Category Archives: LEG 320 Complete Class Solution

Need help with your exams and quizzes?

Visit www.hwgala.com

search through our website for Exams and Quizzes Solutions, Assignments and Discussion Questions and ACE your class.If you cannot find what you are looking for, email us at
writersorg@gmail.com

LEG 320 Week 9 Quiz – Strayer University New

LEG 320 Week 9 Quiz – Strayer

Click on the Link Below to Purchase A+ Graded Course Material

http://budapp.net/LEG-320-Week-9-Quiz-Strayer-450.htm

 

CHAPTER 16
DRUG ABUSE AND ALCOHOL-RELATED CRIMES

MULTIPLE CHOICE

1. Which of the following is NOT generally one of the elements of the crime of possession with intent to deliver?
a. the accused possessed a large amount of an illegal drug
b. the accused possessed scales
c. the accused possessed a cellular phone
d. the accused possessed a counterfeit credit card

432

2. In Gonzales v. Raich, the court reasoned that the private use of marijuana might have
a. an adverse impact on federal drug laws
b. a positive impact on federal drug laws
c. an adverse impact on state drug laws
d. a positive impact on state drug laws

443

3. In Gonzales v. Raich, the court reasoned Congress had the power under the Commerce Clause to regulate
a. even purely intra-sate use of marijuana
b. only purely intra-sate use of marijuana
c. even purely inter-sate use of marijuana
d. only purely inter-sate use of marijuana

443

4. All of the following are crimes under the Uniform Controlled Substances Act EXCEPT
a. manufacture or delivery of an illegal drug
b. possession with intent to deliver an illegal drug
c. delivery or possession with intent to deliver a counterfeit substance
d. possession of alcohol by a minor

428

5. Medical use of marijuana is permitted in some states. Although medical users can be prosecuted under federal laws,
a. in 2010 the Justice Department said it would not prosecute medical users
b. in 2010 the Justice Department said it would prosecute medical users
c. in 2010 the U.S. Supreme Court said it would not prosecute medical users
d. in 2010 the U.S. Supreme Court said it would prosecute medical users

433

6. What is the most widely abused and misused drug in America and in many other countries?
a. alcohol
b. meth
c. marijuana
d. cocaine

438

7. The 2002 National Institutes of Health study surveyed drinking among the 8 million college and university students in the United States. What percentage of students were shown to drink in binges?
a. 44%
b. 55%
c. 40%
d. 30%

438

8. How many alcohol-related student deaths are there each year?
a. 1,445
b. 2,545
c. 3,645
d. 4,745

438

9. The federal government and all states have enacted some form of the Uniform
a. Narcotics Act
b. Illegal Drug Act
c. Dangerous Drug Act
d. Controlled Substances Act

428

10. The most common illegal drug charge is some form of
a. selling
b. buying
c. possession
d. trafficking

428

11. How many states currently have a “Compassionate Use Medical Marijuana” statute?
a. 14
b. 19
c. 20
d. 16

433

12. The Uniform Controlled Substances Act divides drugs into how many schedules?
a. 3
b. 5
c. 7
d. 9

428

13. A minority of states require that the defendant have possessed what minimum amount of the illegal substance to sustain a conviction?
a. a trace amount
b. a usable amount
c. a gram
d. a bindle

430

14. What is the minimum amount of the illegal substance required to sustain a drug conviction by a majority of states?
a. usable amount
b. trace amount
c. any amount
d. a gram

430

15. In fourteen states, doctors may prescribe the personal use of what drug for pain management for people with serious illnesses?
a. cocaine
b. marijuana
c. heroin
d. methamphetamine

433

16. Challengers of the Federal Controlled Substances Act alleged Congress has no constitutional authority to prohibit the medical use of marijuana based on the
a. due process clause
b. equal protection clause
c. interstate commerce clause
d. none of these answers are correct

433

17. A defendant arrested in possession of a large amount of an illegal drug would most likely have been charged with the offense of
a. possession of a controlled substance
b. delivery of a controlled substance
c. possession with intent to deliver
d. possession of stolen property

432

18. In New Jersey an individual who provides an illegal drug to another, and that person dies as a result of ingesting the drug,
a. cannot be held liable for the death
b. may be held strictly liable for the death
c. will be found guilty of premeditated murder
d. will be charged with a misdemeanor drug offense

435

19. Approximately what number of people are killed every day in the United States because of driving under the influence?
a. 50
b. 100
c. 25
d. 150

438

20. The National Highway Traffic Safety Administration estimates the yearly costs of drunk driving to be
a. $45 billion
b. $35 billion
c. $25 billion
d. $15 billion

438

21. Which of the following is a violation of the Uniform Controlled Substances Act?
a. possession of a controlled substance
b. deliver a counterfeit substance
c. manufacture a controlled substance
d. all of these answers are correct

428

22. What are the two types of possession?
a. actual and constructive
b. real and actual
c. real and constructive
d. actual and contractual

430

23. The “usable quantity” rule holds that a useless trace amount is not
a. a usable amount
b. a sufficient amount
c. a chargeable amount
d. a sufficient quantity

430

24. Delivery of an illegal drug can be either an actual delivery, or it could be the crime of possession of a controlled substance with
a. intent to deliver
b. sufficient amount to deliver
c. quantity of delivery
d. delivery potential

432

25. What drug is particularly dangerous because it is an unpredictable killer that can cause life-threatening complications that are not related to the dose taken, the length of use, or the manner in which the drug is taken?
a. cocaine
b. heroin
c. marijuana
d. meth

