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Law
Q:
If a shoplifter is detained without probable cause, this would constitute
a. false prosecution
b. malicious arrest
c. false arrest or imprisonment
d. malicious detention
Q:
For store security to lawfully use force in dealing with a shoplifter, it must be shown that the force was necessary and reasonable
a. in self-defense
b. to prevent the theft of store property
c. to detain the shoplifter
d. All of choices
Q:
In a selfservice store, a "taking" occurs when the individual exercises control over the merchandise
a. and has exited the store
b. and has gone past the last checkout counter
c. and refuses to pay when requested
d. that is wholly inconsistent with the store's continued rights
Q:
The prosecution must prove the same basic elements in a shoplifting case as in a trial for
a. robbery
b. theft
c. extortion
d. bribery
Q:
What kind of intent is required for the crime of theft?
a. general
b. specific
c. concurrent
d. reckless
Q:
Credit card theft can be proved by showing that the defendant
a. caused purchases to be made with the number taken from another person's credit card
b. caused purchases to be made with a card that had exceed its limit
c. purchased stolen merchandise
d. shoplifted while holding someone else's wallet
Q:
The taking requirement in shoplifting can be met in all of the following ways except
a. hiding retail goods on the person
b. taking the goods out of the store
c. exercising control over goods inconsistent with the right of a shopper to possess goods prior to sale
d. looking through outside dumpsters for discarded goods
Q:
A joint owner "takes" the property of the other joint owner if the taker had no right to use or keep the property anda. doing so infringes on the rights of the joint ownerb. doing so causes harm to the joint ownerc. doing so offends the joint ownerd. does so in a suspicious manner
Q:
Taking can occur by all of these except
a. direct acts
b. appropriating lost or mislaid goods
c. deception
d. a direct purchase
Q:
Under the old common law, the only property that could be stolen consisted of
a. tangible personal property
b. real estate and items attached to the land
c. documents such as stocks and bonds
d. All of these choices
Q:
An employee who steals money or property from their employer commits
a. extortion
b. bribery
c. fraud
d. embezzlement
Q:
The key to taking is that the thief
a. exercises unauthorized dominion over the property
b. exercises authorized dominion over the property
c. exercises a lack of control over the property
d. None of these choices
Q:
The act of obtaining physical possession or control of another's property is known as
a. taking
b. stealing
c. shoplifting
d. burglary
Q:
The "money" rule is an exception to what other rule?
a. the "securities" rule
b. the "title" rule
c. the "nemo dat" rule
d. the "bond" rule
Q:
A "taking" can occur by
a. acts of a stranger
b. a trusted employee
c. a spouse
d. All of these choices
Q:
What rule provides that a person who receives money in good faith and for value given takes title to the money?
a. the "money" rule
b. the "title" rule
c. the "nemo dat" rule
d. the "bond" rule
Q:
A bailment, or pledge, is an example of a legal situation where the person who
a. has actual possession does not have constructive possession
b. has possession of an item, is not the owner of the property
c. has the title to the item does not have a right to possess the item
d. has ownership of the item but does not have title
Q:
Describe the state of sexual relations in the United States today.
Q:
Discuss the current status of federal acts such as the Child Online Protection Act.
Q:
What legitimate interest does the government have in keeping children away from sexual conduct?
Q:
What are the degrees of sexual assault? What conduct is required for each degree?
Q:
Who may be criminally charged, and for what activity, involving prostitution?
Q:
What are the reasons child pornography laws have been found unconstitutional? Explain the difficulty of drafting child pornography laws that are constitutional.
Q:
What are the conditions that must be shown for a civil commitment of a sexual predator?
Q:
What is the mensrearequirement for a conviction of statutory rape? Explain.
Q:
What are the two exceptions to the rape shield laws and what is their purpose?
Q:
Explain why states have enacted rape shield laws and what protections they provide. What exceptions exist to these laws?
Q:
The areas of questioning of a sexual assault victim are prohibited by laws.
Q:
Buying, selling, or transporting child pornography or inducing, coercing, or kidnapping a minor for the purposes of producing child pornography is called .
Q:
consists of movies, pictures, writings, and other expressions that are intended to arouse sexual incitement and have no artistic merit or redeeming social value
Q:
Physical evidence or witness testimony other than from the victim that supports the claim that a crime occurred is called evidence.
Q:
Anal, vaginal, or oral penetration by force or threat of force is the definition of .
Q:
Touching a private part of another person's body could be (name any of the three circumstances).
Q:
A majority of states and the federal government do not require as an element of the crime of child pornography.
Q:
includes not only securing clients for a prostitute, but also living off the prostitutes illegal earnings.
Q:
Statutory rape requires no specific to have sex with a minor.
Q:
In most states forbidding statutory rape, a child cannot to having sexual intercourse with the defendant.
Q:
One of the purposes of statutory rape laws is the prevention of illegitimate .
Q:
Before rape shield laws, a victim's was deemed "fair game" by defense lawyers.
