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Q:
Which of the following best defines phishing?
A. It is rummaging through the trash looking for personal information.
B. It is pretending to be financial institutions or companies in order to get individuals to reveal their personal information.
C. It is stealing credit or debit card numbers by using a special storage device when processing a card.
D. It is diverting billing statements to other locations.
E. It is stealing wallets, purses, mail, credit cards, checks, tax information, and so forth.
Q:
Cooper Inc. was a company that operated primarily by sending out e-mails to its customers and requesting them to invest in their firm. Many such customers who invested later found that such a company didnt exist and that the company had merely acquired all their personal information for its own use. This scenario is an example of ______.
A. skimming
B. dumpster diving
C. phishing
D. wire fraud
E. hacking
Q:
Stealing credit card or debit card information by using a special storage device when someone is processing their card is called ______.
A. phishing
B. hacking
C. infringing
D. spamming
E. skimming
Q:
Rummaging through trash looking for personal information is known as ______.
A. skimming
B. dumpster diving
C. phishing
D. larceny
E. racketeering
Q:
Which of the following is necessary to prove the intent to fraud?
A. The defendant must establish beyond a reasonable doubt that there is lack of intent to defraud.
B. The government has to prove actual reliance on the defendants misrepresentations.
C. The government has to produce proof of damages to apply criminal liability for mail and wire fraud.
D. The government must establish beyond a reasonable doubt that the defendant acted with a specific intent to defraud.
E. The defendant has to prove that he or she acted in good faith and that his or her actions caused no damages to the government.
Q:
Which of the following statements is true of a material fact?
A. It means to act knowingly and with a specific intent to deceive someone, ordinarily for bringing financial gain to oneself or causing financial loss to that person.
B. It is a plan or a program designed to take from a person the tangible right of honest services.
C. It is important to a reasonable person in deciding whether or not to engage in a particular transaction.
D. It can be a defense to a contract and can also form the basis of a civil tort action.
E. It is a statement or representation that is known to be untrue or is made with reckless indifference to its truth or falsity.
Q:
In a criminal activity, which of the following refers to the payments made to a person who has facilitated a transaction?
A. kickbacks
B. accessories
C. advance fees
D. novations
E. counterfeits
Q:
______ is a complete defense to fraud as it is inconsistent with the defendants intent to defraud or willfulness, purposes essential to the charges.
A. Negligence
B. Good faith
C. Credibility
D. Reasonableness
E. Probable cause
Q:
______ is a plan or program designed to take from a person the tangible right of honest services.
A. Theft by deception
B. A scheme to defraud
C. An intent to defraud
D. Fraudulent misrepresentation
E. Disparagement
Q:
Which of the following type of fraud combines the threat of impersonation fraud with a variation of an advance fee scheme where the recipient has the opportunity to share a percentage of millions of dollars?
A. 419 fraud
B. Ponzi scheme
C. embezzlement
D. identity fraud
E. telemarketing fraud
Q:
Which of the following is a type of fraud that occurs when the victim pays money to someone in anticipation of receiving something of greater value, then receives little or nothing in return?
A. impersonation fraud
B. telemarketing fraud
C. advance fee scheme
D. identity fraud
E. Ponzi scheme
Q:
Which of the following is an example of a Ponzi scheme?
A. Ursula pays an advance of $500 to Stan Electronics for a microwave oven, which is not delivered to her as promised.
B. Harry assumes his father Toms identity when swiping Toms credit card for purchases and signing the receipts.
C. Jenny receives a call from a person selling mobile phones and purchases a phone by giving her financial information to the unknown caller.
D. Heidi receives an e-mail which offers her an opportunity to share a percentage of millions of dollars.
E. James invests his funds with Tim who promises James high returns but flees with the remainder of the money after attracting new investors.
Q:
A statement or representation is ______ if it is known to be untrue or is made with reckless indifference as to its truth or falsity.
A. fraudulent
B. a material fact
C. a felony
D. a misdemeanor
E. in good faith
Q:
The Fifth Amendment is best known for its protection against
A. compulsory self-incrimination.
B. probable cause.
C. search warrants.
D. nolo contendere.
E. larceny.
Q:
The Fifth Amendment provides in part that no person [shall] be subject for the same offense to be twice put in jeopardy of life or limb. This is known as the ______.
A. exculpatory clause
B. double jeopardy clause
C. defendant protection clause
D. specific crime clause
E. double trial clause
Q:
Which of the following statements is true of the Fifth Amendment?
