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When companies bill consumers for optional services that the consumers did not order,it is called which of the following?


A) Fraudulent adding
B) Stuffing
C) Slamming
D) Fraudulent transfer
E) Cramming

F) A) and B)
G) D) and E)

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By using UPS to send correspondence and samples of the bands to patients,Dr.Eli committed which of the following offenses,if any?


A) False pretenses
B) Fraudulent use of transit
C) Mail fraud
D) Defalcation
E) He is not guilty of any offense

F) A) and E)
G) A) and B)

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Persons in which of the following groups are considered infants under the law in regards to criminal activity?


A) Any person under the age of majority.
B) Any child sixteen and under.
C) Any child twelve and under.
D) Any child ten and under.
E) Any child five and under.

F) A) and E)
G) All of the above

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A corporation cannot be considered a criminal under common law because it is not an actual person and,thus,does not have a mind.

A) True
B) False

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Pauline,the president of Business Corp,falsified documents to make it appear as if she had been granted stock options on certain dates,and she selected the dates after the fact,picking dates on which the stock price was low.Which of the following offenses,if any,did she commit?


A) Pretexting
B) Insider trading
C) Defalcation
D) Stock option backdating
E) She did not commit any offense

F) A) and E)
G) None of the above

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Explain the type of conduct generally referenced by the term "criminal fraud" and list the three elements generally involved in establishing criminal fraud.

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Criminal fraud encompasses a variety of ...

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Which of the following is a false document or sign of existence used to perpetrate fraud,such as making counterfeit money?


A) Ponzi scheme
B) Pretexting
C) False entries
D) False pretenses
E) False token

F) B) and C)
G) A) and E)

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By broadening the scope of actions covered and the definition of a public official,Congress amended the Foreign Corrupt Practices Act to conform to the antibribery convention adopted by the Organization for Economic Cooperation and Development.

A) True
B) False

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By providing information to Claire regarding the purchase,Eva is guilty of which offense,if any?


A) She is guilty of an insider-trading violation by being tipped.
B) She is guilty of an insider-trading violation by tipping the information.
C) She is not guilty of any offense.
D) She is guilty of criminal extortion.
E) She is guilty of an insider-trading violation by both tipping and being tipped.

F) None of the above
G) D) and E)

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

A) True
B) False

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After trial,the jury found the prosecution had met its burden of proof by a preponderance of the evidence.Did the jury apply the correct standard of proof?


A) No,because the judge is the proper finder of fact in a criminal trial.
B) Yes,in a criminal trial,the prosecutor must persuade the jury by a preponderance of the evidence that the defendant committed the crime.
C) No,in a criminal trial,the judge must find a preponderance of evidence against the defendant.
D) Yes,because the jury is the proper finder of fact in a criminal trial.
E) No,in a criminal trial,the prosecutor must persuade the jury beyond reasonable doubt that the defendant committed the crime.

F) D) and E)
G) B) and C)

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List and discuss the three tests discussed in the text used for determining the viability of the insanity defense.

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The M'Naghten test,also known as the "ri...

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The offense of grand larceny is the theft of larger items,rather than smaller items that can be hidden,for example,in a purse.

A) True
B) False

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Making threats for the purpose of obtaining money or property is which of the following?


A) Criminal Fraud
B) Importation
C) Larceny
D) Bribery
E) Extortion

F) B) and E)
G) B) and D)

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Which of the following is true regarding the manner in which the exclusionary rule is derived from the U.S.Constitution?


A) It is specifically set forth in the Sixth Amendment.
B) It is specifically set forth in the Fifth Amendment.
C) It is specifically set forth in the Fourth Amendment.
D) It is specifically set forth in the Eighth Amendment.
E) No section of the U.S.Constitution specifically states the provisions of the exclusionary rule.

F) C) and E)
G) C) and D)

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At trial a defense lawyer states that evidence should not be admitted because it is "fruit of the poisonous tree." Upon which of the following is the attorney relying?


A) The exclusionary rule.
B) The Adam Rule.
C) The Fourth Amendment Rule.
D) The Eden Rule.
E) The Eve Rule.

F) C) and E)
G) B) and D)

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[Divorce fallout] Dr.Eli,following a messy divorce,has encountered significant financial difficulties.Dr.Eli has a friend named Shady Sam who tells Dr.Eli that he has been making lots of money by selling people a wristband that allegedly places pressure on a nerve that signals hunger resulting in a lack of appetite.Shady Sam tells Dr.Eli that,although the device does not really work,people who want to lose weight and look good in their bathing suits will do anything.Shady says the wristband sells like hotcakes.Shady also tells Dr.Eli that he will pay Dr.Eli five dollars for every band that Dr.Eli can sell to his patients.Dr.Eli proceeds to mail letters to patients suggesting the use of the band for weight loss.He also uses UPS to mail samples of the band to some patients along with letters encouraging purchase of the bands.Dr.Eli then proceeds to bill Medicare for office consultations he has with patients when they come in to purchase the bands.The scheme is wildly successful.Dr.Eli can entirely satisfy his alimony obligations within just a few months.Unfortunately,as patients begin to see that they are not having any weight loss,he has been receiving numerous complaints,and a friend of his told him that he could even be facing criminal prosecution. -Which of the following offenses,if any,did Dr.Eli commit by mailing correspondence to patients encouraging purchase of the band?


A) Defalcation
B) False pretenses
C) Mail fraud
D) Fraudulent use of transit
E) He is not guilty of any offense

F) C) and D)
G) A) and B)

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Which of the following is an example of the imposition of strict liability?


A) A robber pulls a gun to rob a bank teller.
B) A burglar breaks into a home to steal jewelry.
C) A business sells cigarettes to a minor.
D) An adult shoplifts in a department store.
E) A minor shoplifts in a department store.

F) B) and D)
G) B) and C)

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A hacker who intends to exploit a target computer or network to create a serious impact is called a .


A) Embezzler
B) Cyber terrorist
C) Scammer
D) Slammer
E) Crammer

F) A) and B)
G) C) and D)

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Under what theory,if any,could the President of Wild Music be held liable for Delilah's actions?


A) Absolute liability
B) Mens Rea
C) Responsible corporate officer doctrine,if he could have prevented the crime
D) Strict liability
E) None

F) C) and D)
G) A) and D)

Correct Answer

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