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Law
Q:
A communication under the bank fraud act must cross state lines.
a. True
b. False
Q:
The state bank fraud act and the wire fraud act are frequently used to convict white collar criminals.
a. True
b. False
Q:
The principal laws protecting intellectual property are the federal copyright, patent, and trademark laws, as well as state trade secret laws.
a. True
b. False
Q:
A federal officer that "solicits" a bribe in exchange for some official act may also threaten to use his official position to prevent the official act from occurring has committed extortion in addition to bribery.a. Trueb. False
Q:
The federal government has no general Health Care Fraud statute which makes it a crime to willfully execute a "scheme of artifice" intended to defraud a "health care benefit" program.a. Trueb. False
Q:
Fraud schemes may be prosecuted on the federal, but not state level.
a. True
b. False
Q:
Stock market and corporate fraud declined significantly from 1990-2004.
a. True
b. False
Q:
Fraud involves deceitful means or acts to cheat a person, corporation, or governmental agency.
a. True
b. False
Q:
What facts separate the crime of robbery from the crime of theft? Provide examples.
Q:
Explain the element of the crime of burglary that requires an unlawful entry. What can constitute an unlawful entry?
Q:
How do most modern burglary statutes differ from common law definition of burglary?
Q:
Describe some of the factors said to favor a robber. Why are these factors favorable to robbers?
Q:
Explain the difference between criminal trespass and defiant trespass.
Q:
Discuss how different state courts have addressed when a purse snatching or a pickpocketing constitutes a robbery.
Q:
What constitutes the crime of home invasion and why have many states enacted statutes that make it a separate offense?
Q:
What are the elements of the general burglary offense?
Q:
Explain how robbery differs from extortion. Provide some examples of extortion.
Q:
Explain what is required for the crime of robbery to become armed or aggravated robbery.
Q:
Forcibly taking possession of a motor vehicle in the possession of another against his or her will with intent either to permanently or temporarily deprive the person of possession is called .
Q:
is a form of robbery where force is not used beyond that needed to take property from another person.
Q:
Obtaining property by threats of future harm. It differs from robbery in that robbery requires threat of immediate harm is called .
Q:
is the unlawful entry into the premises of another with intent to steal or commit a felony.
Q:
Common law burglary required proof of to commit a felony.
Q:
The common law required that burglary be committed in the .
Q:
occurs when the person unlawfully entering is given notice of the trespass, but refuses to leave the premises.
Q:
States no longer require in their simple burglary statutes.
Q:
Under the old common law, the punishment for burglary was .
Q:
Purse snatching becomes when force more than that needed to take the property is used in the crime.
Q:
When Congress enacted the Act, the statute was aimed primarily at gangsters who were extorting protection money from businesses.
Q:
Forcible stealing combined with the use of a deadly or dangerous weapon, or which results in serious bodily injury to another is called .
Q:
A person who unlawfully enters a dwelling knowing someone is present, and threatens the person with a dangerous weapon may be charged with home .
Q:
Armed or aggravated robbery occurs when a weapon is used in a robbery.
Q:
The taking of property from a person or from the presence of a victim by use or threat of force is the crime of
Q:
John waits outside the bank for his next victim, in this case an elderly man who had just cashed his Social Security check. John hits the man with a club, and the man crumbles in a pile onto the ground. John quickly goes through his pockets and takes the money from the old man's pocket. Later, the man identifies John in a police line-up as his assailant.The judge agrees with the prosecution's claim about the club used by John and so John is charged witha. robberyb. strong-arm robbery c. aggravated robbery d. defiant trespass
Q:
John waits outside the bank for his next victim, in this case an elderly man who had just cashed his Social Security check. John hits the man with a club, and the man crumbles in a pile onto the ground. John quickly goes through his pockets and takes the money from the old man's pocket. Later, the man identifies John in a police line-up as his assailant.
The prosecution counters that the use of the club against the victim constitutes the use of
a. criminal force
b. dangerous force
c. deadly force
d. sufficient force
Q:
John waits outside the bank for his next victim, in this case an elderly man who had just cashed his Social Security check. John hits the man with a club, and the man crumbles in a pile onto the ground. John quickly goes through his pockets and takes the money from the old man's pocket. Later, the man identifies John in a police line-up as his assailant.
John's defense attorney argues in court that his client should only be charged with a strong-arm robbery since
a. the victim is elderly
b. the victim was injured
c. deadly force was not used
d. no weapon was displayed
Q:
Billy is walking along the street and in front of him a woman is walking. Billy is wearing his running shoes so the woman does not suspect anything. He bolts ahead and grabs the woman's purse, but the woman resists by holding on to the purse. Billy turns on the woman and shows her a knife. The woman immediately releases the purse and Billy turns and runs straight into a police officer, who arrests him.If Billy had successfully taken the purse without resorting to force, in some states he would still be charged with robbery through laws.a. quick grabb. sudden snatching c. snatch and grab d. fast take
Q:
Billy is walking along the street and in front of him a woman is walking. Billy is wearing his running shoes so the woman does not suspect anything. He bolts ahead and grabs the woman's purse, but the woman resists by holding on to the purse. Billy turns on the woman and shows her a knife. The woman immediately releases the purse and Billy turns and runs straight into a police officer, who arrests him.