435

26. Laws that make people who illegally manufacture, distribute, or dispense illegal drugs strictly liable for a death that results from the using such drugs are often called
a. Len Bias laws
b. Terrance Bianchi laws
c. Lawrence Brewer laws
d. Stephen Breyer laws

435

27. Which of the following may qualify as delivery of an illegal drug?
a. all of these may qualify as delivery of an illegal drug
b. possession of a controlled substance with intent to deliver
c. possession of a controlled substance with intent to sell
d. possession of a controlled substance with intent to transfer

432

28. British and U.S. studies of accidental deaths in the 1980s and a National Institutes of Health study in 2002 showed that alcohol has a high relationship to deaths caused by which of the following?
a. drowning
b. choking
c. burns
d. all of these answers are correct

438

29. What percent of state prisoners were convicted of a violent crime while under the influence of alcohol alone?
a. 21%
b. 31%
c. 41%
d. 51%

438

30. Which of the following is NOT a field sobriety test?
a. the walk-and-turn test
b. the HGB test
c. the one-leg-stand test
d. all of these are field sobriety tests

439

TRUE/FALSE

1. A suspect cannot be found to have been operating a motor vehicle by being behind the wheel of a car with the keys in the ignition.

2. The Uniform Controlled Substances Act lists marijuana as a Schedule I drug with the highest abuse potential.

3. In a majority of states, even a “trace” amount of an illegal drug will sustain a conviction for possession of that drug.

4. All states have a uniform charge of possession of a small amount of marijuana.

5. Possession of marijuana for personal use is illegal throughout the U.S.

6. A defendant arrested in possession of a large amount of an illegal drug may be charged with possession with intent to deliver.

7. A person who claims to be selling cocaine, but delivers baking soda, cannot be charged with a drug crime.

8. People who illegally dispense illegal drugs will be held strictly liable in many states for a death that results from the ingestion of such a drug.

9. Criminal liability for drug induced death requires that the state must show only that the defendant provided the drugs to the victim, and that the victim died as a proximate result of the defendant’s actions.

10. Victims of drunk driving may be able to sue bars or individuals who furnished the alcoholic drinks.

COMPLETION

1. Intent to deliver illegal drugs can be proved by showing a “ connection” between the facts of possession, such as the large quantity of the drug, and an intent to sell the drugs.

2. The most common criminal illegal drug charge is that of _____________ of a controlled substance.

3. Two types of drug possession are “actual” and “___________.”

4. An amount of an illegal drug that is so small that it is unusable is referred to as a “________” amount.

5. Depending upon the jurisdiction, possession of a small amount of marijuana may be charged as either a criminal or a _________ offense.

6. In Gonzales v. the court reasoned that private use of marijuana might have an adverse impact on federal drug laws.

7. In a number of states, a person who dispenses an illegal drug will be held ________ liable for a death that results from ingestion of such drug.

8. Most students drink or not at all, but 44 percent of students drink in binges.

9. The most widely abused and misused drug in America is _________.

10. Nystagmus is a persistent, rapid, , side-to-side eye movement.

CHAPTER 17
TERRORISM

MULTIPLE CHOICE

1. Terrorists are willing to take innocent lives to
a. make money
b. make a political statement
c. satisfy their bloodlust
d. stimulate reprisals

450

2. Congress was required to clearly define the acts that constituted terrorism and condemned under the conventions because of the
a. vagueness limitation on statutes
b. void limitation on statutes
c. definition limitation on statutes
d. discreet

451

3. People who believe that organized government is evil may be referred to as
a. anarchists
b. agnostics
c. advocates
d. agents

451

4. Generally, terrorists differ from other criminals on the basis of their
a. psychological characteristics
b. mental illness
c. motive
d. physical characteristics

451

5. Which of the following statements regarding terrorism is FALSE?
a. Acts of terrorism may be sponsored by a nation or a group.
b. Terrorism is not a form of warfare.
c. Terrorism is a global problem.
d. The U.S. is a stated target of the terrorist group Al Qaeda.

451
6. Who is authorized to identify groups or organizations as terrorist organizations?
a. the State Department
b. the President
c. the Congress
d. the House of Representatives

452

7. The Alabama Criminal Code, Section 13-A-10-151, defines the crime of terrorism as an act or acts intended to
a. Intimidate or coerce a civilian population.
b. Influence the policy of a unit of government by intimidation or coercion.
c. Affect the conduct of a unit of government by murder, assassination, or kidnapping.
d. all of these

454

8. Most state statutes also make it a crime for a person to support a terrorist act or organization. Actions that could constitute support include which of the following?
a. providing financial support
b. providing lodging
c. providing training
d. all of these

454

9. Which of the following is the definition of a terrorist threat under state laws?
a. threatened violence against another
b. terrorizing a person
c. threatened violence against another with the purpose of terrorizing
d. none of these

454

10. Most of the money used to finance the 9/11 terrorist attack came from which of the following?
a. charitable organizations
b. private donors
c. foreign governments
d. drug dealers

461
11. Which of the following crimes are favored by terrorists to finance their terrorist activities?
a. theft
b. fraud
c. drug trafficking
d. all of these

461

12. According to the text, terrorists sometimes use which of the following to move funds in and out of the United States?
a. electronic wire transfers
b. television commercials
c. radio advertisements
d. none of these

