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Which of the following is generally a legitimate defense to a charge of a crime?


A) Mistake of law
B) Vicarious liability
C) Mistake of fact
D) Mistake of felony
E) Mistake of actus reus

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

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Which of the following is using fraudulent means to obtain information about someone's phone use?


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

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

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Discuss the four alternative ways, in addition to fines, to punish white-collar criminals discussed in the text. Discuss the pros and cons of each.

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The four alternative ways, in addition t...

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A defendant can use the _____ defense if the idea for a crime originated not with the defendant but with a police officer or other government official who suggested it to the defendant, and the defendant would not otherwise have committed the crime.


A) Entrapment
B) Necessity
C) Justifiable use of force
D) Duress
E) Inescapable action

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

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Which of the following is true regarding the Fourteenth Amendment?


A) It is part of the Bill of Rights.
B) Its safeguards only apply at the federal level.
C) It is not a part of the Bill of Rights and it extends federal guarantee of due process and most constitutional protections to all states.
D) It is a part of the Bill of Rights, its protections apply at the federal level, and its protections also apply at the state level.
E) It is a part of the Bill of Rights, and its protections apply only at the federal level.

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

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Of which of the following must a defendant be informed before questioning?


A) That the defendant must answer questions, or there will be a presumption of guilt at trial.
B) That statements made to law enforcement before arraignment may not be used against the defendant in court.
C) That the defendant has the right to consult an attorney before speaking to the police.
D) That unless the defendant can afford any attorney, the defendant will not have an attorney.
E) That the right to an attorney does not begin until after the defendant is arraigned.

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

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Which of the following is the making of an entry into the books of a bank or corporation that is designed to represent the existence of funds that do not exist?


A) False entry
B) Defalcation
C) False pretenses
D) Ponzi scheme
E) Pretexting

F) B) and C)
G) All of the above

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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 Fourth Amendment.
B) It is specifically set forth in the Fifth Amendment.
C) It is specifically set forth in the Sixth 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) D) and E)
G) A) and E)

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A judge reports that a jury was "hung". What does the judge mean?


A) That the jury wanted to hang the defendant by imposing a heavy sentence.
B) That the jury wanted to hang the prosecutor for unjustly charging the defendant.
C) That the jury could not reach a verdict.
D) That the jury had waited an excessive amount of time before reaching a verdict.
E) That the jury had waited an excessive amount of time before retiring for the evening.

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

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Carla learns that her employer, a healthcare facility, is committing fraud against the government by filing false Medicare claims. Under which of the following might she obtain a portion of any recovery obtained by the government?


A) RICO.
B) The False Claims Act.
C) The Sarbanes-Oxley Act of 2002.
D) The Medicare Recovery Act.
E) The Healthcare Fraud Act.

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

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


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

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

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

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

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A person who is considered an infant under the law cannot be tried as an adult under any circumstances.

A) True
B) False

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Which of the following occurs when companies bill consumers for optional services that the consumers did not order?


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

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

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Which of the following holds that a person may be deemed not guilty by reason of insanity, even if he or she knew that a criminal act was wrong, as long as the defendant was driven to commit the crime from some urge resulting from a mental deficiency the defendant could not resist?


A) The irresistible impulse test.
B) The involuntary act.
C) The substantial capacity test.
D) The duress defense.
E) The necessity defense.

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

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Divorce fallout." Dr. Fred, following a messy divorce, has encountered significant financial difficulties. Dr. Fred has a friend named Slick Slim who tells Dr. Fred 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. Slick Slim tells Dr. Fred that, although the device does not really work, people who want to lose weight and look good in their bathing suits will do anything. Slick says the wristband sells like hotcakes. Slick also tells Dr. Fred that he will pay Dr. Fred five dollars for every band that Dr. Fred can sell to his patients. Dr. Fred 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. Fred 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. Fred is able to 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 some criminal prosecution. -Which of the following offenses, if any, did Dr. Fred commit when he used UPS to send correspondence and samples of the bands to patients?


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

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

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Which of the following is a plea in which the defendant does not admit guilt but agrees not to contest the charges?


A) Petit defense.
B) Information.
C) Nolo contendere.
D) Sine qua non.
E) Plea avoidance.

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

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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) A minor shoplifts in a department store.
E) An adult shoplifts in a department store.

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

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Commission of the offense of grand larceny involves the theft of larger items as opposed to smaller items that can be hidden, for example, in a purse.

A) True
B) False

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Bank teller Ben receives $1,000 from a customer for deposit into the customer's bank account. Instead of placing the money into the customer's account, Ben puts it into his pocket. Which of the following offenses has he committed?


A) Forgery
B) False entries
C) False token
D) Embezzlement
E) Cramming

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

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