Q&A Hero

Q: Consent can be a defense to battery only if the consent is freely and intelligently given.

Q: Define crimes, and differentiate between felonies and misdemeanors, mentioning the penalties by which each is punishable.

Q: What are the essential elements that must be shown by the government to obtain a criminal conviction?

Q: Both federal and state laws spell out the specifics of cybercrime. According to these laws: A. accessing the services of a commercial service provider without paying fees is a crime. B. altering or destroying data stored in another person's computer is not considered illegal. C. a corporation is not liable for the online activities of its employees. D. only an individual may face liability based on the use of electronic communication; corporations are out of their purview.

Q: Which Act protects against unauthorized interception of electronic communications? A. The Wiretap Act B. The Stored Communication Act C. The Computer Fraud and Abuse Act D. The Cyber Security Enhancement Act

Q: The Computer Fraud and Abuse Act: A. includes only criminal penalties. B. prohibits interference with computers used by the government or financial institutions. C. prohibits an authorized person from unknowingly transmitting a code to a computer used in interstate commerce. D. enables providers to disclose the contents of electronic communication to intelligence officials.

Q: Which of the following statements is true about the Cyber Security Enhancement Act of 2002? A. It prohibits acts of sabotage or vandalism to protected computers or networks. B. It authorizes death penalty for individuals who knowingly or recklessly commit a computer crime specifically in foreign commerce. C. It authorizes a 10-year sentence for individuals who recklessly commit a computer crime that results in serious bodily injury. D. It allows an ISP to disclose private information to a government agent if the ISP believes that the information concerns a serious crime.

Q: The CAN-SPAM Act: A. requires that all e-mail messages be labeled. B. requires that unsolicited commercial e-mail include opt-out instructions. C. prohibits interference with computers used by the government or financial institutions. D. allows an ISP to disclose private information to a government agent if the provider believes that the information concerns a serious crime.

Q: The "Convention on Cybercrime" obligates participating countries to: A. disclose private information to government agents. B. create a "do-not-e-mail registry."

Q: Which of the following is an example of cooperative antibribery efforts aimed at combating corruption in international business dealings? A. ECPA B. CFAA C. IACAC D. CSEA

Q: Dexter Hemingway is the CEO and Todd Bradley is the CFO of Maxwell Inc. Unknowingly, both signed the financial report for the year 2006-07, which was later found to be fraudulent and misleading. Can they be held liable for punishment? A. Under the Sarbanes-Oxley Act, both of them must reimburse the company. B. Under the Sarbanes-Oxley Act, only the CEO will be liable for punishment. C. Under RICO, both of them are required to reimburse the company. D. Under RICO, only the CFO will be liable for punishment.

Q: The _____ includes civil, criminal, and accounting reforms that drastically expand the accountability demanded of corporate officers and directors. A. Electronic Communications Privacy Act B. Foreign Corrupt Practices Act C. Computer Fraud and Abuse Act D. Sarbanes-Oxley Act

Q: Which of the following statements is true of RICO? A. It prohibits using income derived from racketeering activity to acquire an interest in an enterprise. B. Companies involved in bribery do not face civil liability. C. Participating in an enterprise through a pattern of racketeering activity is permissible. D. To be charged for racketeering, the prosecution must prove, at a minimum, the commission of a single offense within a 10-year period.

Q: Under RICO, _____ is considered a racketeering activity. A. arson B. homicide C. extortion D. larceny

Q: Under the mandates of RICO, an individual injured by the racketeering of a company can claim treble damages. This means that he/she can: A. recover three times the damage plus attorneys' fees. B. recover two times the damage plus attorneys' fees. C. only recover three times the damage. D. recover the basic amount lost plus attorneys' fees.

Q: The responsible corporate officer doctrine: A. directs that corporate officials and agents may be held liable for crimes they aid and abet. B. states that officials cannot be tried for homicide and related crimes. C. says that corporate officials have no liability if they have no knowledge of the activities in question. D. directs that corporate officials may be tried only for crimes that they personally commit.

