The Legal Environment of Business 12th Edition by by Roger E. Meiners – Test Bank

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Sample Questions Posted Below

 

Multiple Choice

1. As discussed in the chapter, which would be the best definition of crime:

a. an act that violates the right of another citizen or group of citizens

b. a positive or negative act that is an offense against a state or federal government

c. an act that “shocks the conscience of the court”

d. an offense against rules of behavior prescribed in the constitution of a state or the nation

e. none of the other choices

ANSWER: b

POINTS: 1

DIFFICULTY: Easy

NATIONAL STANDARDS: United States – BUSPROG: Communication

STATE STANDARDS: United States – Universal – DISC: AICPA: BB-Legal

TOPICS: A-Head: Crime

KEYWORDS: Bloom’s: Knowledge

2. As discussed in the chapter, which would be the best definition of crime:

a. an act that violates the right of another citizen or group of citizens

b. an act that violates secure common law rights

c. an act that “shocks the conscience of the court”

d. an offense against rules of behavior prescribed in the constitution of a state or the nation

e. none of the other choices

ANSWER: e

POINTS: 1

DIFFICULTY: Easy

NATIONAL STANDARDS: United States – BUSPROG: Communication

STATE STANDARDS: United States – Universal – DISC: AICPA: BB-Legal

TOPICS: A-Head: Crime

KEYWORDS: Bloom’s: Knowledge

3. A positive or negative act that is an offense against a state or federal government is a(n):

a. crime

b. stare decisis

c. offensive gesture

d. offensive action

e. illegal action

ANSWER: a

POINTS: 1

DIFFICULTY: Easy

NATIONAL STANDARDS: United States – BUSPROG: Communication

STATE STANDARDS: United States – Universal – DISC: AICPA: BB-Legal

TOPICS: A-Head: Crime

KEYWORDS: Bloom’s: Knowledge4. Criminal codes:

a. define the scope of offenses against the public

b. define the scope of offenses against defendants

c. define the scope of defenses against the public

d. define the scope of offenses minors can commit

e. define the scope of defenses that may be used in court

ANSWER: a

POINTS: 1

DIFFICULTY: Easy

NATIONAL STANDARDS: United States – BUSPROG: Communication

STATE STANDARDS: United States – Universal – DISC: AICPA: BB-Legal

TOPICS: A-Head: Crime

KEYWORDS: Bloom’s: Knowledge

5. Criminal codes:

a. define the scope of defenses that may be used in court

b. define the scope of offenses against defendants

c. define the scope of defenses against the public

d. define the scope of offenses minors can commit

e. none of the other choices are correct

ANSWER: e

POINTS: 1

DIFFICULTY: Easy

NATIONAL STANDARDS: United States – BUSPROG: Communication

STATE STANDARDS: United States – Universal – DISC: AICPA: BB-Legal

TOPICS: A-Head: Crime

KEYWORDS: Bloom’s: Knowledge

6. Criminal law is:

a. primarily made up of statutes passed by Congress and state legislatures

b. primarily from common law

c. primarily from British law

d. primarily made up of statutes derived from International law

e. primarily made up of laws adapted from civil law

ANSWER: a

POINTS:

1

DIFFICULTY:

NATIONAL STANDARDS:

STATE STANDARDS:

TOPICS:

KEYWORDS:

Easy

United States – BUSPROG: Communication

United States – Universal – DISC: AICPA: BB-Legal

A-Head: Crime

Bloom’s: Knowledge7. Criminal law is:

a. primarily made up of laws adapted from civil law

b. primarily from ancient Greek law

c. primarily from British law

d. primarily made up of statutes derived from International law

e. none of the other choices are correct

ANSWER: e

POINTS: 1

DIFFICULTY: Easy

NATIONAL STANDARDS: United States – BUSPROG: Communication

STATE STANDARDS: TOPICS: A-Head: Crime

United States – Universal – DISC: AICPA: BB-Legal

KEYWORDS: Bloom’s: Knowledge

8. Each state has both:

a. a criminal code and a friendly code

b. a federal criminal code and a state criminal code

c. a civil code and a free code

d. a civil code and a law code

e. a federal criminal code and a county criminal code

ANSWER: b

POINTS: 1

DIFFICULTY: Easy

NATIONAL STANDARDS: United States – BUSPROG: Communication

STATE STANDARDS: TOPICS: A-Head: Crime

United States – Universal – DISC: AICPA: BB-Legal

KEYWORDS: Bloom’s: Knowledge

9. Each state has both:

a. a criminal code and a nice code

b. a federal criminal code and a county criminal code

c. a civil code and a free code

d. a civil code and a law code

e. none of the other choices are correct

ANSWER: e

POINTS:

DIFFICULTY:

NATIONAL STANDARDS:

STATE STANDARDS:

TOPICS:

KEYWORDS:

1

Easy

United States – BUSPROG: Communication

United States – Universal – DISC: AICPA: BB-Legal

A-Head: Crime

Bloom’s: Knowledge10. Crimes and punishments are:

a. determined by statues passed by federal and state legislatures

b. determined by statues passed by federal and state courts

c. determined by statues passed by federal and state judges

d. determined by statues passed by state executives

e. determined by statues voted on by federal executives

ANSWER: a

POINTS: 1

DIFFICULTY: Easy

NATIONAL STANDARDS: United States – BUSPROG: Communication

STATE STANDARDS: United States – Universal – DISC: AICPA: BB-Legal

TOPICS: A-Head: Crime

KEYWORDS: Bloom’s: Knowledge

11. Crimes and punishments are:

a. determined by statues voted on by federal executives

b. determined by statues passed by federal and state courts

c. determined by statues passed by federal and state judges

d. determined by statues passed by state executives

e. none of the other choices are correct

ANSWER: e

POINTS: 1

DIFFICULTY: Easy

NATIONAL STANDARDS: United States – BUSPROG: Communication

STATE STANDARDS: United States – Universal – DISC: AICPA: BB-Legal

TOPICS: A-Head: Crime

KEYWORDS: Bloom’s: Knowledge

12. The determination of what are crimes and the kinds of punishments is limited by:

a. federal norms

b. state norms

c. international protocols

d. federal and state constitutions

e. federal and state officials

ANSWER: d

POINTS:

1

DIFFICULTY:

NATIONAL STANDARDS:

STATE STANDARDS:

TOPICS:

KEYWORDS:

Easy

United States – BUSPROG: Communication

United States – Universal – DISC: AICPA: BB-Legal

A-Head: Crime

Bloom’s: Knowledge13. The determination of what are crimes and the kinds of punishments are is limited by:

a. federal norms

b. state norms

c. international protocols

d. federal and state administrative rules

e. none of the choices are correct

ANSWER: e

POINTS: 1

DIFFICULTY: Easy

NATIONAL STANDARDS: United States – BUSPROG: Communication

STATE STANDARDS: United States – Universal – DISC: AICPA: BB-Legal

TOPICS: A-Head: Crime

KEYWORDS: Bloom’s: Knowledge

14. Federal and state constitutions:

a. set limits on crimes and punishments

b. limit the determination of what civil laws are

c. increase federal power at the expense of personal freedom

d. set limits on how many charges may be brought against a business

e. none of the other choices are correct

ANSWER: a

POINTS: 1

DIFFICULTY: Moderate

NATIONAL STANDARDS: United States – BUSPROG: Analytic

STATE STANDARDS: United States – Universal – DISC: AICPA: BB-Legal

TOPICS: A-Head: Crime

KEYWORDS: Bloom’s: Analysis

15. Federal and state constitutions:

a. limit the number of years chief magistrates can serve

b. limit the determination of what civil laws are

c. increase federal power at the expense of personal freedom

d. set limits on how many charges may be brought against a business

e. none of the other choices are correct

ANSWER: e

POINTS:

DIFFICULTY:

NATIONAL STANDARDS:

STATE STANDARDS:

TOPICS:

KEYWORDS:

1

Moderate

United States – BUSPROG: Analytic

United States – Universal – DISC: AICPA: BB-Legal

A-Head: Crime

Bloom’s: Analysiscan bring criminal charges.

16. In the United States, only a. public institutions

b. private citizens

c. the government

d. the Supreme Court

e. private investigators

ANSWER: c

POINTS: 1

DIFFICULTY: Easy

NATIONAL STANDARDS: United States – BUSPROG: Communication

STATE STANDARDS: United States – Universal – DISC: AICPA: BB-Legal

TOPICS: A-Head: Crime

KEYWORDS: Bloom’s: Knowledge

17. In the United States, only a. public institutions

b. private citizens

c. private investigators

d. the Supreme Court

e. none of the other choices are correct

can bring criminal charges.