462

13. One way in which terrorists move funds in and out of the United States is through the use of IVTS. What does IVTS stand for?
a. informal value transfer systems
b. international value transfer systems
c. informal value terrorist systems
d. international value terrorist systems

462

14. One example of a kind of IVTS is
a. Hawala
b. Farouq
c. Mandamus
d. Baksheesh

462

15. What is one advantage of using an IVTS?
a. no paper trail
b. it is faster than wire transfers
c. more money is available through IVTS
d. none of these answers is correct

462

16. An extraordinary rendition occurs when a person is seized in one country and then transported to another country for
a. interrogation
b. extradition
c. repatriation
d. mediation

462

17. Customs and practices followed by most nations in wartime and now the subject of international conventions are known as
a. rules of war
b. degrees of war
c. peace negotiations
d. contracts

460

18. Advocating the forceful overthrow of the U.S. government is the crime of
a. sedition
b. sabotage
c. terrorism
d. treason

454

19. Which of the following is NOT one of the classes of crimes created by rules of war?
a. government crimes
b. crimes against peace
c. crimes against humanity
d. traditional war crimes

460

20. The use of unlawful force to coerce or intimidate persons or governments in the pursuit of political, social, or religious goals is known as
a. terrorism
b. genocide
c. humanism
d. feticide

450

21. Many states have adopted a definition of the crime of terrorism closely modeled after the
a. federal definition
b. international definition
c. Supreme Court definition
d. Hague definition

454

22. Damaging or injuring national defense material or national defense utilities with the intent to obstruct the national defense is the crime of
a. sedition
b. sabotage
c. treason
d. aiding a terrorist

457

23. Customs, practices, treaties, and agreements that most nations subscribe to for the conduct of wars openly declared against sovereign nations are called
a. international conventions
b. treaties
c. international agreements concerning waging war
d. rules of war

460

24. Funds for terrorist activities are often transferred through
a. informal value transfer systems
b. human couriers
c. high-tech electronic wire transfers
d. all of these

462

25. A program whereby suspected terrorists are seized by U.S. agents and transported to another country for interrogation is known as
a. secret abduction
b. extraordinary rendition
c. international detention
d. terrorist detention

462

26. Which of the following are possible charges against terrorists?
a. treason
b. sedition
c. sabotage
d. all of these

453-457

27. Which of the following statements regarding the rules of war is FALSE?
a. President Lincoln began the codification of these rules in 1864.
b. Most nations subscribe to the rules of war.
c. Combatants in a war are liable for the violation of ordinary criminal laws.
d. President Eisenhower began the codification of these rules in 1953.

460

28. Which of the following laws forbids the planning, commencement, and conduct of an aggressive war?
a. Crimes Against Peace
b. Crimes Against Humanity
c. Traditional War Crimes
d. Antiterrorism Act of 1996

460

29. Which of the following laws forbids deportation based on race, religion or ethnic origin?
a. Crimes Against Peace
b. Crimes Against Humanity
c. Traditional War Crimes
d. Antiterrorism Act of 1996

460

30. Which of the following laws addresses conduct of combatants towards prisoners of war?
a. Crimes Against Peace
b. Crimes Against Humanity
c. Traditional War Crimes
d. Antiterrorism Act of 1996

460

TRUE/FALSE

1. Not all terrorists are sponsored or protected by a nation or a group.

2. Acts of terrorism may be considered a form of warfare.

3. The term “terrorist” is reserved for those who believe organized government is evil.

4. The State Department is authorized to identify groups or organizations as terrorist organizations.

5. Congress enacted the Federal Antiterrorism Law following the 1995 bombing of the Oklahoma City federal building.

6. The intention to intimidate or coerce a civilian population is one of the elements of the crime of terrorism.

7. A terrorist threat is a threat to commit a violent felony that is a danger to human life, and is made to intimidate only a military group.

8. Rules of war are customs and practices followed by most nations in wartime and now the subject of international conventions.

9. No countries contribute directly to terrorists organizations.

10. An extraordinary rendition occurs when a person is seized in one country and then transported to another country for torture.

COMPLETION

1. Terrorists are criminals who use force and violence in the pursuit of _________, ideological, or religious goals.

2. People who believe organized government is evil are called _________.

3. The State Department is authorized to groups or organizations as terrorist organizations.

4. One of the elements of the crime of terrorism under most state laws is to
or coerce a civilian population.

5. The Antiterrorism and Effective ________ Penalty Act makes it a crime to aid a terrorist organization in the U.S.

6. A terrorist threat is a threat to commit a violent felony that is a danger to human life, and is made to intimidate or coerce a civilian group or a .

7. Rules of are customs and practices followed by most nations in wartime.

8. The shortage of financial support can affect the scope of a terrorist .

9. Individuals contribute indirectly to terrorist organizations by giving money and support to phony “ ” groups that support terrorists.

10. An “extraordinary “ occurs when a person is seized in one country and then transported to another country for interrogation.

