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Q:
Copyright for a work can only be claimed once the U.S. Copyright Office issues it.
Q:
If an invention is obvious, then it does not qualify for a patent.
Q:
Utility patents for inventions are valid for the whole of the inventor's life and 70 years after that.
Q:
The patent term begins to run from the date the patent is issued.
Q:
In the United States, the first person to invent an item or a process is given patent protection over a later inventor who was first to file a patent application.
Q:
The ________ Amendment protects criminal defendants from cruel and unusual punishment.
Q:
A competitor can lawfully discover a trade secret by performing reverse engineering.
Q:
A patent can only be claimed for a limited amount of time.
Q:
Improvements to existing machines, processes, or compositions of matter cannot be patented.
Q:
The ________ Amendment guarantees that a criminal defendant has the right to a public jury trial.
Q:
________ is the taking of another's personal property other than from his or her person or building.
Q:
________ is defined as the taking of personal property from another person by the use of fear or force.
Q:
The willful or malicious burning of a building is called ________.
Q:
________ crimes are prone to being committed by businesspersons, and usually involve cunning and deceit rather than physical force.
Q:
________ is a federal act that provides for both criminal and civil penalties for racketeering.
Q:
________ is a Fifth Amendment provision that a person may not be required to be a witness against himself or herself in a criminal case.
Q:
________ crimes require that the perpetrator intended to achieve a specific result from his illegal act.
Q:
If the grand jury determines that there is sufficient evidence to hold the accused for trial, it issues a(n) ________.
Q:
________ is defined as the substantial likelihood that a person either committed or is about to commit a crime.
Q:
A party may enter a plea of ________, whereby the accused agrees to the imposition of a penalty but does not admit guilt.
Q:
A(n) ________ is an agreement in which the accused admits to a lesser crime than charged, and in return, the government agrees to impose a lesser sentence than might have been obtained had the case gone to trial.
Q:
Discuss mail fraud and wire fraud.
Q:
In a criminal case, the government is represented by the ________.
Q:
The two elements that are required to be found guilty of an intent crime are ________ and ________.
Q:
In legal terminology, evil intent is also known as ________.
Q:
Which of the following Amendments protects criminal defendants from cruel and unusual punishment, and also protects criminals from torture?
A) Fifth Amendment
B) Eighth Amendment
C) Fourth Amendment
D) Fourteenth Amendment
Q:
Why do governments and defendants enter into plea bargains?
Q:
Give an account of the Racketeer Influenced and Corrupt Organizations Act (RICO) in business law.
Q:
Explain the role of penal codes and regulatory statutes in criminal law.
Q:
Discuss "receiving stolen property" as a crime.
Q:
Under which of the following circumstances is a warrantless search permitted?
A) if there is no probable cause
B) if the suspect has been previously convicted
C) if evidence is not in plain view
D) if evidence is likely to be destroyed
Q:
According to the ________, evidence obtained from an unreasonable search and seizure can generally be prohibited from introduction at a trial or an administrative proceeding against the person searched.
A) Miranda rights
B) exclusionary rule
C) presumption of innocence doctrine
D) double jeopardy rule
Q:
Which Fifth Amendment provision in the U.S. Constitution do the Miranda Rights refer to?
A) parole eligibility
B) privilege against self-incrimination
C) unreasonable searches and seizures
D) double jeopardy
Q:
The Double Jeopardy Clause of the Fifth Amendment protects persons from ________.
A) evidence procured through unreasonable search and seizures
B) being tried twice for the same crime
C) confessions obtained through physical force during an interrogation
D) being subjected to a heavier penalty or longer imprisonment than originally sentenced to
Q:
Which of the following would violate the Double Jeopardy Clause?
A) The government reopens a case after new incriminating evidence is found against an acquitted person.
B) A person is tried for a case similar to a case from which he was acquitted earlier.
C) A case reaches a hung jury in court and the government reopens the case with a new jury.
D) The criminal act violates more than one jurisdiction and each jurisdiction tries the accused in turn.
Q:
Which of the following rights was provided under the Sixth Amendment?
A) double jeopardy
B) right to due process
C) right to public jury trial
D) right against self-incrimination
Q:
Gregory Aimes, who is being tried for murder, has been appointed Linda Steve as an attorney for his defense. While questioning Gregory about the case, Linda gets a confession of murder from Gregory. Linda cannot divulge this information to the proper authorities due to the attorney-client privilege, wherein all information exchanged between client and attorney are confidential. Under which one of the following conditions can Linda lawfully break her attorney-client privilege with Gregory?