Q:
Rape laws prohibit questioning of a rape victim if the purpose of the questions is to expose the victim's previous sexual history.
Q:
Most states divide sexual assault into two or more .
Q:
Under some rape statutes, it must be shown that the victim had a genuine and real fear that force would be used.
Q:
Joe is driving in an area of town where prostitutes are known to frequent. Before long, he observes a woman dressed suggestively and waving at cars. He pulls over and begins a conversation with her. They agree to a price in exchange of sexual favors. Joe is later arrested by the police.Joe argues on appeal that the video contained no real children, just likenesses. His appeal would bea. rejected, because virtual child pornography is illegalb. rejected, because of the high quality of the videoc. rejected, because of the poor quality of the videod. accepted, because virtual child pornography is not illegal
Q:
Joe is driving in an area of town where prostitutes are known to frequent. Before long, he observes a woman dressed suggestively and waving at cars. He pulls over and begins a conversation with her. They agree to a price in exchange of sexual favors. Joe is later arrested by the police.The requirement that Joe register with state and local authorities is a result ofa. Megan's Lawb. the Mann Actc. 2000 Trafficking Victim Protection Actd. Child Pornography Prevention Act
Q:
Joe is driving in an area of town where prostitutes are known to frequent. Before long, he observes a woman dressed suggestively and waving at cars. He pulls over and begins a conversation with her. They agree to a price in exchange of sexual favors. Joe is later arrested by the police.Joe is convicted and sentenced to jail. After completion of his sentence, he must register as aa. sex offenderb. sociopathc. rapistd. convicted felon
Q:
Joe is driving in an area of town where prostitutes are known to frequent. Before long, he observes a woman dressed suggestively and waving at cars. He pulls over and begins a conversation with her. They agree to a price in exchange of sexual favors. Joe is later arrested by the police.If Joe was had crossed state lines with the prostitute, then which federal law would have applied?a. 2000 Trafficking Victim Protection Actb. Sexual Services Actc. Anti-pimping Actd. Illegal Commerce Act
Q:
Joe is driving in an area of town where prostitutes are known to frequent. Before long, he observes a woman dressed suggestively and waving at cars. He pulls over and begins a conversation with her. They agree to a price in exchange of sexual favors. Joe is later arrested by the police.If the prostitute Joe had sex with was a minor, Joe would also have been charged witha. statutory rapeb. incestc. raped. voyeurism
Q:
Joe is driving in an area of town where prostitutes are known to frequent. Before long, he observes a woman dressed suggestively and waving at cars. He pulls over and begins a conversation with her. They agree to a price in exchange of sexual favors. Joe is later arrested by the police.Joe was arrested for the services of a prostitute. a. procuringb. promotingc. pimpingd. enabling
Q:
Samantha went on a date with Chad, but the next morning realized she had no memory much of the evening. She had only a few sips of the one drink she ordered, but her memory fades soon after. She's suspicious and fears she may be a victim of a sexual assault.The defendant's lawyer argues that there was no rape based ona. the absence of evidence of force b. the two were on a datec. Samantha's implied consentd. Samantha's consent
Q:
Samantha went on a date with Chad, but the next morning realized she had no memory much of the evening. She had only a few sips of the one drink she ordered, but her memory fades soon after. She's suspicious and fears she may be a victim of a sexual assault.
Samantha's date is arrested and during the trial his lawyer attempts to bring up Samantha's sexual history but is forbidden from doing so based on
a. a time delay
b. rules of evidence
c. look for incriminating DNA under her fingernails
d. rape shield laws
Q:
Samantha went on a date with Chad, but the next morning realized she had no memory much of the evening. She had only a few sips of the one drink she ordered, but her memory fades soon after. She's suspicious and fears she may be a victim of a sexual assault.
Samantha may have ingested a "date rape" drug. Once she arrives at the emergency room, she should do which of the following?
a. have the doctor's look for signs of a struggle
b. look for bruises
c. look for incriminating DNA under her fingernails
d. have her urine tested
Q:
Samantha went on a date with Chad, but the next morning realized she had no memory much of the evening. She had only a few sips of the one drink she ordered, but her memory fades soon after. She's suspicious and fears she may be a victim of a sexual assault.
Samantha may have been a victim of
a. acquaintance rape
b. forcible rape
c. friendship rate
d. date rape
Q:
Which is not an example of video voyeurism and/or invasion of privacy?a. secretly recording women taking showersb. taping sexual encounters of women without their knowledgec. recording women for the purpose of sexual arousal d. watching nude dancers at an adult club
Q:
The terms upskirtingand downblousingdescribe offenses that are charged under statutes.
