systems of all companies to provide “reasonable assurance” that all transactions entered into the systems are accounted for and legal -Prohibits any person from making false statements to accountants or false entries in any record or account

Answer 56

Used to assist in detecting bribes by the FCPA

Question 57

A person may not profit from the purchase or sale of securities based on inside information until the information is made available to the public.

Answer 57

Insider Trading

Question 58

Two prongs of when an individual may not trade based upon “insider” information possesses insider information – AND – • has a duty to not to disclose it to outsiders

Answer 58

just know

Question 59

The Economic Espionage Act makes it a federal crime to: Steal trade secrets Buy or possess another person’s trade secrets, knowing that the trade secrets were stolen or otherwise acquired without the owner’s authorization

Answer 59

Theft of Trade Secrets and Other Intellectual Property

Question 60

Falsely reporting income that has been obtained through criminal activity as income obtained through a legitimate business enterprise—in effect, “laundering” the “dirty money.” Used to conceal identity, source or destination of illegally gained funds

Answer 60

Money Laundering

Question 61

-Use income obtained from racketeering activity to purchase any interest in an enterprise. -Acquire or maintain an interest in an enterprise through racketeering activity. -Conduct or participate in the affairs of an enterprise through racketeering activity. -Conspire to do any of the preceding activities.

Answer 61

Racketeer Influenced and Corrupt Organizations Act (RICO). The statute makes it a federal crime to:

Question 62

T/F- In the event of violation of Racketeer Influenced and Corrupt Organizations Act, government can seek criminal and civil penalties

Answer 62

True

Question 63

Crimes included are murder, kidappping, gambling,arson, robbery, bribery,extortion, money laundering, securities fraud, counterfeiting,dealing in controlled substances If a person commits two of these offenses, he or she is guilty of “racketeering activity”

Answer 63

RICO incorporates by reference 35 separate types of federal and state crimes

Question 64

Persons charged with crimes may be relieved of *** if they can show their criminal actions were justified under the circumstances If he or she lacks the required mental state

Answer 64

Criminal Liability

Question 65

Best-known defense to criminal liability is self defense

Answer 65

Justifiable use of force

Question 66

the legally recognized privilege to protect one’s self or property against injury by another

Answer 66

self defense

Question 67

Deadly force can be used in self-defense only when the defender reasonably believes that imminent death or grievous bodily harm will otherwise result. • Concept known as

Answer 67

Castle Doctrine

Question 68

criminal defendants can be relieved of liability by showing necessity—that a criminal act was necessary to prevent an even greater harm

Answer 68

defense neccessity

Question 69

T/F- Expert witnesses share their professional opinion not a fact

Answer 69

True

Question 70

A defense against liability. • Under Section 3.02 of the Moral Penal Code, this defense is justifiable if “the harm or evil sought to be avoided” by a given action “is greater than that sought to be prevented by the law defining the offense charged.”

Answer 70

Necessity

Question 71

Jake Trevor is a convicted felon and, as such, is legally prohibited from possessing a firearm. While he and his wife are in a convenience store, a man draws a gun, points it at the cashier, and demands all the cash in the register. Afraid that the man will start shooting, Trevor grabs the gun and holds onto it until police arrive. In this situation, if Trevor is charged with possession of a firearm, he can assert the defense of necessity.

Answer 71

Necessity

Question 72

James Holmes opened fire with an automatic weapon in a crowded Colorado movie theater during a screening of The Dark Knight Rises, killing twelve people and injuring seventy. Holmes had been a graduate student but had suffered from mental health problems and had left school. Before the incident, he had no criminal history. Holmes’s attorneys asserted the defense of insanity to try to avoid a possible death sentence. Although a jury ultimately rejected the defense and convicted Holmes of multiple counts of murder, he was sentenced to life in prison rather than death. If the insanity defense had been successful, Holmes would have been confined to a mental institution, not a prison

Answer 72

Insanity