LEG 320 Week 7 Quiz – New

LEG 320 Week 7 Quiz – Strayer

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CHAPTER 12
SEXUAL ASSAULT, RAPE, PROSTITUTION AND RELATED SEX CRIMES

MULTIPLE CHOICE

1. Sexual relations (nonmarital) become a crime in the United States if
a. there is a lack of consent
b. they are with a minor incapable of legally consenting
c. they are with a mentally deficient person or an adult incapable of consenting
d. all of these answers are correct

312

2. Sexual relations (nonmarital) become a crime in the United States if
a. they are performed in public
b. they are performed for profit
c. they are between a therapist and a patient and in violation of the laws of that state
d. all of these answers are correct

312

3. The National Institute of Justice defines rape as which of the following types of penetration achieved through the use of force or threat of force?
a. vaginal
b. oral
c. anal
d. all of these answers are correct

312

4. What is the name of the crime in which people of the same family have sex?
a. rape
b. sexual assault
c. sexual battery
d. incest

323-324

5. Rule 412 of the Federal Rules of Evidence is an example of a
a. rape shield law
b. sexual predator law
c. child pornography law
d. prostitution law

319-321

6. Rule 412 of the Federal Rules of Evidence provides that in a criminal trial of a sexual assault charge, evidence (1) offered to prove the victim engaged in other sexual behavior, or (2) offered to prove the victim’s sexual predisposition, is
a. inadmissible
b. admissible
c. inflammatory
d. defensible

319-321

7. Which of the following is not one of the exemptions to rape shield law’s prohibitions?
a. evidence of specific sexual behavior of victim offered to prove another person was the source of semen or other physical evidence
b. evidence of specific past sexual contact between the victim and the accused, if offered to prove consent
c. evidence the exclusion of which would violate the constitutional rights of the accused
d. evidence offered to prove the victim’s sexual predisposition

319-321

8. Under the rape shield laws enacted in most states
a. defendants convicted of rape are sentenced to life in prison
b. the rape victim can submit a written statement instead of testifying at trial
c. the victim may have an advocate present with them at trial
d. a rape victim’s past sexual conduct with people other than the
defendant may not be used at trial

319-321

9. Rape shield laws were enacted to
a. encourage the reporting of sexual assaults
b. make it easier to obtain convictions for rape
c. make it easier to obtain convictions for rape and encourage the reporting
of sexual assaults
d. make it more difficult to obtain convictions for rape and discourage the
reporting of sexual assaults

319-321

10. Which of the following are exceptions to the rape shield laws?
a. evidence of specific sexual behavior of victim offered to prove another person was the source of semen or other physical evidence
b. evidence of specific past sexual contact between the victim and the accused, if offered to prove consent
c. evidence the exclusion of which would violate the constitutional rights of the accused
d. all of these are exceptions to the rape shield laws

319-321

11. In most states, honest mistake as to the age of the minor in a statutory rape case
a. is a well-recognized defense
b. is not permitted as a defense
c. is permitted as a defense as long as the child gave consent
d. none of the above

323

12. In State v. Baker, the Iowa Supreme Court permitted a defendant in a rape case to offer evidence that the victim had in the past made false rape claims against others. Since such evidence is not about past sexual behavior, the court held the rape shield law
a. inapplicable
b. invalid
c. applicable
d. valid

321

13. 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 rape
b. incest
c. assault
d. battery

321-323

14. Which of the following is a basis for civil commitment of a sexual predator?
a. pedophilia
b. sociopathy
c. schizophrenia
d. psychosis

327

15. 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 answers is correct

327

16. 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

327

17. 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

327-328

18. Persons who procure customers for and provide assistance to prostitutes are called
a. procurers
b. pimps
c. facilitators
d. assistors

328-330

19. 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

328-330

20. 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

328-330

21. 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 1st Amendment
b. the 2ndAmendment
c. the 4th Amendment
d. the 5th Amendment

334-338

22. 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

332-334

23. 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 States
b. 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 answers is correct