After Billy showed the knife, he now would be charged with
a. theft
b. robbery
c. burglary
d. home invasion
Q:
Billy is walking along the street and in front of him a woman is walking. Billy is wearing his running shoes so the woman does not suspect anything. He bolts ahead and grabs the woman's purse, but the woman resists by holding on to the purse. Billy turns on the woman and shows her a knife. The woman immediately releases the purse and Billy turns and runs straight into a police officer, who arrests him.
Before Billy pulled on knife on the woman, the incident would have been treated as a
a. theft
b. robbery
c. burglary
d. home invasion
Q:
Jason forcibly entered a building after business hours and proceeded to remove eight computers. He then sold these computers to Bill, who in turn sold them to Peggy. Peggy did not know the origin of the computers, but Bill did.If Jason may be charged with a crime if he were found witha. one of the stolen computersb. money that Bill gave himc. tools used for burglaryd. All of these choices
Q:
Jason forcibly entered a building after business hours and proceeded to remove eight computers. He then sold these computers to Bill, who in turn sold them to Peggy. Peggy did not know the origin of the computers, but Bill did.Based on the information in the preface, Peggy would be guilty ofa. aiding in a criminal actb. no crimesc. receiving stolen propertyd. fencing
Q:
Jason forcibly entered a building after business hours and proceeded to remove eight computers. He then sold these computers to Bill, who in turn sold them to Peggy. Peggy did not know the origin of the computers, but Bill did.What made the Jason's crime that of burglary?a. The use of force to gain entryb. The unlawful entry of a structure to commit a felony or theftc. The after business hours time of the intrusiond. The removal of the computers
Q:
Jason forcibly entered a building after business hours and proceeded to remove eight computers. He then sold these computers to Bill, who in turn sold them to Peggy. Peggy did not know the origin of the computers, but Bill did.The role played by Bill in the preface is that of aa. fenceb. postc. hedged. receiver
Q:
In addition to the intent or mental element of each crime, which crime requires no other elements other than the crime of stealing?a. Theft/Larcenyb. Robberyc. Burglaryd. None of these choices
Q:
Which of the following is not an example of theft from the person?a. Purse snatching b. Pickpocketing c. Embezzlementd. "Rolling a drunk"
Q:
Which of the following is not an example of theft/larceny?a. "Snatch and run"b. Shopliftingc. Embezzlement d. Break and run
Q:
The trespass to land statutes make the unlawful entry on land illegal if
a. the land has been posted
b. the person notified to stay off
c. signs indicate no trespassing is allowed
d. All of these choices
Q:
Remaining in a place where one is not privileged to be even after notice of trespass is given is called aa. trespass b. burglary c. robberyd. defiant trespass
Q:
A wrongful intrusion on the land or into the premises of another person is called aa. trespass b. burglary c. robberyd. defiant trespass
Q:
A person may be arrested for
a. the possession of criminal or burglary tools
b. possession of ordinary work tools
c. potentially useful tools such as screwdrivers and hammers
d. window repair kits normally used to mask burglaries
Q:
A fence acts as a middleperson and
a. pays the thief for stolen property
b. sells the stolen property to the thief
c. sells personal property to a receiver
d. passes along the stolen goods to a third party
Q:
A person who traffics in stolen property is called aa. fence b. post c. ditchd. receiver
Q:
To convict a defendant of trafficking in stolen goods, the state is ordinarily required to prove all of the following except that
a. the property involved was stolen property
b. the defendant refused delivery of the goods
c. the defendant received, concealed, or possessed the stolen goods
d. the defendant knew the property was stolen
Q:
The bad guy unlawfully enters the victim's house with the intent to sexually assault her but, once inside, he realizes she is not home. He leaves without committing rape and without stealing any property from the home. The bad guya. cannot be prosecuted for any crimeb. can only be prosecuted for criminal trespassc. can be prosecuted for attempted sexual assaultd. can be prosecuted for burglary
Q:
When force is not used in the taking of property, but it is used to keep the property and to escape from the scene of the theft
a. all states follow the rule that because force wasn"t used to take the property, a robbery was not committed
b. all states follow the rule that because force was used to keep the property after it was stolen, a robbery was committed
c. some state courts have ruled a robbery occurred, while others have ruled it did not occur
d. the crime of extortion was committed
Q:
In most jurisdictions, a defendant who unlawfully enters a building with intent to commit a rape or arson
a. can be convicted of burglary
b. can be convicted of burglary only if they completed the crime they intended to commit when they entered the building
c. cannot be convicted of burglary
d. can be convicted of burglary if they also stole property once inside the building
Q:
Under the common law, which of the following was required for burglary?