Q: Which of the following statements is true about the Federal Sentencing Guidelines? A. They are designed to establish consistent sentences for homicides only. B. They require judges to arrive at a sentence by using a formula based on the seriousness and circumstances of the crime. C. They specifically mandate lenient penalties for corporations dealing with white-collar crimes. D. They mandate a minimum one-month prison term for tax frauds.

Q: Under the Sarbanes-Oxley Act of 2002: A. it is a misdemeanor to defraud shareholders. B. it is a felony to defraud shareholders of a private company. C. whistleblowers are offered legal protection. D. CEOs and CFOs cannot be held liable for any misconduct.

Q: The Fourth Amendment safeguards are designed to protect individuals from arbitrary and unreasonable governmental intrusion on their right to privacy. In assessing whether a governmental action has infringed on an individual's rights, the court: A. will always grant the government the ability to do whatever it deems necessary. B. must balance the governmental need against the rights of the individual. C. will always rule in favor of individual rights over that of the government. D. must balance both, but ultimately grant the government the ability to do whatever it deems necessary.

Q: One of the major criticisms faced by the USA PATRIOT Act is that: A. it compromises the public's Fourth Amendment rights. B. it increases judicial and congressional oversight on the use of increased surveillance techniques. C. it tips the balance too heavily in the individual's favor. D. it decreases the information-sharing power between investigative agencies.

Q: What is a white-collar crime? A. It is a nonviolent crime committed against the federal investigative agencies. B. It is a terrorism-related crime that poses significant threat to the general public. C. It is a nonviolent crime committed by businesspersons and organizations. D. It is a violent crime committed against businesspeople and organizations.

Q: The prohibition against excessive bail and fines can be found in the: A. Eighth Amendment. B. Fourth Amendment. C. Fifth Amendment. D. Sixth Amendment.

Q: Which of the following is included in the Fifth Amendment? A. The prohibition against double jeopardy B. The prohibition against excessive bail and fines C. The exclusionary rule D. The right of confrontation

Q: The _____ Amendment prohibits arbitrary and unreasonable governmental intrusion of the right to privacy. A. Fifth B. Sixth C. Fourth D. Eighth

Q: Illegally gained evidence such as evidence resulting from "unreasonable searches and seizures" cannot be used in criminal prosecutions. This is a safeguard enjoyed by criminal defendants under the: A. Miranda warning. B. exclusionary rule. C. right of confrontation. D. double jeopardy.

Q: Which of the following statements is true about the Miranda warning? A. It is a protection offered to the U.S citizens under the Eighth Amendment. B. It gives defendants the right to a speedy, public trial by a jury of their peers. C. It allows accused persons the right to confront accusers and cross-examine them. D. It gives people charged with a criminal offence the right to be represented by effective counsels.

Q: Mrs. Medea killed her illegitimate child and buried it in her backyard, soon after giving birth to it in 1952. Thirty-seven years later, in September 1989, Medea called Captain Erebus Ereshkigal of the New York Police Department and blurted out the story over the telephone before Ereshkigal could utter a single word. She then told him that voices from her backyard told her to confess to the crime. Medea told the police where to dig, and they unearthed a metal box containing the skeletal remains of a baby in her yard. Which of the following is a true statement? A. The remains cannot be used in evidence against Medea because this would violate her Fifth Amendment privilege against self-incrimination. B. The remains can be used in evidence against Medea because this would not violate her Fifth Amendment privilege against self-incrimination. C. The remains cannot be used in evidence against Medea because Erebus did not inform her of her right to remain silent before she told him her story. D. The remains can be used in evidence against Medea because they are not incriminating to her.

Q: Disenfranchisement refers to the loss of the right to vote: A. when a person is convicted of a white-collar crime. B. when a person is convicted of abuse. C. which might result from the conviction of a felony. D. as a result of misdemeanor.