LEG 320 Week 8 Quiz – Strayer University New

LEG/320 Week 8 Quiz – Strayer

Click on the Link Below to Purchase A+ Graded Course Material

http://budapp.net/LEG-320-Week-8-Quiz-Strayer-449.htm

 

Quiz 8 Chapter 14 and 15

CHAPTER 14
ROBBERY, BURGLARY, AND RELATED CRIMES

MULTIPLE CHOICE

1. Robbery may be thought of as a _____ type of stealing.
a. forcible
b. covert
c. surreptitious
d. inchoate

376

2. “Strong arm” robbery is also known as
a. misdemeanor robbery
b. armed robbery
c. simple robbery
d. aggravated robbery

376

3. A strong-arm robbery is one in which
a. the victim is a child
b. the victim is injured
c. a deadly weapon is used
d. no weapon is displayed or used

376

4. Strong-arm robbery is also known as
a. mugging
b. aggravated robbery
c. armed robbery
d. burglary

376

5. 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

376-377

6. Home invasion requires which of the following?
a. unlawful entry of the dwelling of another with intent to commit a crime
b. persons present in the home
c. use force or threat of force to commit a crime
d. all of these are required

381-382

7. 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 answers are true

382-383

8. 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

376-377

9. 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

379-380

10. 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 as
a. a robbery
b. a strong armed robbery
c. theft
d. extortion

382-383

11. The crime of defiant trespass occurs when a person
a. 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 trespassing
d. remains in a place where he is not privileged to remain after notice of trespass is given and becomes violent

391

12. Forcible stealing is known as
a. robbery
b. burglary
c. aggravated robbery
d. aggravated burglary

376-377

13. 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

381-382

14. Purse snatching without force is a form of
a. theft
b. robbery
c. burglary
d. home invasion

382-383

15. 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

383-384

16. The federal act dealing specifically with extortion is the
a. Calvin Act
b. Hobbs Act
c. Lindbergh Act
d. Robbery and Extortion Act

384

17. 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

383-384

18. Robbery of persons inhabiting a dwelling is called
a. home invasion
b. aggravated robbery
c. burglary
d. aggravated burglary

381-382

19. 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

382-383

20. 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

385

21. 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

385
22. 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

385-387

23. 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

385

24. 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

385

25. 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

385-387

26. What proportion of states have modified and changed the definition of burglary in their jurisdictions?
a. 100%
b. 10%
c. 50%
d. 75%

385-387

27. 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 were required

385-387
28. 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

388-389

29. 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

379-380

30. 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 guy
a. cannot be prosecuted for any crime
b. can only be prosecuted for criminal trespass
c. can be prosecuted for attempted sexual assault
d. can be prosecuted for burglary

388-389

TRUE/FALSE

1. Robbery is the taking of property from a person or from the presence of the victim by the use of force or threat of force.

2. Strong-arm robbery is commonly called “armed robbery.”

3. Home invasion requires unlawful entry of the dwelling of another with intent to commit a crime, with persons present in the home, and the use force or threat of force to commit a crime.

4. Theft differs from robbery in that robbery involves force or threat of force.

5. Grabbing a victim and turning her around to get at her purse is not enough to make purse snatching a robbery.

6. If the threat is to inflict harm in the future, the offense charged will be robbery rather than extortion.

7. For the crime of extortion, the threat need not be communicated in the actual, physical presence of the victim.

8. In some states the burglary statute requires the intent to commit a felony; in others, specific crimes are listed.

9. Criminal trespass occurs when a person unlawfully and knowingly enters the land or building of another.

10. For purposes of a burglary charge, general intent may be inferred from the circumstances of the break-in itself.

COMPLETION

1. The taking of property from a person or from the presence of a victim by use or threat of force is the crime of ____________.

2. Armed or aggravated robbery occurs when a weapon is used in a robbery.

3. A person who unlawfully enters a dwelling knowing someone is present, and threatens the person with a dangerous weapon may be charged with home __________.

4. One of the requirements of home unlawful entry of the dwelling of another with intent to commit a crime.

5. When Congress enacted the __________ Act, the statute was aimed primarily at gangsters who were extorting protection money from businesses.

6. Purse snatching becomes when force more than that needed to take the property is used in the crime.

7. Under the old common law, the punishment for burglary was ________.

8. States no longer require _________ in their simple burglary statutes.

9. __________ trespass occurs when the person unlawfully entering is given notice of the trespass, but refuses to leave the premises.

10. The common law required that burglary be committed in the ___________.

CHAPTER 15
WHITE-COLLAR CRIME, CYBER CRIME, AND COMMERCIAL CRIME

MULTIPLE CHOICE

1. A class or type of criminal conduct that has solely economic gain to the criminal as its goal is known as
a. white collar crime
b. racketeering
c. wire fraud
d. bank fraud

396

2. What federal statute makes it a federal crime to defraud a financial institution that is federally insured?
a. false statement
b. claims
c. bank fraud
d. wire fraud

396-397

3. Deceitful means or acts used to cheat a person, corporation, or governmental agency is known as
a. fraud
b. forgery
c. false statement
d. false claims

396

4. Books, movies, and songs are protected by the
a. federal copyright act
b. the “fair use” doctrine
c. federal and state laws that protect trade secrets
d. federal wire fraud laws

398

5. A scheme to deprive another of the intangible right of honest services is known as a
a. scheme of artifice
b. scheme of neglect
c. scheme of fraud
d. scheme of deprivation

397

6. Laws protecting intellectual property do NOT include which of the following?
a. copyright laws
b. trade secrets
c. wire fraud
d. all of these are included

398-399

7. The reason fraud convictions require action done knowingly is because
a. fraud is a crime of deceit
b. fraud causes more harm than most other crimes
c. too many people would be falsely convicted otherwise
d. persons committing fraud do not always know what they are doing

396-397

8. Martha Stewart was investigated for insider trading
a. and was convicted of that charge
b. but was convicted of making false statements to federal investigators
c. but was convicted of security fraud
d. and was never convicted

