Question: What type of tort occurs when someone acts carelessly, creating an unreasonable risk of harm?

Answer Choices: A. Intentional
B. Secondary
C. Criminal
D. Negligent
E. Strict-liability

Answer: D. Negligent

 

Question: What did the U.S. Supreme Court case Miranda v. Arizona establish?

Answer Choices: A. The right to a 24-hour break from interrogation
B. The right to continual questioning
C. The right to remain silent until trial
D. The right to an attorney paid for by the state
E. The right of a person to remain silent and the right to an attorney

Answer: E. The right of a person to remain silent and the right to an attorney

 

Question: Which act makes it a felony to fail to keep records of audits and work papers for five years?

Answer Choices: A. White-Collar Crime Act of 1999
B. Audit and Paperwork Act
C. Racketeering and Influenced and Corrupt Organizations Act
D. The False Reporting Act
E. Sarbanes-Oxley Act

Answer: E. Sarbanes-Oxley Act

 

Question: A negligent tort occurs when the defendant is careless to ___ detriment.

Answer Choices: A. Someone else’s
B. The state government’s
C. The federal government’s
D. The court system’s
E. His own

Answer: A. Someone else’s

 

Question: ___ crimes are often committed by employees against a business.

Answer Choices: A. White-collar
B. Blue collar
C. Business exception
D. Employee specific
E. Juvenile

Answer: A. White-collar

 

Question: Which of the following is considered the “guilty act”?

Answer Choices: A. Actus reus
B. Mens rea
C. Criminal actus
D. Locos actus
E. Carpe diem

Answer: A. Actus reus

 

Question: Which of the following is true regarding punitive damage awards in the U.S.?

Answer Choices: A. It is not always easy to predict what a court will do
B. They are capped at $3 million
C. A ratio greater than 10:1 violates due process
D. Juries have sole discretion and cannot be reversed
E. They violate the Eighth Amendment

Answer: A. It is not always easy to predict what a court will do

 

Question: Corporations cannot be held criminally accountable for strict-liability offenses under current law.

Answer Choices: A. True
B. False

Answer: B. False

 

Question: Penelope used confidential client lists from her employer to promote her personal business. What crime, if any, has Penelope committed?

Answer Choices: A. Cyber terrorism
B. Theft of company assets
C. Hacking
D. Extortion
E. Larceny

Answer: B. Theft of company assets

 

Question: What does a “hung jury” mean?

Answer Choices: A. The jury required the defendant to be retried
B. The jury wanted the punishment to be a public hanging
C. The jury could not reach a verdict
D. The jury requested a retrial to gather more evidence
E. The jury needed to speak with the judge

Answer: C. The jury could not reach a verdict

 

Question: Embezzlement is distinguished from larceny because the embezzler does not take the property from another and is already in possession of the property.

Answer Choices: A. True
B. False

Answer: A. True

 

Question: Which type of tort is the most willful?

Answer Choices: A. Intentional
B. Strict liability
C. Negligent
D. Absolute liability
E. Primary

Answer: A. Intentional

 

Question: Which of the following is generally true regarding a storekeeper who detains a suspected shoplifter?

Answer Choices: A. Detention always counts as false imprisonment
B. May question the suspect in a reasonable manner and time
C. May detain but not ask questions before police arrive
D. Must release within 30 minutes
E. Must call police without any detention

Answer: B. May question the suspect in a reasonable manner and time

 

Question: Penny and Theodore comprise a scheme to trade stocks based on insider information. This is known as:

Answer Choices: A. Insider trading
B. Cramming
C. Embezzlement
D. False token
E. Check kiting

Answer: A. Insider trading

 

Question: Conrad embezzled over $100,000 from his employer and was sentenced to 9 years in prison. This is an example of a(n):

Answer Choices: A. Petty offense
B. Felony
C. Juvenile petty offense
D. Tort offense
E. Misdemeanor

Answer: B. Felony

 

Question: Kelly locks Juan in a closet for hours after falsely accusing him of theft. What tort has she committed?

Answer Choices: A. False light
B. Intrusion on seclusion
C. Appropriation for commercial gain
D. False imprisonment
E. No tort was committed

Answer: D. False imprisonment

 

Question: Which of the following is not an element of criminal fraud?

Answer Choices: A. False representation of a material fact
B. The representation was meant to deceive
C. There was reasonable reliance on the false representation
D. There must be damages
E. The damages must be $500 or greater

Answer: E. The damages must be $500 or greater