A. It excludes those individuals who are under compulsory self-incrimination.
B. It protects the accused from being compelled to produce real or physical evidence.
C. It allows the use of written evidence in self-incrimination cases.
D. It is extremely effective against a sole proprietorship business.
E. It is beyond its scope to protect an accused from being forced to testify against himself or herself.
Q:
Double jeopardy means
A. committing the same crime twice.
B. the prohibition of trials of the same crime in state and federal courts.
C. losing the trial and the appeal in the same case.
D. being arrested twice for gambling.
E. being tried for the same crime twice.
Q:
Which of the following is true of the double jeopardy clause?
A. It states that a person can be tried twice for the same offense under criminal and civil law.
B. It states that a person cannot be tried twice even if the same crime violates both federal and state laws.
C. It states that a federal and state governmental prosecutor cannot cooperate for one conviction.
D. It states that if the factual evidence is the same, an individual can be tried twice under different sections of law.
E. It allows for two trials, one in federal court and the other in a state court, if an individual violates both federal and state laws.
Q:
Which of the following statements is true about the right of a police officer to search a person, automobile, or premises?
A. Officers carrying out a search are usually excused from providing evidence of a crime to court to obtain search warrants.
B. Officers making an arrest need a search warrant to search the immediate area around that person for weapons.
C. The right to search for evidence is extended to the premises of persons who are innocent of criminal conduct.
D. Building inspectors have the right to inspect for building code violations without a warrant even when the owner of the premises objects.
E. A warrantless inspection of commercial premises is unconstitutional and violates the Fourth Amendment.
Q:
Which of the following scenarios is an example of an irrevocable consent to a warrantless search?
A. a person living in his or her apartment
B. a building constructor suspected to have violated a building code
C. a lawyers office
D. a passenger making his or her way through an airport checkpoint
E. a celebrity having a party on his or her premises
Q:
Which of the following is true about making arrests in exigent circumstances?
A. Police officers are required to consult lawyers and district attorneys about the criminal case.
B. Police officers are to required halt any further operations of investigation and hand over the investigation to higher authorities.
C. Police officers are required to withdraw from making any further arrests in a criminal case.
D. Police officers are allowed to conduct a search without any search warrants.
E. Police officers are not permitted to conduct any search of the premises of persons who are innocent of criminal conduct.
Q:
A grand jury transcript may be used at a trial to
A. make additional charges.
B. impeach a witness.
C. substitute for testimonies of witnesses unavailable at trial.
D. give a judge background and insight as to how the indictment was arrived at.
E. pronounce the guilt of the accused.
Q:
Which of the following terms denotes the rights that protect individuals from the power of the government, including individuals accused of crimes?
A. civil liberties
B. nolo contendere
C. probable cause
D. presumption of innocence
E. novation
Q:
Which of the following terms refers to the determination by a majority of the grand jury that a crime has been committed and that the evidence is sufficient to warrant the accuseds standing trial?
A. probable cause
B. nolo contendere
C. presumption of innocence
D. self-incrimination
E. presumption of guilt
Q:
Which of the following statements is true of a nolo contendere plea?
A. It excuses a defendant from jail sentence.
B. It allows the prosecutors to bring forth a civil and a criminal suit against the defendant.
C. It imposes the cost of the trial on the defendant.
D. It avoids criminal convictions that may provide a basis for civil suits.
E. It is referred to as a plea of absolute contest.
Q:
Which of the following statements is true of a grand jury?
A. It requires the presence of at least 21 persons to hear evidence and vote on cases.
B. It normally consists of 12 citizens who live within the jurisdiction of the court.
C. It usually attempts to determine if the accused is guilty of a crime.
D. It is not authorized to subpoena business records.
E. It uses probable cause as the standard to obtain an indictment.
Q:
Which of the following is a feature of a grand jury?
A. A grand jury attempts to determine if the accused is guilty or innocent.
B. A grand jury serves as an investigative body.
C. A grand jury consists of sixteen citizens.
D. A grand jury presents the evidence to determine the guilt of the accused.
E. A grand jury consists of a group of bureaucrats and lawyers.
Q:
Proper functioning of the grand jury system depends upon the
A. performance of the petit jury.
B. number of accused in a case.
C. secrecy of the proceedings.
D. date of the actual crime.
E. socioeconomic status of the criminals in a case.
Q:
Which of the following refers to nolo contendere?
A. guilty
B. double jeopardy
C. not guilty
D. larceny
E. no contest
Q:
Which of the following is an example of a white-collar crime?
A. homicide
B. genocide
C. kickback
D. manslaughter
E. euthanasia
Q:
The classification of crimes as felonies or misdemeanors is based on the
A. location.
B. prior record of the defendant.
C. punishment imposed if convicted.
D. judges prerogative.
E. jurys indictment.
Q:
______ are punishable by a fine or jail sentence of less than one year.
A. Felonies
B. Conspiracies
C. Larcenies
D. Misdemeanors
E. Embezzlements
Q:
A person in a private civil action found to have violated the Racketeer Influenced and Corrupt Organizations Act (RICO) is liable for treble, or triple, damages as well as for costs and attorneys fees.