405

9. Which of the following is not a type of fraud?
a. material fraud
b. bank fraud
c. health care fraud
d. intellectual property fraud

396 – 398

10. Offering a gift or payment to another with the specific intent to obtain some unlawful particular quid pro quo for the gift or payment is known as
a. bribery
b. bank fraud
c. health care fraud
d. intellectual property fraud

401-403

11. Under the Hobbs Act, what is required of an official regarding the quid pro quo requirement?
a. exercise of some influence
b. an agreement on a specific official act
c. multiple exercises of some influence
d. an agreement on numerous specific official acts

402

12. The term meaning giving something of value for something else is
a. quid pro quo
b. pro bono
c. pro rata
d. quid pro bono

402

13. Bribery under the federal statute is similar to extortion because it is not necessary in an extortion prosecution to prove an official threatened to use his official authority if
a. the extortion amount was not paid
b. the extortion amount was paid
c. the extortion was carried out
d. none of these answers is correct

402-403

14. What are the two types of identity theft?
a. true name and synthetic identity
b. false name and synthetic identity
c. true name and false identity
d. synthetic name and true identity

408

15. Insider trading includes using information acquired by an insider and
a. not available to the public to profit in a sale of securities
b. paid for through bribery
c. received by extorting a government official
d. gained through illegal entry

403-405

16. Which of the following consequences could result from importation of a counterfeit product into the United States?
a. prosecution under the criminal code of a state
b. civil suit and sanctions
c. federal prosecution under the mail fraud statute
d. all of these answers are correct

410-411

17. Criminal acts implemented through use of a computer are known as
a. cyber crime
b. identity theft
c. wire fraud
d. video voyeurism

411-415

18. Unlawful access to a computer or computer system with intent to commit a crime is known as
a. computer trespass
b. identity theft
c. wire fraud
d. video voyeurism

414

19. To convict someone of trafficking in stolen goods, the state is ordinarily required to prove that the
a. property involved was stolen property
b. defendant received, concealed, possessed, purchased, or transferred the -property as forbidden by the statutes of that state
c. defendant knew the property was stolen
d. all of these answers are correct

415

20. A person who traffics in stolen property is called a
a. fence
b. trafficker
c. mobster
d. dealer

415-416

21. Possession of burglary tools is
a. difficult to prove
b. easy to prove
c. not a crime
d. legal in most states

417

22. While the “white collar” language suggests the status of the wrongdoer, most definitions of the term focus on what rather than the identity of the criminal?
a. the kind of behavior made criminal
b. the socio-economic status of the criminal
c. the thinking of the criminal
d. the social impact of the criminal

396
23. The economic cost of white collar crimes is
a. enormous
b. slight
c. the same as many other crimes
d. less than many other crimes

396

24. What criminal charge is often used in fraud cases?
a. theft by fraud or larceny by fraud
b. theft by fraud
c. larceny by fraud
d. none of these answers is correct

396

25. The U.S. Supreme Court has held that any “scheme of artifice” must include which of the following?
a. a material falsehood
b. a legal falsehood
c. a criminal falsehood
d. a falsehood

397

26. It has been estimated that the yearly cost of healthcare fraud is more than
a. $13 billion
b. $14 billion
c. $15 billion
d. $16 billion

397

27. Insider trading includes a person called the
a. tippee
b. tipper
c. rippee
d. ripper

403-405

28. Although Martha Stewart was ultimately convicted of conspiracy and making false statements to federal investigators, what was she initially charged with?
a. insider trading
b. wire fraud
c. bank fraud
d. identity theft

405

29. What is the name of the crime that occurs when an actual person’s identity is stolen?
a. true name identity theft
b. synthetic identity theft
c. cyber identity theft
d. wire identity theft

408-410

30. Which of the following elements is included in wire fraud but NOT necessary in bank fraud?
a. the wire communication must cross state lines
b. the bank fraud must cross state lines
c. the wire communication must cross international borders
d. the bank fraud must cross international borders

407-408

TRUE/FALSE

1. Fraud involves deceitful means or acts to cheat a person, corporation, or governmental agency.

2. Stock market and corporate fraud declined significantly from 1990-2004.

3. Fraud schemes may be prosecuted on the federal, but not state level.

4. 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.

5. 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.

6. The principal laws protecting intellectual property are the federal copyright, patent, and trademark laws, as well as state trade secret laws.

7. The state bank fraud act and the wire fraud act are frequently used to convict white collar criminals.

8. A communication under the bank fraud act must cross state lines.

9. Insider trading includes using information acquired by an insider and not available to the public to profit in a sale of securities.

10. The federal identity theft statute requires the defendant know the identification document belongs to another person.

COMPLETION

1. Using deceitful acts to cheat another is called __________.

2. The federal government has passed many criminal laws directed at health care fraud, such as the False Claims Statute.

3. The _______________ Claims Act makes it a crime to present a claim to the U.S. government that is false or fraudulent.

4. A class or type of criminal conduct that has solely economic gain to the criminal as its goal is the definition of white crime.

5. Among the crimes created to protect stock markets and financial markets of the U.S. is the crime of insider _________.

6. Fraud is in essence a crime of .

7. Congress has power to punish most large fraud schemes under the __________ commerce clause.

8. The receipt of unlawful payment to an official may prove , and also could prove bribery.

9. The primary criminal laws aimed at property fraud are the federal copyright and patent acts and federal and state trade secret acts.