338-339

24. 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 answers is correct

334-338

25. In ACLU v. 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 1st Amendment

337-338

26. Most states divide sexual assault into
a. two or more degrees
b. three or more degrees
c. four or more degrees
d. five or more degrees

342

27. Which of the following factors can increase the degree of sexual assault?
a. force used
b. a weapon used
c. bodily injury inflicted
d. all of these answers are correct

315-317

28. The Child Online Protection Act (COPA)
a. was enacted by Congress in 1998
b. prohibits commercial internet communication that is harmful to minors
c. was attacked as unconstitutional
d. all of these answers are correct

337-338

29. 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

321-323

30. 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

327

TRUE/FALSE

1. Most states divide sexual assault into two or more degrees.

2. It is a defense to the charge of statutory rape that the defendant reasonably believed the person was not a minor.

3. Pimping includes not only securing clients for a prostitute, but also living off the prostitutes illegal earnings.

4. The Child Online Protection Act has been found unconstitutional by a Circuit Court of Appeal, and the Supreme Court has denied review of that decision.

5. Under rape shield laws at trial rape victims do not have to defend their reputations or past sexual conduct with persons other than the defendant.

6. Members of either sex may be convicted of pimping for prostitution.

7. The U.S. Supreme Court has held that the 1996 Child Pornography Prevention Act was unconstitutional because it failed to clearly identify what constituted “indecent” or “patently offensive” material.

8. Aggravated rape is handled the same in all states.

9. Sexual touching laws often require a showing that the conduct was intended to arouse sexual desire.

10. The U.S. Supreme Court has stated that pedophilia is not a basis for civil commitment.

COMPLETION

1. Under some rape statutes, it must be shown that the victim had a genuine and real fear that ____________ force would be used.

2. Most states divide sexual assault into two or more .

3. Rape laws prohibit questioning of a rape victim if the purpose of the questions is to expose the victim’s previous sexual history.

4. Before rape shield laws, a victim’s __________ was deemed “fair game” by defense lawyers.

5. One of the purposes of statutory rape laws is the prevention of illegitimate _________.

6. In most states forbidding statutory rape, a child cannot ___________ to having sexual intercourse with the defendant.

7. Statutory rape requires no specific to have sex with a minor.

8. _________________ includes not only securing clients for a prostitute, but also living off the prostitutes illegal earnings.

9. A majority of states and the federal government do not require __________ as an element of the crime of child pornography.

10. In terms of sexual harassment, the U.S. Supreme Court has held that a “______ or abusive” environment violates the law.

CHAPTER 13
THEFT

MULTIPLE CHOICE

1. “Property” is divided into what two types?
a. personal and tangible
b. personal and intangible
c. real and personal
d. single ownership and dual ownership

348

2. Two important rights to property are
a. ownership and title
b. ownership and possession
c. title and disposability
d. title and immutability

348

3. 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

348

4. 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

348-349

5. A “taking” can occur by
a. acts of a stranger
b. a trusted employee
c. a spouse
d. any of these

352

6. 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

348

7. The act of obtaining physical possession or control of another’s property is known as
a. taking
b. stealing
c. shoplifting
d. burglary

349

8. 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 answers are correct

350

9. An employee who steals money or property from their employer commits
a. extortion
b. bribery
c. fraud
d. embezzlement

353

10. 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 are correct

354

11. Taking can occur by
a. direct acts
b. appropriating lost or mislaid goods
c. deception
d. all of these are correct

352

12. A joint owner “takes” the property of the other joint owner if the taker had no right to use or keep the property and
a. doing so infringes on the rights of the joint owner
b. doing so causes harm to the joint owner
c. doing so offends the joint owner
d. does so in a suspicious manner

349-351

13. In which of the following ways can the taking requirement be met in shoplifting?
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. all of these answers are correct

358-360

14. 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

365

15. What kind of intent is required for the crime of theft?
a. general
b. specific
c. concurrent
d. reckless

357-358

16. 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

363-364
17. In a self-service 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