a. breaking into a residence
b. committing the crime at night
c. intent to commit a felony
d. All of these choices
Q:
What proportion of states have modified and changed the definition of burglary in their jurisdictions?a. 100% b. 10% c. 50% d. 75%
Q:
Today state and federal burglary statutes
a. restrict burglary to only dwellings
b. consider all buildings within the scope of a jurisdiction's burglary statute
c. consider only buildings that are inhabited within the scope of burglary
d. follow the common law requirements
Q:
Under the common law, the unlawful entry into and theft from a place of business
a. would be considered a burglary
b. would be considered a burglary depending on the value of the stolen property
c. would not be considered a burglary
d. would be considered burglary if there was a breaking
Q:
At common law, the only type of buildings that could be burglarized were
a. dwellings
b. closed businesses and homes
c. businesses
d. privately owned buildings
Q:
Most courts hold that the crime of burglary requires
a. the burglar get entirely inside the building
b. some part of the burglar's body (such as an arm) get inside the building
c. the burglar get in and then out of the building
d. some part of the burglar's body or something attached to the burglar get inside the building
Q:
All states have abolished the common law burglary requirement that there be
a. a felony committed in the building
b. a breaking into the building
c. something stolen from the building
d. more than one burglar involved
Q:
At common law, burglary was limited to
a. the dwelling of another, at night, with intent to commit a felony
b. the dwelling of another, at any time of day, with the intent to steal
c. structures where people gather or live, at night
d. structures where people gather or live, at any time of day
Q:
The majority rule in the United States is that crimes like purse snatching are not robberies unless
a. there is some force used greater than that needed to take the purse
b. the value of the purse is greater than $100
c. two or more perpetrators participate
d. another crime is committed during the purse snatching
Q:
Robbery of persons inhabiting a dwelling is called
a. home invasion
b. aggravated robbery
c. burglary
d. aggravated burglary
Q:
The crime of extortion requires a threat
a. to use violence against the victim
b. to use violence or sue the victim
c. to take certain actions that are not legally protected against the victim, including but not limited to violence, for the purpose of obtaining anything of value from the victim
d. to take steps to tarnish the victim's reputation
Q:
The federal act dealing specifically with extortion is the
a. Calvin Act
b. Hobbs Act
c. Lindbergh Act
d. Robbery and Extortion Act
Q:
Robbery differs from extortion in that extortion requires
a. a threat to inflict harm in the future
b. the property to be taken from the person of the victim
c. the property to be taken by fraud or deceit
d. the person to be threatened with imminent harm
Q:
Purse snatching without force is a form of
a. theft
b. robbery
c. burglary
d. home invasion
Q:
In many jurisdictions, the unlawful entry into a dwelling by a person who knows someone is present in the dwelling at the time of the entry, and who is armed with a dangerous weapon which he uses or threatens to use against someone inside the dwelling is considered the crime of
a. intimidation
b. extortion
c. home invasion
d. "strong arm" robbery
Q:
Forcible stealing is known as
a. robbery
b. burglary
c. aggravated robbery
d. aggravated burglary
Q:
The crime of defiant trespass occurs when a persona. remains in a place where he is not privileged to remain after notice of trespass is given b. is violent in a place where he is not privileged to remain after notice of trespass is given c. is violent after trespassingd. remains in a place where he is not privileged to remain after notice of trespass is given and becomes violent
Q:
In a majority of states, if a purse-snatching involves no more force than necessary to take the purse from the victim's hand, the offense will be charged asa. a robberyb. a strong armed robberyc. theftd. extortion
Q:
In a majority of states, if the perpetrator uses force, not to take the property, but to prevent the victim from escaping, the offense is
a. extortion
b. a robbery
c. embezzlement
d. intimidation
Q:
Unlike most thefts, a robbery requires that the property be taken
a. with an intent to deprive
b. with an intent to commit a felony
c. from the person or from the presence of the victim
d. with a value exceeding $100
Q:
When does purse snatching become robbery?
a. when more force than necessary to take the property is used in the crime
b. when less force than necessary to take the property is used in the crime
c. purse snatching is always robbery
d. None of these choices
Q:
Home invasion requires which of the following?a. unlawful entry of the dwelling of another with intent to commit a crimeb. persons present in the homec. use force or threat of force to commit a crime d. All of these choices
Q:
For the crime of robbery to occur
a. the robber must have used force against the victim
b. the robber must have caused physical harm to the victim
c. the robber must have used force or threatened to use imminent force against the victim
d. the robber must have used or threatened to use gun violence against the victim
Q:
Strong-arm robbery is also known as
a. mugging
b. aggravated robbery
c. armed robbery
d. burglary