A) if Gregory discloses to Linda about a planned future murder
B) if Linda voluntarily resigns as Gregory's attorney
C) if Gregory asks that Linda be replaced as his attorney
D) if Gregory is acquitted in the case
Q:
Which one of the following types of protection does the Fourth Amendment provide to U.S. citizens?
A) protection from cruel and unusual punishment for a criminal defendant
B) protection from unreasonable search and seizure by the government
C) protection against being tried for the same case twice
D) protection against self-incrimination
Q:
Mark and Jack work as clerks at the New Bank of North America, which they plan to rob. In order to plan and execute the robbery, Mark and Jack obtained the floor plans of the bank, studied security arrangements and movements of security personnel. They even got weapons, incase force is required, as they plan to rob the bank during working hours. But the police got information about the plan and arrested Mark and Jack, and thus prevented the robbery from taking place. Which of the following crimes have Mark and Jack committed?
A) criminal conspiracy
B) extortion
C) money laundering
D) larceny
Q:
Which of the following crimes is an example of a white-collar crime?
A) battery
B) larceny
C) arson
D) forgery
Q:
The fraudulent making or alteration of a written document that affects the legal liability of another person is called ________.
A) larceny
B) extortion
C) forgery
D) embezzlement
Q:
________ is the fraudulent conversion of property by a person to whom that property was entrusted.
A) Embezzlement
B) Bribery
C) Forgery
D) Extortion
Q:
________ is a crime in which one person gives another person money, property, favors, or anything else of value for a favor in return.
A) Bribery
B) Battery
C) Embezzlement
D) Larceny
Q:
The crime of ________ involves the obtaining of property from another, with his or her consent, induced by wrongful use of actual or threatened force, violence, or fear.
A) embezzlement
B) bribery
C) money laundering
D) extortion
Q:
Which of the following does the Money Laundering Act prohibit?
A) the use of mails or wires to defraud another person
B) knowingly engaging in a financial transaction involving the proceeds of an unlawful activity
C) obtaining property from another, with his or her consent, induced by wrongful use of actual or threatened force
D) the fraudulent conversion of property by a person to whom that property was entrusted
Q:
What is nolo contendere in legal proceedings?
A) a plea by which the defense attorney sets out reasons as to why the case should not go to trial
B) a plea where the accused agrees to the imposition of a penalty but does not admit guilt
C) a plea by which the defense attorney exhibits evidences that the defendant is not fit to stand for trial
D) a guilty plea where the defendant does not admit the act and asserts innocence though there is sufficient evidence against the defendant
Q:
A jury that cannot come to a unanimous decision about the defendant's guilt is called a(n) ________.
A) grand jury
B) open jury
C) struck jury
D) hung jury
Q:
Roland and Kelly were involved in a car accident in which Kelly was badly injured and had to be hospitalized. After the accident was investigated, it was found that Roland's negligence was the cause of the accident. Duly, he was charged with reckless driving, a crime. What course of action should Roland take to avoid being sued by Kelly, holding him liable for her injuries and subsequent hospital bills?
A) plead not guilty and go to trial
B) enter into a plea of nolo contendere
C) plead guilty and serve the punishment set by the government, as this will suffice as the all-binding punishment for the crime
D) enter into a plea bargain with the government and pay a nominal penalty set by the government
Q:
What is the necessary condition for an accused person to be found guilty by a jury?
A) The jury's guilty verdict has to be approved by the presiding judge.
B) At least half the jurors have to find the defendant guilty of the crime.
C) More than 50 per cent of the jurors have to find the defendant guilty of the crime.
D) All the jurors have to unanimously agree that the defendant is guilty of the crime.
Q:
Where is the felony murder rule applied?
A) when the felon in the case was killed while the crime transpired
B) when the murder was committed without intent, while committing another crime
C) when the reason for the death is found to be involuntary manslaughter
D) when the crime involves the intended murder of another person
Q:
The wrongful or fraudulent taking of another's personal intangible properties like trade secrets, computer programs, and other business property is considered as a(n) ________.
A) robbery
B) larceny
C) aggravated robbery
D) aggravated burglary
Q:
________ is defined as the substantial likelihood that a person either committed or is about to commit a crime.
A) Preponderance of evidence
B) Reasonable doubt
C) Probable cause
D) Reasonable suspicion
Q:
Which of the following is a difference between indictments and information statements?
