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Interactive Quiz for Modern-1e, Chapter 6
Chapter 6 – Criminal Law and Cyber Crime
1.
The standard of proof in a criminal law case is:
a. by a preponderance of the evidence.
b. the 50 percent rule.
c. beyond a reasonable doubt.
d. by clear and convincing evidence.
Answers:
a.
b.
c.
d.
2.
Incorrect. This is the standard of proof in a civil case.
Incorrect. This is a rule used in some comparative negligence cases.
Correct. This is the standard of proof used in criminal cases.
Incorrect. This standard of proof is not used in criminal cases.
Which of the following DOES NOT describe a felony?
a. If found guilty, you are sentenced to prison for up to six months.
b. If found guilty, you go to federal or state penitentiary.
c. If found guilty, you may face the death penalty.
d. If found guilty, you may face life imprisonment.
Answers:
a. Correct. A felony is, by definition, a serious crime punishable by least
one year in prison.
b. Incorrect. Felons do go to state or federal penitentiaries.
c. Incorrect. Some felons may indeed face the death penalty for murder.
d. Incorrect. Some felons may indeed face life in prison.
3.
If you are convicted of disorderly conduct and are sentenced to pay a fine
and nothing more, you have committed:
a. a fifth degree felony.
b. a misdemeanor.
c. a third degree felony.
d. only a tort.
Answers:
a. Incorrect. Because you were sentenced to no jail time you have not
committed a felony.
b. Correct. A misdemeanor is a crime punishable by a fine OR jail time of
up to one year.
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c. Incorrect. A third degree felony is punishable by imprisonment for up to
five years.
d. Incorrect. Torts are not punishable by fines.
4.
The “responsible corporate officer” doctrine means that:
a. corporate officers must be responsible for their own actions but not for
statutory violations committed by employees under their supervision.
b. corporate officers are responsible only for profits.
c. corporate officers are never responsible for profits.
d. corporate officers may be held liable for statutory violations committed
by employees under their supervision.
Answers:
a. Incorrect. The doctrine makes corporate officers responsible for more
than their own actions; they may also be held liable for statutory
violations committed by employees under their supervision.
b. Incorrect. The doctrine does not relate to responsibility for profits.
c. Incorrect. The doctrine does not relate to a lack of responsibility for
profits.
d. Correct. This doctrine makes corporate officers criminally liable for
statutory violations committed by employees under their supervision.
5.
If James takes Ellen’s diamond-studded watch from her desk at work
while Ellen is at lunch and does not return it, he may be guilty of the crime
of:
a. battery.
b. larceny.
c. arson.
d. forgery.
Answers:
a. Incorrect. Battery involves harmful or offensive physical contact.
b. Correct. Larceny is the crime of wrongfully or fraudulently taking and
carrying away someone’s personal property.
c. Incorrect. Arson is the crime of setting property on fire.
d. Incorrect. Forgery is the crime of making or altering a writing in a way
that changes the legal rights and liabilities of another.
6.
Bob often left his friend Mark in charge of his bicycle store. One Saturday
evening, after Mark had left for the week, Bob discovered that he was
missing $9,000 in cash. Mark may be guilty of:
a. robbery.
b. embezzlement.
c. misappropriation.
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d. conversion.
Answers:
a. Incorrect. Robbery is a form of theft that involves force or fear.
b. Correct. Embezzlement occurs when a person wrongfully appropriates
property that has been entrusted to him or her by another.
c. Incorrect. Misappropriation is not a crime but a tort.
d. Incorrect. Conversion is a tort involving the wrongful taking and
retention of another’s personal property.
7.
A person may be found not liable for committing a crime if that person:
a. is over the age of eighteen.
b. suffers from a mental disease and lacks substantial capacity to
appreciate the wrongfulness of his or her acts.
c. is voluntarily intoxicated.
d. made a mistake of law.
Answers:
a.
b.
c.
d.
8.
Incorrect. Age, in this case, will not be a defense to a criminal charge.
Correct. Insanity might be a defense to a criminal charge.
Incorrect. Voluntary intoxication is not a defense to a criminal charge.
Incorrect. A defendant who makes a mistake about what the law is in a
given situation will not be allowed to use this mistake as a defense.
If Carl holds a gun to your head and tells you to steal money from your
employer on his behalf (because you’re the accountant and can do it
rather easily), you:
a. have a defense of duress.
b. have a defense of mistake of law.
c. have a defense of embezzlement.
d. have no defense.
Answers:
a. Correct. Carl has induced you to commit a crime by wrongfully
threatening you with harm.
b. Incorrect. You have not made a mistake of law, and besides, mistake
of law is not a defense.
c. Incorrect. There is no such thing as a defense of embezzlement.
d. Incorrect. You have a defense of duress.
9.
Cyber crime can best be defined as:
a. a crime against property.
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b. not a new type of crime but a new way of committing crime—in
cyberspace.
c. a crime that necessarily also involves a tort.
d. organized crime.
Answers:
a. Incorrect. Cyber crimes can also be committed against people (for
example, cyber stalking).
b. Correct. Many forms of cyber crime are not new but are simply
traditional types of crimes committed in cyberspace.
c. Incorrect. This is not how cyber crime would best be defined.
d. Incorrect. Although cyber crime may or may not be organized, it is not
best defined as organized crime.
10.
Perhaps the most significant federal statute specifically addressing cyber
crime is the:
a.
b.
c.
d.
Uniform Trade Secrets Act.
Anticybersquatting Espionage Act.
Counterfeit Access Device and Computer Fraud and Abuse Act.
Berne Convention.
Answers:
a. Incorrect. This act is concerned with the wrongful appropriation of trade
secrets under civil law, not criminal law.
b. Incorrect. There is no such act.
c. Correct. This act, as amended, provides that those who access, or
attempt to access, computers online, without authorization, to obtain
classified, restricted, or protected data are subject to criminal
prosecution.
d. Incorrect. The Berne Convention is an international copyright
agreement.