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Home » Law » Page 288

Law

Q: In order to establish the crime of obtaining property by false pretenses, it must be shown that the victim parted with the property because he believed the lies told by the thief in order to get the property. a. true b. false

Q: Embezzlement was not a crime at common law. a. true b. false

Q: The common law crime of larceny protects victims who voluntarily hand over their property to a caretaker who later decides to convert the property to his or her own use. a. true b. false

Q: Intellectual property thefts may be undetected because a. many law enforcement experts do not understand the nature of the crime. b. businesses do not realize a crime has occurred. c. most people think that little harm is caused by such crimes. d. it is difficult to catch cyber-criminals.

Q: The term "intellectual property" refers to a. ideas and their application in practice. b. a person's natural intelligence. c. tangible property in the nature of books and manuscripts. d. diplomas, certifications, and other materials that show someone has completed a course of study.

Q: What crime can, in some senses, be thought of as a partial or attempted burglary? a. theft b. criminal trespass c. extortion d. larceny by trick

Q: Blackstone's definition of burglary just before the American Revolution emphasizes the special nature of a. homes. b. personal property. c. businesses. d. cars.

Q: The heart of burglary and criminal trespass is a. invading others' property. b. damaging others' property. c. stealing others' property. d. destroying others' property.

Q: Which of the following is not a form of criminal mischief? a. destruction or damage by fire b. tampering with tangible property so as to endanger property c. threat of physical violence to another person d. deception or threat that causes someone to suffer money loss

Q: Criminal mischief descends from a common-law crime, the misdemeanor called a. malicious mischief. b. malicious malfeasance. c. malicious waywardness. d. malicious disobedience.

Q: The Model Penal Code divides arson into degrees based on a. defendant's intent. b. defendant's blameworthiness. c. amount of damage. d. defendant's motive.

Q: The offense of burglary is what kind of crime? a. general intent only b. specific intent c. vicarious liability d. strict liability

Q: Typically, there are how many degrees of arson? a. two b. three c. four d. five

Q: The MPC (ALI 1985, 2:2, 3) tries to clear up many of the technical questions in common-law arson by providing that burning means a. starting a fire. b. at least slightly burning a structure. c. burning or causing smoke damage to a structure. d. intent to burn a structure.

Q: Today, arson is a crime against possession and , not just ownership. a. death b. destruction c. increased insurance rates d. occupancy

Q: Today, arson is a crime against possession and occupancy, not just against a. ownership. b. property. c. buildings. d. titles.

Q: The actus reus of receiving stolen property is the act of receiving the a. property. b. money. c. knowledge of the property. d. summons.

Q: The circumstance element of time separates extortion from a. burglary. b. arson. c. robbery. d. extortion.

Q: Most states have divided robbery into degrees, based on how many circumstances? a. two b. three c. four d. five

Q: Even slightly mishandling the victim, like a push, turns the pickpocket into a a. burglar. b. arsonist. c. robber. d. extortionist.

Q: Robbery is really two crimes, theft and a. extortion. b. assault. c. arson. d. stalking.

Q: The crime of extortion occurs when the thief takes the victim's property by threatening a. imminent injury. b. serious injury. c. direct injury. d. future injury.

Q: What is the crime in which theft is accomplished under circumstances intended to terrorize the victim by actual injury or the threat of immediate injury to the victim? a. extortion b. burglary c. robbery d. false pretenses

Q: What is the name of a scheme in which schemers tell investors they"re buying assets like real estate, stocks and bonds, or consumer products when in fact, they"re buying nothing? a. Ponzi schemes b. Stewart schemes c. Nanz schemes d. Tendrick schemes

Q: The actus reus of robbery as defined by state statutes is a. the use of force or the threat of force. b. theft with a gun. c. theft with a weapon. d. a theft accompanied by injury to the victim.

Q: The federal mail fraud statute played an essential role in the government's case against a. Bernard Madoff. b. Timothy McVeigh. c. Kenneth Lay. d. Martha Stewart.

Q: The federal mail fraud statute defines false pretenses a. much more broadly than common law fraud. b. much less broadly than common law fraud. c. the same as common law fraud. d. slightly different than common law fraud.

Q: Most states have consolidated the old crimes of larceny, embezzlement, and false pretenses into one offense called a. theft. b. receiving stolen property. c. breaking and entering. d. white-collar crime.

Q: Professionals who sell stolen property for profit are called a. purveyors. b. fences. c. procurers. d. wholesalers.

Q: Most states have made an attempt to better organize the law of theft by enacting what statutes? a. omnibus larceny b. comprehensive theft c. complete theft d. consolidated theft

Q: The group of crimes that under common law were referred to as abuse-of-trust crimes eventually came to be called a. cybercrime. b. arson. c. white-collar crime. d. embezzlement.

Q: Legislatures responded to the problem of unlawful conversion of property by creating what felony? a. embezzlement b. robbery c. larceny d. theft

Q: Which of the following term means wrongfully possessing or disposing of someone else's property as if it were yours? a. conversion b. converting c. embezzling d. deceiving

Q: Illegally obtaining property by trick, deception, or lie is called a. voyeurism. b. larceny by deception. c. false pretenses. d. larceny by lie.