10. The federal fraud act and the wire fraud act are frequently used to convict white collar criminals.

LEG 320 Week 5 Quiz – Strayer University New

LEG/320 Week 5 Quiz – Strayer

Click on the Link Below to Purchase A+ Graded Course Material

http://hwgala.com/LEG-320-Week-5-Quiz-Strayer-446.htm

 

CHAPTER 8
CRIMINAL PUNISHMENTS

MULTIPLE CHOICE

1. The Sixth Amendment requires that factual findings made for the purpose of enhancing a sentence must be made by a
a. jury
b. judge
c. prosecuting attorney
d. defense attorney

2. In Ring v. Arizona, 536 U.S. 584 (2002), the Court held that a state capital sentencing procedure that permitted the sentencing judge to make the factual determination of the aggravating and mitigating circumstances present
a. violated the Sixth Amendment’s right of trial by jury
b. violated the Sixth Amendment’s right of trial by judge
c. violated the Sixth Amendment’s right to a speedy trial
d. violated the Eight Amendment’s right to freedom from cruel and unusual punishment

3. In Blakely v. Washington, the Supreme Court held the sentence was invalid under the Sixth Amendment, because the defendant was entitled to a jury trial on the facts supporting the finding that he acted with
a. deliberate cruelty
b. deliberate indifference
c. deliberate apathy
d. deliberate malice

4. In Booker, the Court held that under the holdings of Apprendi and Blakeley, the Federal Sentencing Guidelines violated the Sixth Amendment’s right to
a. jury trials in criminal cases
b. speedy trials in criminal cases
c. fair trials in criminal cases
d. an attorney in criminal cases

5. The Federal Sentencing Guidelines are
a. no longer mandatory
b. no longer discretionary
c. no longer applicable
d. no longer fair

6. The name given to the test used to determine whether a sentence constitutes cruel and unusual punishment is
a. balancing
b. scales of justice
c. proportionality
d. moderation

7. In the 1972 case of Furman v. Georgia, death penalty laws in all states were struck down as
a. “arbitrary and capricious” by the U.S. Supreme Court
b. “arbitrary and changeable” by the U.S. Supreme Court
c. “random and capricious” by the U.S. Supreme Court
d. “arbitrary and illogical” by the U.S. Supreme Court

8. In Ingraham v. Wright, the Supreme Court considered the relationship between the cruel and unusual punishment clause and the use of corporal punishment in
a. public schools
b. prisons
c. the work place
d. private schools

9. The U.S. Supreme Court has held that reasonable corporal punishment in public schools
a. violates the Eighth Amendment
b. violates substantive due process
c. is not covered by the cruel and unusual punishments clause
d. violates equal protection

10. In a public school, any excessive, unreasonable corporal punishment which would shock the conscience would be a violation of
a. substantive due process
b. procedural due process
c. the cruel and unusual punishment clause
d. equal protection

11. The absence of fair procedures before corporal punishment is utilized on a public school student would be a violation of
a. substantive due process
b. procedural due process
c. the cruel and unusual punishment clause
d. equal protection

12. Which of the following types of defendants can be given the death penalty?
a. mentally retarded defendants
b. juvenile defendants
c. female defendants
d. insane defendants

13. In the 1972 case of _____ v. Georgia, the U.S. Supreme Court struck down all state death penalty laws as “arbitrary and capricious.”
a. Thomas
b. Cosgrove
c. Furman
d. Ellison

14. Generally, before the death penalty may be imposed, a judge or jury must find at least one of what kind of circumstance?
a. mitigating
b. balancing
c. concurrent
d. aggravating

15. What kinds of evidence must be produced if the prosecution seeks imposition of the death penalty after a jury has found the defendant guilty of the crime charged?
a. aggravating circumstances
b. mitigating circumstances
c. infuriating circumstances
d. frustrating circumstances

16. The Eighth Amendment prohibits the imposition of which kind of fines?
a. excessive
b. proportional
c. mitigating
d. monetary

17. The text of the Eighth Amendment prohibits excessive bail, excessive fines, and
a. cruel and unusual punishment
b. the death penalty
c. life without parole
d. three strikes laws

18. The Sixth Amendment requires that a jury must make factual findings for the purpose of
a. enhancing a sentence
b. putting a guilty defendant to death
c. a downward departure
d. a reduced sentence

19. Fines, like other types of punishment, must be
a. balanced
b. contingent
c. pro-rated
d. proportional

20. All states and the federal government have some type of sentence _____ statutes which typically increase the penalty if the crime was deemed a hate crime or the victim was elderly or handicapped.
a. mitigation
b. enhancement
c. aggravation
d. proportionality

21. Habitual offender or recidivist statutes that provide for a life sentence after multiple felony convictions are
a. unconstitutional
b. routinely found to be cruel and unusual punishment
c. allowed on the federal level but not on the state level
d. subject to a proportionality test, i.e., the sentence fits the crime

22. Which of the following is NOT characteristic of career-criminal programs?
a. longer sentences
b. encourages plea bargaining
c. speeds up prosecution of the defendant
d. development of special units within law enforcement agencies

23. In the Solem v. Helm case, the Supreme Court held the defendant’s sentence to life without parole for passing a “no account” check was
a. a harsh, but acceptable sentence
b. a violation of procedural due process
c. a violation of the Eighth Amendment
d. an advisable sentence which would serve to deter others

24. What case established the steps for a proportionality review of a non-capital sentence?
a. the Solem case
b. the Apprendi case
c. the Blakely case
d. the Miranda case