Q: For a person to be convicted of criminal behavior, which of the following statements would be true? A. The state must demonstrate a prior statutory prohibition of the act. B. Insanity at the time the criminal act was committed can convict a defendant for it. C. Criminal defendants are presumed guilty. D. Those who commit a prohibited act before the effective date of the statute may be prosecuted.

Q: "Mens rea" means: A. misdemeanors. B. public wrongs. C. insanity. D. criminal intent.

Q: According to the concept of ____, a 13-year old accused of shoplifting cannot be convicted. A. infancy B. insanity C. premeditation D. intoxication

Q: Alex had planned to murder his business partner, Bard, and acquire Bard's shares. When he performed the deed, he was in a highly intoxicated state. The court: A. will hold him incapable of forming intent and give a bail. B. will hold him capable of forming intent and punish him for first-degree murder. C. will hold him incapable of forming intent and punish him for second-degree murder. D. will hold him capable of forming intent and give him a death penalty.

Q: In which of the following ways can insanity affect a criminal trial? A. The trial may be delayed until the defendant regains sanity. B. A defendant who becomes insane before sentencing can be sentenced. C. Insanity at the time of the criminal act will not absolve the defendant of criminal liability. D. The defendant will be acquitted but will have to undergo treatment.

Q: Under the ECPA, an electronic communication provider may disclose the contents of an electronic communication if the disclosure was made as part of government-authorized surveillance.

Q: The chief executive officer (CEO) and chief financial officer (CFO) must certify reports submitted to the SEC.

Q: Acquiring or maintaining an interest in an enterprise through a pattern of racketeering activity is prohibited under RICO.

Q: The treble damages provision is applicable to individuals injured by violations of the Sarbanes-Oxley Act of 2002.

Q: The Foreign Corrupt Practices Act makes it a crime for any American firm to offer a gift to a foreign official.

Q: Defendants in criminal cases have the right to remain silent and cannot be compelled to testify against themselves.

Q: Under the doctrine of double jeopardy, acquitted defendants can be tried twice for the same crime.

Q: The USA PATRIOT Act restricts law enforcement's ability to use surveillance techniques and calls for increased judicial and congressional oversight.

Q: A corporate officer may sometimes be found liable even when the officer had no actual knowledge of, or control over, the activities in question.

Q: Non-testimonial evidence such as fingerprints, hair samples, and bodily fluids can be obtained through compulsion.

Q: Conviction of a felony can result in disenfranchisement.

Q: Ex post facto laws are statutes that would punish someone for an act that was considered criminal when the act was committed.

Q: The concept of infancy is a set of common law presumptions about the relation between capacity and gender.

Q: Voluntary intoxication is a complete defense to a crime.

Q: Duff Beer applied to the Bureau of Alcohol, Tobacco and Firearms (BATF) for approval of proposed labels and advertisements that disclosed the alcohol content of its beer. BATF rejected the application on the grounds that the Federal Alcohol Administration Act prohibited disclosure of the alcohol content of beer on labels or in advertising. The labeling regulations also prohibited the use of descriptive terms that suggest high alcohol content, such as "strong," "full strength," or "extra strength." Duff claimed the labeling restrictions violated its First Amendment rights. The government responded that the ban was necessary to suppress the threat of "strength wars" among brewers, who, without the regulation, would seek to compete in the marketplace based on the potency of beer. Discuss the analysis courts will use in evaluating the constitutionality of this restriction.

Q: Explain the process followed by the courts in accordance with the Chevron Doctrine to determine whether to sustain an agency's interpretation of the statutory scheme it is charged with administering.

Q: Crimes are private wrongs, pursued by private attorneys.

Q: When is strict scrutiny analysis triggered?

Q: Briefly discuss the constitutional safeguards of "pure" or political speech.

Q: Many of the administrative agencies have the power to: A. make laws. B. issue regulations that have the force of law. C. conduct trials involving juries. D. adjudicate disputes involving alleged violations of the Commerce Clause.