Q: Larceny was born as the common-law tool to protect the Anglo-Saxons' most valuable possession, which was a. land. b. money. c. children. d. livestock.

Q: What crime was created to deal with caretakers who wrongfully appropriated the money that came into their possession but really belongs to others? a. embezzlement b. larceny c. false pretenses d. extortion

Q: What do the crimes of theft, robbery, fraud, and receiving stolen property all have in common? a. they all consist of taking someone else's property b. they all consist of damaging someone else's property c. they all consist of destroying someone else's property d. they all consist of invading someone else's property

Q: What was the first nonconsensual, non violent taking felony? a. false pretenses b. larceny c. extortion d. robbery

Q: Discuss and define the crimes of arson and criminal mischief.

Q: Discuss, compare, and contrast larceny, embezzlement, and false pretenses.

Q: Discuss some of the new ways that computers and the internet have made it possible for criminals to commit old crimes. Provide examples of how the law has changed to accommodate these new forms of old crimes.

Q: How has the law of rape and rape prosecutions changed over the years?

Q: Explain the difference between extrinsic and intrinsic force in regards to rape actus reus. Discuss the importance of the facts in each case in applying the extrinsic and intrinsic force requirements to acquaintance rape.

Q: Over time, how has the law of rape changed with regard to force and consent?

Q: Discuss the crime of stalking and stalking laws. Be sure to include how stalking first became a crime, the actus reus of stalking and how stalking statutes vary.

Q: Discuss, compare, and contrast kidnapping and false imprisonment.

Q: Kidnapping differs from false imprisonment in that for the actus reus, only kidnapping requires ____________.

Q: Kidnapping and false imprisonment violate the right of .

Q: At common law and most jurisdictions, simple assaults are classified as ____________.

Q: In a few jurisdictions, mistake of fact with regard to the victim's ____________ is a defense to statutory rape.

Q: The only two sex offenses at common law were rape and ____________.

Q: ________________ violence crimes since the early 1970s has been transformed from a private concern to a criminal justice problem.

Q: The ____________ standard in a sexual assault case requires force in addition to the force needed to accomplish penetration.

Q: Rape ____________ statutes limit defense evidence about a rape victim's past.

Q: From the 1800s until the 1950s, the utmost standard prevailed.

Q: That voluntary and knowing sexual behavior between two adults is legal, healthy and desired.

Q: Most states allow the defense of reasonable mistake of age in statutory rape cases. a. true b. false

Q: Domestic violence crimes have always been a criminal justice problem. a. true b. false

Q: The intrinsic force standard requires more force than the extrinsic force standard. a. true b. false

Q: Assault and battery are the same crime. a. true b. false

Q: Statutory rape is a strict liability crime in most states. a. true b. false

Q: Rape is a general-intent crime. a. true b. false

Q: Over time, the utmost resistance standard in rape cases has been replaced by a reasonable resistance standard. a. true b. false

Q: Voluntary and knowing consensual sexual behavior between two adults is legal, healthy and desired. a. true b. false

Q: Common law rape required both lack of consent and force or threat of force. a. true b. false

Q: Crimes against persons boil down to four types. a. true b. false

Q: The crime of rape was once punishable by death. a. true b. false

Q: One difference between false imprisonment and kidnapping is that false imprisonment requires asportation of the victim. a. true b. false

Q: Conditional threats to a victim are sufficient to establish the crime of assault. a. true b. false

Q: False imprisonment is a lesser form of personal restraint than kidnapping. a. true b. false

Q: Stalking, although an ancient practice, is a new crime. a. true b. false

Q: Modern statutes and the Model Penal Code make most simple assaults a felony. a. true b. false

Q: Most states have passed rape shield statutes. a. true b. false

Q: The vast majority of rape victims are raped by strangers. a. true b. false

Q: Rape law reform began seriously in the 1970s. a. true b. false

Q: Modern court opinions have relaxed the strict definitions of rape. a. true b. false

Q: Domestic violence crimes since the early 1970s have been transformed from a private concern to a a. criminal justice problem. b. mental health problem. c. social services problem. d. legislative problem.

Q: How have modern court opinions changed the strict definitions of rape, and sexual assault, or criminal sexual conduct? a. modern court opinions have relaxed the strict definitions of rape, and sexual assault, or criminal sexual conduct b. modern court opinions have tightened the strict definitions of rape, and sexual assault, or criminal sexual conduct c. modern court opinions have negated the strict definitions of rape, and sexual assault, or criminal sexual conduct d. modern court opinions have not changed the strict definitions of rape, and sexual assault, or criminal sexual conduct

Q: What kind of crime is false imprisonment? a. strict liability b. vicarious liability c. specific intent d. inchoate

Q: Modern interpretations of the asportation actus reus in the crime of kidnapping a. hold that the victim must be carried several miles away from the place where he or she was seized. b. require that the victim be taken across county lines. c. have made the requirement virtually meaningless. d. have been removed from most statutes.

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