25. In Apprendi, the Court held that any fact that increases the penalty for the crime charged must be submitted to the jury and proved
a. beyond a reasonable doubt
b. beyond a reasonable suspicion
c. beyond a doubt
d. by a preponderance of the evidence

26. The Apprendi opinion caused many changes in
a. sentencing procedures
b. jury procedures
c. misdemeanor trial procedures
d. wording of three strikes laws

27. Blakely v. Washington, 124 S.Ct. 2531 (2004), applied the reasoning of Apprendi to
a. state sentencing systems
b. federal sentencing systems
c. city sentencing systems
d. county systems

28. The laws popularly called “three strikes and you’re out”
a. consistently violate the Eighth Amendment
b. have been repealed in all states
c. violate double jeopardy
d. apply only to felony convictions

29. Based upon the Court’s decision in Lockyer v. Andrade, “three-strikes” laws may
a. be unconstitutional in certain situations
b. not be used for nonviolent offenses
c. not be used in federal courts
d. not be used in federal or state courts

30. In Atkins v. Virginia, 536 U.S. 304 (2002), the Court held that the Cruel and Unusual Punishment Clause of the Eighth Amendment prohibited imposition of the death penalty on defendants with
a. mental retardation
b. schizophrenia
c. terminal illness
d. none of these answers are correct

TRUE/FALSE

1. The Eighth Amendment of the U.S. Constitution, ratified in 1791 as part of the Bill of Rights, provides that “excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.”

2. Corporal punishment in public schools violates the Eighth Amendment.

3. In 1972, the Supreme Court, in Furman v. Georgia, invalidated all existing state death penalty laws.

4. The death penalty may not be imposed upon a person determined to be insane.

5. The Apprendi opinion caused many changes in sentencing procedures and also resulted in many reversals of sentences handed down by trial judges.

6. Blakely v. Washington, 124 S.Ct. 2531 (2004), applied the reasoning of Apprendi to state sentencing systems.

7. A defendant ordered to serve two years concurrently for conviction of two counts of a crime must serve the sentences one after the other, for a total of four years.

8. A long criminal record would be an aggravating factor while no previous criminal record would be a mitigating factor.

9. In 1984 the federal government passed the Truth in Sentencing law (TIS), which encouraged states to pass sentencing laws that guaranteed a defendant served the entire time sentenced rather than just a few years.

10. The use of a firearm or dangerous weapon while committing a crime frequently serves as a basis for sentence enhancement.

COMPLETION

1. The ban on cruel and unusual punishments requires that punishments be ____________ to the seriousness of the offense.

2. In Booker, the Court held that under the holdings of Apprendi and , the Federal Sentencing Guidelines violated the Sixth Amendment’s right to jury trials in criminal cases.

3. To impose the death penalty, the jury must find the existence of a(n) __________ circumstance.

4. Death penalty statutes allow the jury to impose a sentence other than the death penalty if they find a ____________ circumstance.

5. In 1972, in the case of ___________ v. Georgia, the U.S. Supreme Court invalidated all existing state death penalty statutes.

6. The ___________ Amendment prohibits execution of a prisoner who is insane.

7. Sentences that are to be served are served at the same time.

8. The Eighth Amendment Cruel and Unusual Punishment Clause is not applicable to the use of corporal punishment for purposes in the public schools.

9. In the 1972 case of Furman v. Georgia, death penalty laws in all states were struck down as “arbitrary and ” by the U.S. Supreme Court.

10. Sentence enhancement statutes are used to ____________ the period of incarceration the defendant may be ordered to serve.

CHAPTER 9
FREE SPEECH, “STREET CRIMES,” AND THE BILL OF RIGHTS

MULTIPLE CHOICE

1. One test for when government can ban speech because of its potential for harm is the
a. clear and present danger test
b. obvious and current harm test
c. contingent and imminent injury test
d. overt and contemporary peril test

2. Which of the following are forms of speech that are NOT protected by the First Amendment?
a. political speech
b. commercial communications
c. fighting words
d. advertising

3. The fighting words exception to First Amendment protection generally requires
a. the use of obscenity
b. face-to-face confrontation
c. a defamatory message
d. vulgar language

4. Symbolic speech such as uniforms, religious garb, black armbands, and hand gestures express messages and ideas and are protected by the
a. First Amendment
b. Second Amendment
c. Third Amendment
d. Fourth Amendment

5. A statute forbidding persons not in custody from making false statements to law enforcement officers, even if not under oath, would
a. not violate the First Amendment
b. violate the First Amendment
c. violate the privilege against self-incrimination
d. violate due process

6. Patently offensive sexual material which is not protected by the First Amendment would be
a. pornography
b. obscenity
c. profanity
d. blasphemy

7. In determining whether something is obscene, the court will view the material from the point of view of
a. expert witnesses
b. a reasonable police officer
c. the average person applying community standards
d. a person well acquainted with art and literature

8. Public use of vulgar, profane, or indecent language or signs
a. is generally protected speech
b. is never protected by the First Amendment
c. violates the First Amendment only if it is offensive to the general public
d. is automatically considered a breach of the peace

9. The offense of inciting occurs
a. if the person incited actually commits the crime
b. if the person inciting participates in the criminal act
c. even if the unlawful act is never actually committed
d. if the inciting words are expressed in a loud and forceful voice