A) Indictments are issued before a trial, while an information statement is issued after a trial.
B) Indictments are issued by a grand jury, while an information statement by a magistrate.
C) Information statements are issued to dismiss a case before it goes to trial, while an indictment is issued to bring a case to trial.
D) Information statements are issued without determining guilt, while an indictment is issued where guilt is evident.
Q:
A(n) ________ is a charge of having committed a crime, usually a felony, based on the judgment of a grand jury.
A) arraignment
B) information statement
C) indictment
D) plea
Q:
At what stage of the criminal procedure is the accused asked to enter a plea?
A) when the accused is taken to an arraignment
B) while an indictment or information statement is being issued
C) when the accused is being booked
D) when the accused is being arrested
Q:
A(n) ________ is a document for a person's detainment, based on a showing of probable cause that the person committed a crime.
A) arrest warrant
B) possessory warrant
C) no-knock warrant
D) execution warrant
Q:
Tim Talon has been found by a court of law to be guilty of reckless driving and killing a pedestrian as a consequence. His defense was that he was driving under the influence of alcohol and lost control of his automobile. He was subsequently punished for his crime. How would the court classify Tim Talon's case for intent?
A) general intent crime
B) criminal intent crime
C) specific intent crime
D) nonintent crime
Q:
Which two elements are required to find a defendant guilty of an intent crime?
A) victim and criminal intent
B) motive and criminal intent
C) criminal act and criminal intent
D) criminal act and proof of gain
Q:
________ crimes require that the perpetrator either knew or should have known that his or her actions would lead to harmful results.
A) Nonintent
B) Specific intent
C) General intent
D) Explicit intent
Q:
When is a criminal said to be judgment proof?
A) when the criminal has not been read his Fifth Amendment rights prior to his arrest
B) when the criminal does not have the money to pay a civil judgment
C) when the criminal is found to be unfit to go to prison
D) when the criminal has been deemed to be insane
Q:
________ include environmental laws, securities laws, and antitrust laws and provide for criminal violations and penalties.
A) Constitutions
B) Regulatory statutes
C) Resolutions
D) Charters
Q:
Who is the plaintiff in a criminal lawsuit?
A) the government
B) the respondent
C) a private party
D) the victim
Q:
In the United States, what recourse does an accused person have in case he cannot afford a private defense lawyer?
A) He will have to spend his time in jail till he can collect enough money to afford one.
B) A public defender will be appointed to the accused by the government for a nominal fee.
C) He will have to defend himself when the trial starts.
D) The government will provide an attorney for the accused free of charge.
Q:
________ are the most serious of crimes, and are considered to be inherently evil.
A) Felonies
B) Infractions
C) Misdemeanors
D) Summary offences
Q:
A(n) ________ is considered a less serious crime; not inherently evil but prohibited by society; and is punishable by fines or imprisonment for one year or less.
A) misdemeanor
B) indictable offence
C) felony
D) violation
Q:
A person found speeding is considered to have committed a(n) ________.
A) misdemeanor
B) felony
C) violation
D) indictable offence
Q:
The attorney-client privilege can only be raised by the defendant.
Q:
A suspect can assert his Fifth Amendment privilege even after he is given a grant of immunity.
Q:
The Fourth Amendment protects people from being tried twice for the same crime.
Q:
A defendant is protected by the Double Jeopardy Clause if his case reaches a hung jury.
Q:
A collection of criminal statutes is referred to as a(n) ________.
A) bill
B) constitution
C) penal code
D) charter
Q:
The Miranda Rights assures the arrested that a lawyer will be appointed to the arrested if he or she cannot afford one.
Q:
The exclusionary rule allows for evidences obtained from an unreasonable search and seizure to be introduced in trial.
Q:
The Fifth Amendment to the U.S. Constitution provides that no person shall be compelled in any criminal case to be a witness against himself.
Q:
Corporations and businesses can seek protection under privilege against self-incrimination.
Q:
Obtaining nontestimonial evidences like fingerprint and body fluids violates the privilege against self-incrimination provision.
Q:
A confession obtained from a person who has not been read the Miranda rights is not admissible in court.
Q:
The Racketeer Influenced and Corrupt Organizations Act (RICO) applies only to organized crimes.
Q:
Persons injured by a RICO violation can bring a private civil RICO action against the violator.
Q:
In a criminal conspiracy crime, the commission of the act is not necessary.