Q: The courts will overturn the independent agency's action when: A. an agency's rules are unwise, though it does not exceed its regulatory authority. B. an agency's rulemaking does not exceed its regulatory authority. C. the agency decisions are arbitrary and capricious. D. the court does not set out adequate guidelines for agency action.

Q: The independent agencies often exercise _____ to gain access to witnesses and documentary evidence, as many people will not voluntarily cooperate with information requests. A. the power of eminent domain B. a subpoena power C. an enforcement power D. a coercive power

Q: Which of the following statements is true about the adjudicatory power of the independent agencies? A. Those who are unhappy with the agencies' actions cannot appeal to the court of law. B. Since they involve juries, rules of evidence are more strictly observed. C. Their hearings are much more formal than court trials. D. Some of them regulate primarily on a case-by-case basis through their decisions.

Q: The retail price of wine in Kansas was consistently higher than the price of wine in bordering states. As a result, Kansas residents living in border areas frequently crossed state lines to purchase wine at lower prices. Accordingly, Kansas enacted a statute that required out-of-state shippers of wine to affirm that their posted prices for products sold to Kansas wholesalers, as of the moment of posting, was no higher than the prices at which those products were sold in the bordering states. Does the statute violate the Commerce Clause?

Q: The explosion of government regulation in the United States has witnessed an accompanying social phenomenon of great importance which is: A. the creation of the CAN-SPAM ACT. B. the creation and widespread use of administrative agencies. C. the creation and widespread use of the Federal Trade Commission. D. the creation of antitrust laws.

Q: Administrative agencies: A. rarely have both the power to issue regulations and the power to investigate when such regulations have been violated. B. may make regulations that are advisory in nature, but cannot make regulations that have the force of law. C. are, in theory, part of the executive branch of government, but they may also perform legislative and judicial functions. D. are, in theory, part of the judicial branch of government, but they may also perform legislative and executive functions.

Q: Under strict scrutiny analysis, to demonstrate that a government action is constitutional, the government must demonstrate that: A. its action bears a rational relationship to its desired end. B. it is pursuing a compelling government interest. C. it is pursuing a governmental end in the most intrusive manner. D. there is no restriction on commercial speech.

Q: If a person has been discriminated by the government on the basis of the fact that he/she is an illegitimate child, the regulation will be evaluated under: A. strict scrutiny. B. rational analysis. C. intermediate scrutiny. D. due process.

Q: Mr. Gregg has made an inflammatory speech denouncing the action of the government in the recent war. The government can restrict his speech through regulation: A. under the Fifth Amendment. B. if it is the least intrusive means to promote the government's interests. C. if it is not forcefully furthering government interest. D. if it is a part of the due process of law.

Q: Commercial speech, under the First Amendment, is: A. subject to intermediate scrutiny unlike political speech. B. completely suppressed regardless of it being misleading or truthful. C. subject to strict scrutiny just like political speech. D. completely unregulated unless it is put in writing.

Q: After a series of some advertisements of beer and other alcoholic drinks, the government decided to regulate commercial speech. If the courts analyze this regulation, they will: A. use strict scrutiny analysis. B. search for truth in the speech. C. seek compelling government interest. D. see that the government advances its interests in an extensive manner.

Q: If the governmental action has a reasonable relationship to the achievement of a legitimate purpose, it is declared constitutional under: A. strict scrutiny analysis. B. intermediate scrutiny analysis. C. rational basis analysis. D. suspect classifications.

Q: Under rational basis analysis: A. a government action will be upheld as long as it has a reasonable relationship to the achievement of a legitimate purpose, even if those provisions are foolish. B. discrimination on the basis of a suspect category will receive highest scrutiny. C. courts will deem a government action unconstitutional when the action impinges on a fundamental right. D. discrimination on the basis of economic interest will receive highest scrutiny.

Q: Under the Equal Protection Clause: A. the government must treat all cases alike. B. states are prohibited from arbitrarily discriminating against persons. C. states are prohibited from discriminating only on the basis of nationality. D. the government can uphold restrictions on property.