360

18. 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 these

360-363

19. 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

364

20. Many states have enacted what kind of statutes to help protect businesses from civil suits brought by suspected shoplifters?
a. Shoplifting Detention Acts
b. Non-criminal Shoplifting Sanctions
c. In Rem Civil Forfeitures
d. Civil Shoplifting Remedies

363

21. Shoplifting detention acts (or shopkeeper’s privilege) grants merchants immunity from civil actions brought by suspected shoplifters who were detained if the security personnel
a. are licensed security guards
b. can demonstrate the existence of probable cause
c. personally witnessed the act of shoplifting
d. captured the theft on videotape

363
22. If a shopper in a store is falsely accused of shoplifting in public but no criminal charges were brought, it may give rise to a civil suit alleging
a. slander
b. libel
c. false detention
d. malicious prosecution

364

23. Credit card theft
a. requires that the thief have actual possession of the card
b. requires that the thief take and carry away the card
c. can occur merely by unauthorized use of a credit card number
d. is a form of embezzlement

365

24. Writing a bad check, or one that “bounces”
a. is always a crime
b. may be a civil, but not a criminal violation
c. is a crime only if the check is written in excess of $100
d. may be a crime when the writer refuses to make good the check

366-367

25. Wrongfully signing a writing or instrument in the name of the person who issued the writing or instrument, or to whom it was payable is the crime of
a. uttering
b. theft
c. forgery
d. embezzlement

367

26. Putting into circulation a check known to be worthless is the crime of
a. theft
b. uttering
c. unlawful presentation
d. fraudulent production

366-367

27. Creating a false document, or altering an existing document, is the essence of
a. forgery
b. uttering
c. counterfeiting
d. fraudulent procurement

367

28. The crime of uttering may be committed by presenting to a store clerk
a. a stolen credit card
b. a stolen debit card
c. counterfeit currency
d. a post-dated check

366-367

29. Which of the following is an example of a check-kiting scheme?
a. a person has two accounts and deposits a large check from one to the other
b. a person has two accounts and deposits a large check from one to the other, then fraudulently withdraws money from the account before the check clears
c. a person has two accounts and deposits a large check from one to the other knowing the check will bounce
d. a person has two accounts and deposits a forged check in one of the accounts

368-370

30. Property ownership may be in the form of
a. sole ownership
b. business partners
c. husband and wife
d. all of these answers are correct

349

TRUE/FALSE

1. A person may have lawful possession of property yet not be the owner.

2. Taking and keeping lost or mislaid goods is not a crime.

3. Check-kiting involves two bank accounts.

4. Credit card theft can be proved by showing the defendant was in actual possession of a stolen credit card.

5. A person must leave the store without paying for goods before a theft occurs.

6. Generally, to detain a suspected shoplifter, security personnel must have proof beyond a reasonable doubt.

7. When a forged check is presented for payment, the felony offense of theft by deception is committed.

8. Uttering is most often committed when a person presents a forged instrument for payment.

9. Hiding retail goods on the person can constitute taking in a shoplifting crime.

10. The crime of forgery may involve creation of a fake document with intent to defraud.

COMPLETION

1. A ___________ refers to the act of obtaining physical possession or control of another’s property.

2. Credit card theft can be proved by showing the defendant was in actual of a stolen card.

3. The crime of ________________ forbids a person already in lawful possession of property from fraudulently converting it to his own use.

4. The “ ” rule is necessary to make sure money is freely negotiable.

5. A joint owner “ ” the property of the other joint owner if he/she had no right to use or keep the property and doing so infringes on the rights of the joint owner.

6. Exercising control over the goods with the right of a shopper to possess goods prior to sale can constitute taking in a shoplifting crime.

7. ________________ is the form of theft that occurs most frequently in any retail business.

8. To detain or arrest a shoplifter, store personnel generally have to have reasonable grounds, or ___________.

9. When a forged instrument is presented for payment, the crime of __________ has been committed.

10. Altering an existing document or creating a false document with intent to defraud are examples of the crime of ___________.