10. The crime of inciting occurs when speech or communication urges
a. violent lawless action
b. imminent lawless action
c. obscene lawless action
d. felonious lawless action

11. The two forms of defamation are
a. past and imminent
b. libel and slander
c. latent and patent
d. dangerous and offensive

12. What is the name given to speech which injures the character or reputation of another by written communication?
a. slander
b. libel
c. extortion
d. false publication

13. Defamation is the communication of false statements that
a. cause another to commit a breach of the peace
b. pose a clear and present danger
c. are patently offensive
d. damage the reputation of another

14. Which of the following has NOT been considered to be a “true threat”?
a. threats against public officials
b. threats by schoolchildren against teachers or other students
c. terrorist threats
d. all of these have been considered to be “true threats”

15. Which of the following are ways one person might stalk another person?
a. spying on the victim
b. following the victim
c. e-mailing the victim
d. all of these are ways one person might stalk another person

16. In District of Columbia v. Heller, 128 S.Ct. 2783 the U.S. Supreme Court held that the Second Amendment was a
a. private right
b. state right
c. federal right
d. government right

17. Speech that, because it will likely incite immediate violence, is not protected by the First Amendment is known as
a. fighting words
b. obscenity
c. rude language
d. incitement

18. The test used to judge government restrictions on speech is called the
a. clear and present danger test
b. libel and slander test
c. stalking test
d. violence test

19. Using the U.S. mail or e-mail to convey a threat of violence is
a. a form of pure speech
b. a form of symbolic speech
c. considered fighting words
d. a violation of federal law

20. When a city or state restricts conduct in public places
a. it must have proof that the conduct is or will be harmful
b. the public place must attract large numbers of people
c. the restrictions must not be aimed at speech
d. it must show it has a significant interest in placing restrictions and they must be no greater than necessary

21. Which of the following is NOT one of the guidelines for American courts to define obscenity established in the 1973 case of Miller v. California?
a. Whether “the average person applying contemporary community standards” would find that the work, taken as a whole, appeals to the prurient interest.
b. Whether the work or communication depicts or describes, in a patently offensive way, sexual conduct specifically defined by the applicable state law.
c. Whether the work or communication, taken as a whole, lacks serious literary, artistic, political, or scientific value.
d. all of these are guidelines established to define obscenity in the 1973 case of Miller v. California

22. A person who lies to federal investigators can be charged under the
a. Federal Fraudulent Claim Act
b. Federal Obstruction of Investigation Act
c. Federal Perjury Act
d. Federal False Statement Act

23. The offense of urging another to commit an unlawful act is
a. inciting
b. libel
c. slander
d. stalking

24. The crime of unlawful assembly
a. prohibits the assembly of people for an unlawful purpose or under circumstances that endanger the public peace
b. prohibits political demonstrations without a permit
c. allows the government to limit First Amendment speech
d. was a common crime that most jurisdictions no longer recognize

25. Stalking is a crime
a. if the stalker actually harms the victim
b. if the stalker attempts to harm the victim
c. even if the stalker does not attempt to harm the victim
d. if the victim can identify the stalker

26. The Second Amendment refers to whose right to keep and bear arms?
a. the states
b. the militias
c. the people
d. the National Guard

27. A state or federal gun control law is likely to
a. violate the Second Amendment
b. be supported by the NRA
c. struck down by the federal court
d. be upheld

28. According to the U.S. Supreme Court, the following is not protected by the First Amendment freedom of religion clause EXCEPT:
a. worship
b. violation of child labor laws
c. polygamy
d. handling dangerous animals in a religious ceremony

29. The offense of injuring the character or reputation of another by oral or written communication of false statements is
a. defamation
b. libel
c. slander
d. stalking

30. The First Amendment protects the freedom of religion, speech, free assembly, the press, and
a. petitioning Government for redress of grievances
b. suing Government for redress of grievances
c. libeling Government for redress of grievances
d. slandering Government for redress of grievances

TRUE/FALSE

1. Freedom of speech is an absolute right.

2. “Fighting words” are protected speech under the First Amendment.

3. Local, state, or federal governments in the United States cannot forbid or suppress speech and punish the speaker unless the speech is likely to bring harm to people or property.

4. According to the U.S. Supreme Court, it is the duty of law enforcement to define obscenity.

5. Violations of restraining orders are not “true threats”.

6. The offense of inciting another to commit a crime is not completed until the other person performs the unlawful act.

7. Cyber stalking, or using the Internet to stalk or harass a person, is a variation on the usual physical acts in stalking.

8. The Supreme Court has stated that the right to bear arms is a “fundamental right” made binding on states by the Due Process clause.

9. An e-mail threat against all females will constitute a “true threat.”

10. A person can stalk another by physically intruding into the other person’s life.

COMPLETION

1. Under the First Amendment, government cannot forbid ________ unless it is likely to bring harm to people or property.

2. All states have laws forbidding a breach of the peace, also known as _________ _________.

3. The two main forms of __________ are libel and slander.

4. Fighting words differ from ordinary rude language because they carry the possibility of inciting another to .

5. Violation of a restraining order can subject the violator to a ________ charge.

6. The use of public property is subject to ___________ regulations.

7. First Amendment freedoms and the rights of expression in public places are not ___________.

8. A clear and present danger is the possibility that some speech or conduct will bring harm to people or property .

9. Obscenity is speech or other communication that appeals to a reasonable person’s prurient interest, describes in an offensive manner specific defined sexual conduct, and has no social value.

10. A person can stalk another by sending messages.