Q: When regulatory reforms interfere with the exercise of individual rights, they are subject to: A. both a substantive and a procedural due process challenge. B. only a substantive due process challenge. C. strict scrutiny analysis, irrespective of the level of interference. D. only a procedural due process challenge.

Q: Strict scrutiny: A. is the analysis employed by the court in a case involving commercial speech. B. is the analysis employed by the court in deciding an equal protection case involving discrimination on the basis of race. C. is a test of constitutionality that is satisfied if the challenged government action bore a reasonable relation to a legitimate government purpose. D. is the analysis employed by the court when suspect classifications are not in question.

Q: Which of the following likely would disqualify the definition of "public use" under the government's power of eminent domain? A. Seizure of private land by the government to build a new city hall. B. Seizure of private land to sell it to a private developer who aims to make profit from it. C. Seizure of private land by the government to build a public road. D. Seizure of private land by the government to build a mall for the public.

Q: In the case of a taking, just compensation is defined as: A. the fair market value of the property plus its sentimental value. B. the current fair market value plus any expected future value from the taking. C. the current fair market value of the property involved in the taking. D. the fair market value of the property if it were to be sold to a developer.

Q: Which of the following prohibits the federal government from depriving any person "of life, liberty, or property, without due process of law"? A. The Fifth Amendment Due Process Clause B. The Commerce Clause C. The Fourteenth Amendment Due Process Clause D. The Seventh Amendment

Q: Which of the following is a feature of the Fourteenth Amendment to the U.S. Constitution? A. It does not contain the substantial due process clause. B. It prohibits any state from arbitrarily discriminating against persons. C. It applies only to the federal government. D. It does not contain the procedural due process clause.

Q: _____ protects people from arbitrary government interference with their life, liberty, or property rights. A. Procedural due process B. Substantive due process C. Equal Protection Clause of the Fifteenth Amendment D. Due process clause of the Sixth Amendment

Q: The primary components of the Takings Clause are: A. a compelling government purpose; conditional compensation. B. a taking; for a public purpose; the private property owner is entitled to just compensation. C. a taking; justified by the supremacy clause; compensation rarely required. D. a taking for eliminating urban blight, with minimal compensation.

Q: The "dormant" Commerce Clause limits the authority of the states to interfere with the flow of interstate commerce by: A. limiting the states from furthering only state interests. B. limiting a state's ability to tax vendors. C. prohibiting state legislation that unduly burdens intrastate commerce. D. prohibiting state laws that openly discriminate against interstate commerce.

Q: One of the factors considered in determining the state statute to be constitutional and allow the states to regulate aspects of interstate commerce that have not been preempted by the federal government is that the state statute must: A. not further a legitimate local interest. B. not discriminate in favor of local interests and against out-of-state interests. C. allow only direct, not incidental, regulation of interstate commerce. D. impose costs on interstate commerce that are more excessive than necessary to bring about the state interests.

Q: Greenmail's customers were receiving unsolicited electronic mails from Definition Mail. Greenmail blocked these mails and sent them back to Definition Mail. Due to such bulk mails coming in, Definition's clients terminated their contracts with it. Definition sued Greenmail for violating its First Amendment rights. Will the court uphold this case? A. No, as the First Amendment does not deal with constitutional rights. B. Yes, as the First Amendment rights have been violated by Greenmail. C. No, since Greenmail is a private company and did not owe any constitutional rights to Definition. D. Yes, because constitutional rights can be violated by individuals as well as the state.

Q: Which of the following is true of the Takings Clause? A. It is triggered by the power of eminent domain. B. It requires the government not to pay private property owners any compensation. C. It is triggered by the power of just domain. D. It requires the government to buy private property for private developers.

Q: The power of the states to regulate is: A. exclusive in the domain of intrastate commerce. B. nonexistent over matters that affect interstate commerce. C. limited only by its own state constitution. D. exclusive in the domain of interstate commerce.