a. invasion of privacy
b. community standards
c. sexual assault
d. statutory rape
Q:
The federal law which prohibits sex trafficking in interstate commerce is called thea. 2000 Trafficking Victim Protection Act b. Mann Actc. Anti-pimping Actd. Illegal Commerce Act
Q:
Actions taken to provide services of a prostitute is called a. procuringb. promotingc. pimpingd. All of these choices
Q:
HIV is the virus that causesa. AIDS b. herpes c. lupusd. syphilis
Q:
In many states the prosecution was required to prove force the victim to engage in the sexual acts
a. ordered
b. induced
c. compelled
d. demanded
Q:
Studies show that women who resist decrease the odds of completed rape by 80 percent,
a. but the chance of physical injury also increases
b. but it is harder it get a conviction
c. and it is easier to get a conviction
d. but often resisting is what excites the rapist
Q:
Physical evidence or witness testimony other than from the victim that supports the claim that a crime occurred is called
a. corroborative evidence
b. uncorroborative evidence
c. substantiated evidence
d. usubstantiated evidence
Q:
The reasons given for failure to report a rape or attempted rape include all of the following except
a. fear of retaliation by the offender
b. too ashamed or embarrassed
c. not a police matter
d. did not know rape was a crime
Q:
In the United States, one out of every women has experienced either rape or attempted rape at some time in her life.a. two b. four c. sixd. eight
Q:
Civil commitment is permissible only if it can be shown the person is a dangerous sexual predator who poses a substantial threat to commit sexual offenses in the future, and
a. that the person cannot control his behavior
b. that the person represents a risk to minors
c. that the person has a history of violent behavior
d. that the person has at last three prior charges
Q:
What kind of intent is required for the crime of statutory rape?
a. no specific intent is required
b. specific intent is required
c. real intent is required
d. harmful intent is required
Q:
All of the following are true of the Child Online Protection Act (COPA) except
a. was enacted by Congress in 1998
b. prohibits commercial Internet communication that is harmful to minors
c. was attacked as unconstitutional
d. it affects state enforcement of child exploitation laws
Q:
Which of the following factors is not capable of increasing the degree of sexual assault?
a. force used
b. a weapon used
c. bodily injury inflicted
d. if subterfuge, tricks, or drugs were involved
Q:
Most states divide sexual assault intoa. two or more degrees b. three or more degrees c. four or more degrees d. five or more degrees
Q:
In ACLUv.Gonzales,a federal judge held that the Child Online Protection Act statute was unconstitutional because it
a. did not use the least restrictive means to achieve the desired result
b. was overbroad
c. failed to meet the reasonableness standard
d. violated the 1stAmendment
Q:
What child pornography legislation was passed by Congress to eliminate the problems in earlier legislation?
a. the Communications Decency Act
b. the Child Pornography Prevention Act
c. the Child Online Protection Act
d. None of these choices
Q:
What is the stated purpose of the Prison Rape Elimination Act of 2003?a. to provide the means and funds to reduce the incidence of sexual assaults in prisons in the United Statesb. to provide the means to reduce the incidence of sexual assaults in prisons in the United States c. to provide the funds to reduce the incidence of sexual assaults in prisons in the United States d. None of these choices
Q:
Most statutes regarding the offense of sexual touching require the state to prove the touching was intentional, non- consensual, and
a. involved adults
b. was done for commercial gain
c. was done to arouse or gratify one's sexual desire
d. was obscene
Q:
The Communications Decency Act passed by Congress in 1996, was found to be unconstitutional because it violated which amendment to the U.S. Constitution?a. the 1stAmendment b. the 2ndAmendment c. the 4thAmendment d. the 5thAmendment
Q:
A defendant could be convicted of pimping for prostitution by proof that the defendant
a. lived off the earnings of a person known by the defendant to be a prostitute
b. supported the defendant and knew she was a prostitute
c. lived with the defendant and knew she was a prostitute
d. was married to the defendant and knew she was a prostitute
Q:
The owner of a hotel who rented out rooms, knowing that rooms were being used for prostitution, could
a. not be convicted of solicitation for this conduct alone
b. be convicted of solicitation for this conduct alone
c. not be convicted of solicitation if he or she were married
d. be convicted of solicitation if he or she were married
Q:
Persons who procure customers for and provide assistance to prostitutes are called
a. procurers
b. pimps
c. facilitators
d. assistors
Q:
Which of the following is NOT considered prostitution?
a. engaging in sexual relations with another person for a fee
b. offering to engage in sexual relations with another person for a fee
c. requesting to pay a fee to another person for sexual services
d. engaging in sexual relations with a spouse
Q:
Once civilly committed, many sex offenders are
a. never released
b. released within a year
c. returned to prison
d. released after they are deemed cured
Q:
Because the goal of the commitment was to furnish treatment to the sex offender, rather than punish him for criminal conduct, it is generally held that these civil commitments do not violate the
a. Double Jeopardy Clause or Ex Post Facto Clause of the U.S. Constitution
b. Double Jeopardy Clause of the U.S. Constitution.
c. Ex Post Facto Clause of the U.S. Constitution.
d. None of these choices
Q:
Which of the following is a basis for civil commitment of a sexual predator?
a. pedophilia
b. sociopathy
c. schizophrenia
d. psychosis
Q:
Sexual intercourse with a minor female under the age stated by the criminal code, who is not the wife of a perpetrator is the definition of what crime?a. statutory rapeb. incest c. assault d. battery