Q:
In accordance with the sentencing guidelines, federal judges are not allowed to decide for themselves if the defendants deserve sentences longer or shorter than the ranges in the guidelines.
Q:
Recent trends suggest an increase in prosecution of white-collar criminals and legislative efforts to protect the public from fraud.
Q:
Which of the following statements is true of a white-collar crime?
A. It is usually committed for personal financial gain.
B. It predominantly involves heavy use of violence and physical force.
C. It excludes criminals of high socioeconomic status.
D. It is based on personal revenge rather than material or property gains.
E. It predominantly applies to offenses that occur outside a business or a professional setting.
Q:
An insured bank is one whose deposits are insured by the Federal Deposit Insurance Corporation.
Q:
Stealing company property such as vehicles or computers is a form of larceny.
Q:
In a case of fraud, the government must prove actual reliance upon the defendants misrepresentation.
Q:
Unsuccessful concealment can be used as a defense in the case of a bankruptcy crime.
Q:
The essence of a conspiracy offense is the making of the agreement itself without the commission of any overt act.
Q:
A formal agreement among members is necessary in a crime involving conspiracy.
Q:
A person can be convicted of conspiracy even if he or she did not know all the details of an unlawful scheme.
Q:
A person cannot be charged with conspiracy if the individual becomes involved after the conspiracy is stopped and the criminal conduct does not occur.
Q:
The right to an attorney exists in any cases where incarceration is a possible punishment.
Q:
Courts allow individuals to be tried twice by the same governmental entity for the same crime based on the same factual situation.
Q:
In civil law, the doctrine of res judicata bars subsequent civil actions involving the same parties, claims, demands, or causes of action.
Q:
The Sixth Amendment gives the right to a speedy and public trial in a criminal matter.
Q:
The jurys perspective on facts is used in preference to the professional, or perhaps biased, response of a judge.
Q:
The right to a jury trial extends to state juvenile court proceedings.
Q:
The protection against compulsory self-incrimination applies to corporations, including professional corporations and partnerships.
Q:
In a criminal trial, when a defendant is found not guilty, the prosecutor is required to request a second trial from the judge (or jury).
Q:
The only business protected by the Fifth Amendment privilege against compulsory self-incrimination is a sole proprietorship.
Q:
The Fifth Amendment protects the accused from being compelled to produce real or physical evidence.
Q:
The Bill of Rights was passed because of the concern that too much power was given to a central government by the Constitution at the expense of the individual citizen.
Q:
Exigent circumstances justify a warrantless search when the exigency is created or manufactured by the police.
Q:
A city building inspector must obtain a search warrant to inspect for building code violations if the owner of the premises objects to the search.
Q:
The Securities and Exchange Commission (SEC) can use confidential reports obtained in the course of its routine operations to establish a violation of federal law.
Q:
Mere silence can invoke Miranda protections.
Q:
Grand jurors may subpoena business records.
Q:
In the context of criminal intent, knowledge can be easily established by demonstrating that the accused was negligent, careless, or foolish.
Q:
The grand jury attempts to determine if the accused is guilty of a crime.
Q:
Once a grand jury is convened, not more than ten members must be present to hear evidence and vote on cases.
Q:
Defense counsel is not allowed to accompany a witness before a grand jury.
Q:
Felonies are punishable by fine or imprisonment in a penitentiary for a period of one year or more.
Q:
Misdemeanors are punishable by a mandatory jail sentence of 18 months.
Q:
Felony cases are commenced with the filing of an information, and misdemeanors are commenced by a grand jury indictment.
Q:
The plea nolo contendere allows sentencing just as if the defendant pleaded guilty or was found guilty.
Q:
White-collar crimes are largely dependent on the threat of physical force or violence.
Q:
What must a plaintiff do, according to the Supreme Court, in order to sue a foreign firm in the United States?
Q:
What is the primary requirement of the Hague Service Convention?
Q:
What are some of the advantages of arbitration of international disputes?
Q:
Briefly explain the doctrine of sovereign immunity?
Q:
What are the reasons for a company to create a foreign subsidiary in a host country?
Q:
Briefly discuss the concept of a joint venture.
Q:
What is the purpose and application of the Alien Tort Statute and how is it applied?
Q:
Briefly describe a common method to obtain payment from a buyer in the international sale of goods.
Q:
What are the advantages of a licensing arrangement for an international business?
Q:
What is a franchise?
Q:
What is the purpose of the International Monetary Fund and the World Bank?