ANSWER: e

POINTS: 1

DIFFICULTY: Easy

NATIONAL STANDARDS: United States – BUSPROG: Communication

STATE STANDARDS: United States – Universal – DISC: AICPA: BB-Legal

TOPICS: A-Head: Crime

KEYWORDS: Bloom’s: Knowledge

18. Unlike in the United States, in Britain:

a. private individuals cannot bring criminal charges against others

b. private individuals can bring criminal charges against others

c. no one can bring criminal charges against others

d. minors cannot be tried in court

e. none of the other choices are correct

ANSWER: b

POINTS:

1

DIFFICULTY:

NATIONAL STANDARDS:

STATE STANDARDS:

TOPICS:

KEYWORDS:

Easy

United States – BUSPROG: Communication

United States – Universal – DISC: AICPA: BB-Legal

A-Head: Crime

Bloom’s: Knowledge19. Unlike in the United States, in Britain:

a. private individuals cannot bring criminal charges against others

b. private corporations can bring civil charges against others

c. no one can bring criminal charges against others

d. minors cannot be tried in court

e. none of the other choices are correct

ANSWER: e

POINTS: 1

DIFFICULTY: Easy

NATIONAL STANDARDS: United States – BUSPROG: Communication

STATE STANDARDS: United States – Universal – DISC: AICPA: BB-Legal

TOPICS: A-Head: Crime

KEYWORDS: Bloom’s: Knowledge

20. Which of the following can be a consequence of committing a crime:

a. being removed from public office

b. being disqualified from holding office

c. being disqualified from owning a firearm

d. being disqualified from voting in public elections

e. all of the other choices are correct

ANSWER: e

POINTS: 1

DIFFICULTY: Moderate

NATIONAL STANDARDS: United States – BUSPROG: Analytic

STATE STANDARDS: United States – Universal – DISC: AICPA: BB-Legal

TOPICS: A-Head: Crime

KEYWORDS: Bloom’s: Analysis

21. A felony is generally defined as a crime that:

a. may be punished by more than a year in prison

b. may be punished by the possibility of time in prison, not just a

fine c. violates a federal statute punishable by up to life in prison

d. is classified as a class A offense of a state or federal statute

e. none of the other choices

ANSWER: a

POINTS:

1

DIFFICULTY:

NATIONAL STANDARDS:

STATE STANDARDS:

TOPICS:

KEYWORDS:

Easy

United States – BUSPROG: Communication

United States – Universal – DISC: AICPA: BB-Legal

A-Head: Crime Categories

Bloom’s: Knowledge22. A felony is generally defined as a crime that:

a. violates the “integrity of the law”

b. may be punished by the possibility of time in prison, not just a

fine c. violates a federal statute punishable by up to life in prison

d. is classified as a class A offense of a state or federal statute

e. none of the other choices are very good

ANSWER: e

POINTS: 1

DIFFICULTY: Easy

NATIONAL STANDARDS: United States – BUSPROG: Communication

STATE STANDARDS: United States – Universal – DISC: AICPA: BB-Legal

TOPICS: A-Head: Crime Categories

KEYWORDS: Bloom’s: Knowledge

23. A serious crime is a:

a. felony

b. misdemeanor

c. stare decisis

d. tort

e. bankruptcy

ANSWER: a

POINTS: 1

DIFFICULTY: Easy

NATIONAL STANDARDS: United States – BUSPROG: Communication

STATE STANDARDS: United States – Universal – DISC: AICPA: BB-Legal

TOPICS: A-Head: Crime Categories

KEYWORDS: Bloom’s: Knowledge

24. A serious crime is a:

a. bankruptcy

b. misdemeanor

c. stare decisis

d. tort

e. none of the other choices are correct

ANSWER: e

POINTS:

DIFFICULTY:

NATIONAL STANDARDS:

STATE STANDARDS:

TOPICS:

KEYWORDS:

1

Easy

United States – BUSPROG: Communication

United States – Universal – DISC: AICPA: BB-Legal

A-Head: Crime Categories

Bloom’s: Knowledge25. A misdemeanor is generally:

a. is not a crime

b. can only involve the violation of a state, not federal, statute

c. is an offense against the state that is not punishable by time in prison

d. is an offense that does not involve bodily harm to another person

e. is a crime punishable by less than a year in prison

ANSWER: e

POINTS: 1

DIFFICULTY: Easy

NATIONAL STANDARDS: United States – BUSPROG: Communication

STATE STANDARDS: United States – Universal – DISC: AICPA: BB-Legal

TOPICS: A-Head: Crime Categories

KEYWORDS: Bloom’s: Knowledge

26. A misdemeanor is generally:

a. is not a crime

b. can only involve the violation of a state, not federal, statute

c. is an offense against the state that is not punishable by time in prison

d. is an offense that does not involve bodily harm to another person

e. none of the other choices are accurate

ANSWER: e

POINTS: 1

DIFFICULTY: Easy

NATIONAL STANDARDS: United States – BUSPROG: Communication

STATE STANDARDS: United States – Universal – DISC: AICPA: BB-Legal

TOPICS: A-Head: Crime Categories

KEYWORDS: Bloom’s: Knowledge

27. A crime that is punishable by less than a year in prison is a(n):

a. misdemeanor

b. felony

c. assault

d. tort

e. none of the other specific choices are correct

ANSWER: a

POINTS:

1

DIFFICULTY:

NATIONAL STANDARDS:

STATE STANDARDS:

TOPICS:

KEYWORDS:

Easy

United States – BUSPROG: Communication

United States – Universal – DISC: AICPA: BB-Legal

A-Head: Crime Categories

Bloom’s: Knowledge28. Another term for misdemeanor is:

a. small crime

b. civil crime

c. penal crime

d. petty offense

e. petty crime

ANSWER: d

POINTS: 1

DIFFICULTY: Easy

NATIONAL STANDARDS: United States – BUSPROG: Communication

STATE STANDARDS: United States – Universal – DISC: AICPA: BB-Legal

TOPICS: A-Head: Crime Categories

KEYWORDS: Bloom’s: Knowledge

29. Another term for misdemeanor is:

a. small crime

b. civil crime

c. penal crime

d. petty misdemeanor

e. none of the other specific choices are correct

ANSWER: e

POINTS: 1

DIFFICULTY: Easy

NATIONAL STANDARDS: United States – BUSPROG: Communication

STATE STANDARDS: United States – Universal – DISC: AICPA: BB-Legal

TOPICS: A-Head: Crime Categories

KEYWORDS: Bloom’s: Knowledge

30. Which of the following would not be likely to be considered to be a violent crime:

a. assault

b. robbery

c. murder

d. burglary

e. all of the other choices are classified as violent felonies

ANSWER: d

POINTS:

DIFFICULTY:

NATIONAL STANDARDS:

STATE STANDARDS:

TOPICS:

KEYWORDS:

1

Moderate

United States – BUSPROG: Analytic

United States – Universal – DISC: AICPA: BB-Legal

A-Head: Crime Categories

Bloom’s: Analysis31. Which of the following would not be likely to be considered to be a violent crime:

a. assault

b. robbery

c. murder

d. rape

e. all of the other choices are classified as violent felonies

ANSWER: e

POINTS: 1

DIFFICULTY: Moderate

NATIONAL STANDARDS: United States – BUSPROG: Analytic

STATE STANDARDS: United States – Universal – DISC: AICPA: BB-Legal

TOPICS: A-Head: Crime Categories

KEYWORDS: Bloom’s: Analysis

32. Misdemeanors, by definition, may:

a. result in jail time

b. result only in a fine

c. be classified as a Class C felony

d. not involve harm to persons, only to property

e. none of the other choices

ANSWER: a

POINTS: 1

DIFFICULTY: Easy

NATIONAL STANDARDS: United States – BUSPROG: Communication

STATE STANDARDS: United States – Universal – DISC: AICPA: BB-Legal

TOPICS: A-Head: Crime Categories

KEYWORDS: Bloom’s: Knowledge

33. Misdemeanors, by definition, may:

a. only be defined by federal legislation

b. result only in a fine

c. be classified as a Class C felony

d. not involve harm to persons, only to property

e. none of the other choices

ANSWER: e

POINTS:

DIFFICULTY:

NATIONAL STANDARDS:

STATE STANDARDS:

TOPICS:

KEYWORDS:

1

Easy

United States – BUSPROG: Communication

United States – Universal – DISC: AICPA: BB-Legal

A-Head: Crime Categories

Bloom’s: Knowledge34. In a victimless crime:

a. no other party is injured

b. only one other party is injured

c. there are no fatalities, but there can be injuries

d. there are no minors involved

e. none of the other specific choices are correct

ANSWER: a

POINTS: 1

DIFFICULTY: Easy

NATIONAL STANDARDS: United States – BUSPROG: Communication

STATE STANDARDS: United States – Universal – DISC: AICPA: BB-Legal

TOPICS: A-Head: Crime Categories

KEYWORDS: Bloom’s: Knowledge

35. In a victimless crime:

a. there are no illegal drugs involved

b. only one other party is injured

c. there are no fatalities, but there can be injuries

d. there are no minors involved

e. none of the other specific choices are correct

ANSWER: e

POINTS: 1

DIFFICULTY: Easy

NATIONAL STANDARDS: United States – BUSPROG: Communication

STATE STANDARDS: United States – Universal – DISC: AICPA: BB-Legal

TOPICS: A-Head: Crime Categories

KEYWORDS: Bloom’s: Knowledge

36. Illegal drug possession is an example of what is often called:

a. legal activity

b. a violent crime

c. a victimless crime

d. a minor misdemeanor

e. a civil code violation

ANSWER: c

POINTS:

1

DIFFICULTY:

NATIONAL STANDARDS:

STATE STANDARDS:

TOPICS:

KEYWORDS:

Easy

United States – BUSPROG: Communication

United States – Universal – DISC: AICPA: BB-Legal

A-Head: Crime Categories

Bloom’s: Knowledge37. Victimless crimes can be:

a. felonies or misdemeanors

b. only felonies

c. only misdemeanors

d. tried in special courts

e. none of the other specific choices are correct

ANSWER: a

POINTS: 1

DIFFICULTY: Easy

NATIONAL STANDARDS: United States – BUSPROG: Communication

STATE STANDARDS: United States – Universal – DISC: AICPA: BB-Legal

TOPICS: A-Head: Crime Categories

KEYWORDS: Bloom’s: Knowledge

38. Victimless crimes cannot be:

a. felonies

b. misdemeanors

c. tried in court

d. tried by the Supreme Court

e. none of the other specific choices are correct

ANSWER: e

POINTS: 1

DIFFICULTY: Easy

NATIONAL STANDARDS: United States – BUSPROG: Communication

STATE STANDARDS: United States – Universal – DISC: AICPA: BB-Legal

TOPICS: A-Head: Crime Categories

KEYWORDS: Bloom’s: Knowledge

39. The classification of felonies:

a. makes them easier to remember

b. indicates the severity of the criminal charge

c. is a remnant of the British system

d. is a remnant of the colonial system

e. is specified in the Declaration of Independence

ANSWER: b

POINTS:

1

DIFFICULTY:

NATIONAL STANDARDS:

STATE STANDARDS:

TOPICS:

KEYWORDS:

Easy

United States – BUSPROG: Communication

United States – Universal – DISC: AICPA: BB-Legal

A-Head: Crime Categories

Bloom’s: Knowledge40. First degree murder is:

a. a misdemeanor

b. less serious than second degree murder

c. more serious than second degree murder

d. spontaneous

e. punishable only by a fine

ANSWER: c

POINTS: 1

DIFFICULTY: Easy

NATIONAL STANDARDS: United States – BUSPROG: Communication

STATE STANDARDS: United States – Universal – DISC: AICPA: BB-Legal

TOPICS: A-Head: Crime Categories

KEYWORDS: Bloom’s: Knowledge

41. Second degree murder is:

a. a misdemeanor

b. less serious than first degree murder

c. more serious than first degree murder

d. spontaneous

e. punishable only by a fine

ANSWER: b

POINTS: 1

DIFFICULTY: Easy

NATIONAL STANDARDS: United States – BUSPROG: Communication

STATE STANDARDS: United States – Universal – DISC: AICPA: BB-Legal

TOPICS: A-Head: Crime Categories

KEYWORDS: Bloom’s: Knowledge

42. A violent crime is:

a. one in which physical force is used

b. one in which no physical force is used

c. one in which no other party is harmed

d. one in which no minors are involved

e. none of the other choices are correct

ANSWER: a

POINTS:

DIFFICULTY:

NATIONAL STANDARDS:

STATE STANDARDS:

TOPICS:

KEYWORDS:

1

Easy

United States – BUSPROG: Communication

United States – Universal – DISC: AICPA: BB-Legal

A-Head: Crime Categories

Bloom’s: Knowledge43. A violent crime is:

a. one in which a private citizen bring charges against the government

b. one in which no physical force is used

c. one in which no other party is harmed

d. one in which no minors are involved

e. none of the other choices are correct

ANSWER: e

POINTS: 1

DIFFICULTY: Easy

NATIONAL STANDARDS: United States – BUSPROG: Communication

STATE STANDARDS: United States – Universal – DISC: AICPA: BB-Legal

TOPICS: A-Head: Crime Categories

KEYWORDS: Bloom’s: Knowledge

44. The violation of an ordinance:

a. must be defined by Congress

b. generally means there may be a fine and up to one year in prison

c. generally means there may be a fine, but no prison time

d. generally means a citation, but no fine or prison time

e. none of the other choices

ANSWER: c

POINTS: 1

DIFFICULTY: Easy

NATIONAL STANDARDS: United States – BUSPROG: Communication

STATE STANDARDS: United States – Universal – DISC: AICPA: BB-Legal

TOPICS: A-Head: Crime Categories

KEYWORDS: Bloom’s: Knowledge

45. The violation of an ordinance:

a. must be defined by Congress

b. generally means there may be a fine and up to one year in prison

c. can be established by the police without need for a court decision

d. generally means a citation, but no fine or prison time

e. none of the other choices

ANSWER:

e

POINTS:

DIFFICULTY:

1

Easy

NATIONAL STANDARDS:

United States – BUSPROG: Communication

STATE STANDARDS:

United States – Universal – DISC: AICPA: BB-Legal

TOPICS:

A-Head: Crime Categories

KEYWORDS:

Bloom’s: Knowledge46. Rules governing such matters as building regulations and zoning are called:

a. federal administrative rules

b. federal statutes

c. misdemeanors

d. local ordinances

e. none of the other choices

ANSWER: d

POINTS: 1

DIFFICULTY: Easy

NATIONAL STANDARDS: United States – BUSPROG: Communication

STATE STANDARDS: United States – Universal – DISC: AICPA: BB-Legal

TOPICS: A-Head: Crime Categories

KEYWORDS: Bloom’s: Knowledge

47. Criminal offenses are defined by:

a. governors or the president

b. legislatures

c. courts of appeal or supreme courts

d. magistrates

e. all of the other choices may make such decisions

ANSWER: b

POINTS: 1

DIFFICULTY: Easy

NATIONAL STANDARDS: United States – BUSPROG: Communication

STATE STANDARDS: United States – Universal – DISC: AICPA: BB-Legal

TOPICS: A-Head: Crime and Elements of Crime

KEYWORDS: Bloom’s: Knowledge

48. Criminal offenses are defined by:

a. governors or the president

b. police departments

c. courts of appeal or supreme courts

d. magistrates

e. none of the other choices are very good

ANSWER:

e

POINTS:

DIFFICULTY:

1

Easy

NATIONAL STANDARDS:

United States – BUSPROG: Communication

STATE STANDARDS:

United States – Universal – DISC: AICPA: BB-Legal

TOPICS:

A-Head: Crime and Elements of Crime

KEYWORDS:

Bloom’s: Knowledge49. Which of the following is an example of a white-collar crime:

a. embezzlement

b. bribery

c. fraud

d. violation of securities law

e. all of the other specific choices are correct

ANSWER: e

POINTS: 1

DIFFICULTY: Easy

NATIONAL STANDARDS: United States – BUSPROG: Communication

STATE STANDARDS: United States – Universal – DISC: AICPA: BB-Legal

TOPICS: A-Head: Crime and Elements of Crime

KEYWORDS: Bloom’s: Knowledge

50. After receiving reports from the police or other investigators prosecutors:

a. decide whether or not to bring charges

b. decide who is guilty

c. decide how much the guilty party should be fined

d. decide who will represent the plaintiff

e. none of the other choices are correct

ANSWER: a

POINTS: 1

DIFFICULTY: Moderate

NATIONAL STANDARDS: United States – BUSPROG: Analytic

STATE STANDARDS: United States – Universal – DISC: AICPA: BB-Legal

TOPICS: A-Head: Crime and Elements of Crime

KEYWORDS: Bloom’s: Analysis

51. It is difficult to keep politics out of decisions about which crimes to prosecute because:

a. many state and local prosecutors are political positions

b. many state prosecutors have been shown to take bribes

c. many police fail to report crimes

d. judges are worried about getting reelected

e. none of the other choices are correct

ANSWER: a

POINTS:

DIFFICULTY:

NATIONAL STANDARDS:

STATE STANDARDS:

TOPICS:

KEYWORDS:

1

Moderate

United States – BUSPROG: Analytic

United States – Universal – DISC: AICPA: BB-Legal

A-Head: Crime and Elements of Crime

Bloom’s: Analysis52. For a criminal conviction, it must be shown that the accused was found to have:

a. actus rea

b. res ipsa loquitor

c. mens rea

d. intentional negligence

e. demurrer

ANSWER: c

POINTS: 1

DIFFICULTY: Moderate

NATIONAL STANDARDS: United States – BUSPROG: Analytic

STATE STANDARDS: United States – Universal – DISC: AICPA: BB-Legal

TOPICS: A-Head: Crime and Elements of Crime

KEYWORDS: Bloom’s: Analysis

53. For a criminal conviction, it must be shown that the accused was found to have:

a. actus rea

b. res ipsa loquitor

c. demurrer

d. intentional negligence

e. none of the other choices

ANSWER: e

POINTS: 1

DIFFICULTY: Easy

NATIONAL STANDARDS: United States – BUSPROG: Communication

STATE STANDARDS: TOPICS: United States – Universal – DISC: AICPA: BB-Legal

A-Head: Crime and Elements of Crime

KEYWORDS: Bloom’s: Knowledge

54. When one commits a criminal act, that wrongful deed is:

a. mens rea

b. intentional negligence

c. res ipsa loquitor

d. actus reus

e. none of the other choices

ANSWER: d

POINTS:

DIFFICULTY:

NATIONAL STANDARDS:

STATE STANDARDS:

TOPICS:

KEYWORDS:

1

Easy

United States – BUSPROG: Communication

United States – Universal – DISC: AICPA: BB-Legal

A-Head: Crime and Elements of Crime

Bloom’s: Knowledge55. When one commits a criminal act, that wrongful deed is:

a. mens rea

b. intentional negligence

c. res ipsa loquitor

d. demurrer

e. none of the other choices

ANSWER: e

POINTS: 1

DIFFICULTY: Easy

NATIONAL STANDARDS: United States – BUSPROG: Communication

STATE STANDARDS: TOPICS: United States – Universal – DISC: AICPA: BB-Legal

A-Head: Crime and Elements of Crime

KEYWORDS: Bloom’s: Knowledge

56. An actus reus is:

a. a wrongful deed

b. a nice deed

c. an active deed

d. a civil crime

e. a civil violation

ANSWER: a

POINTS: 1

DIFFICULTY: Easy

NATIONAL STANDARDS: United States – BUSPROG: Communication

STATE STANDARDS: TOPICS: United States – Universal – DISC: AICPA: BB-Legal

A-Head: Crime and Elements of Crime

KEYWORDS: Bloom’s: Knowledge

57. An actus reus is:

a. a civil violation

b. a nice deed

c. an active deed

d. a civil crime

e. none of the other choices are correct

ANSWER: e

POINTS:

DIFFICULTY:

NATIONAL STANDARDS:

STATE STANDARDS:

TOPICS:

KEYWORDS:

1

Easy

United States – BUSPROG: Communication

United States – Universal – DISC: AICPA: BB-Legal

A-Head: Crime and Elements of Crime

Bloom’s: Knowledge58. Mens rea is:

a. criminal intent

b. criminal guilt

c. final judgment

d. thoughtful crime

e. none of the other choices are correct

ANSWER: a

POINTS: 1

DIFFICULTY: Easy

NATIONAL STANDARDS: United States – BUSPROG: Communication

STATE STANDARDS: United States – Universal – DISC: AICPA: BB-Legal

TOPICS: A-Head: Crime and Elements of Crime

KEYWORDS: Bloom’s: Knowledge

59. Mens rea is:

a. criminal reason

b. criminal guilt

c. final judgment

d. thoughtful crime

e. none of the other choices are correct

ANSWER: e

POINTS: 1

DIFFICULTY: Easy

NATIONAL STANDARDS: United States – BUSPROG: Communication

STATE STANDARDS: United States – Universal – DISC: AICPA: BB-Legal

TOPICS: A-Head: Crime and Elements of Crime

KEYWORDS: Bloom’s: Knowledge

60. If the government can prove beyond a reasonable doubt that 1) the accused committed the illegal act, and 2) that

there was necessary intent or state of mind to commit the act then:

a. the accused will be convicted of the crime

b. the accused might be convicted of the crime

c. the plaintiff will lose the case

d. the case may go to trial

e. the accused will not get a lawyer

ANSWER: a

POINTS: 1

DIFFICULTY: Moderate

NATIONAL STANDARDS: United States – BUSPROG: Analytic

STATE STANDARDS: United States – Universal – DISC: AICPA: BB-Legal

TOPICS: A-Head: Crime and Elements of Crime

KEYWORDS: Bloom’s: Analysis61. Criminal acts:

a. need not be planned

b. must be premeditated

c. must be tried within a month of being committed

d. must be tried by at least 5 judges

e. need not be illegal

ANSWER: a

POINTS: 1

DIFFICULTY: Moderate

NATIONAL STANDARDS: United States – BUSPROG: Analytic

STATE STANDARDS: United States – Universal – DISC: AICPA: BB-Legal

TOPICS: A-Head: Crime and Elements of Crime

KEYWORDS: Bloom’s: Analysis

62. What is defined as a degree of careless amounting to a culpable disregard of rights and safety of others:

a. felony

b. criminal negligence

c. misdemeanor

d. ordinance violation

e. none of the other choices

ANSWER: b

POINTS: 1

DIFFICULTY: Moderate

NATIONAL STANDARDS: United States – BUSPROG: Analytic

STATE STANDARDS: United States – Universal – DISC: AICPA: BB-Legal

TOPICS: A-Head: Crime and Elements of Crime

KEYWORDS: Bloom’s: Analysis

63. What is defined as a degree of careless amounting to a culpable disregard of rights and safety of others:

a. felony

b. Class B acts

c. misdemeanor

d. ordinance violation

e. none of the other choices

ANSWER:

POINTS:

DIFFICULTY:

NATIONAL STANDARDS:

STATE STANDARDS:

TOPICS:

KEYWORDS:

e

1

Moderate

United States – BUSPROG: Analytic

United States – Universal – DISC: AICPA: BB-Legal

A-Head: Crime and Elements of Crime

Bloom’s: Analysis64. Which of the following is correct:

a. criminal acts must be planned

b. criminal conduct must be intentional

c. criminal conduct may arise from carelessness

d. criminal conduct must involve actus rea

e. none of the other choices

ANSWER: c

POINTS: 1

DIFFICULTY: Moderate

NATIONAL STANDARDS: United States – BUSPROG: Analytic

STATE STANDARDS: United States – Universal – DISC: AICPA: BB-Legal

TOPICS: A-Head: Crime and Elements of Crime

KEYWORDS: Bloom’s: Analysis

65. Which of the following is correct:

a. criminal acts must be planned

b. criminal conduct must be intentional

c. criminal conduct cannot involve drunkenness

d. criminal conduct must involve actus rea

e. none of the other choices

ANSWER: e

POINTS: 1

DIFFICULTY: Moderate

NATIONAL STANDARDS: United States – BUSPROG: Analytic

STATE STANDARDS: United States – Universal – DISC: AICPA: BB-Legal

TOPICS: A-Head: Crime and Elements of Crime

KEYWORDS: Bloom’s: Analysis

66. If someone is very drunk and then, only because of their drunkenness, causes a fatal accident:

a. there can be no crime because there was no willful consent

b. there can be no crime because there was no mens rea

c. there can be no crime because there was no culpable disregard for the rights of others

d. there can be a crime because there was criminal negligence

e. none of the other choices

ANSWER:

POINTS:

DIFFICULTY:

NATIONAL STANDARDS:

STATE STANDARDS:

TOPICS:

KEYWORDS:

d

1

Moderate

United States – BUSPROG: Analytic

United States – Universal – DISC: AICPA: BB-Legal

A-Head: Crime and Elements of Crime

Bloom’s: Analysis67. In Commonwealth v. Angelo Todesca Corp. where Angelo Todesco Corporation was charged with motor vehicle

homicide after an employee accidentally killed a police officer with a dump truck, the Massachusetts supreme court

held that:

a. a corporation should be charge, rather than its agents

b. a corporation cannot act through its agents

c. a corporation can only act though its agents

d. a corporation cannot be held liable for the actions of its agents

e. none of the other choices are correct

ANSWER: c

POINTS: 1

DIFFICULTY: Moderate

NATIONAL STANDARDS: United States – BUSPROG: Analytic

STATE STANDARDS: United States – Universal – DISC: AICPA: BB-Legal

TOPICS: A-Head: Crime and Elements of Crime

KEYWORDS: Bloom’s: Analysis

68. In Commonwealth v. Angelo Todesca Corp. where Angelo Todesco Corporation was charged with motor vehicle

homicide after an employee accidentally killed a police officer with a dump truck, the Massachusetts supreme court

held that:

a. a corporation may be criminally liable for violation of a traffic statute

b. a corporation may not be criminally liable for violation of a traffic statute

c. an individual may not be criminally liable for violation of a traffic statute

d. an individual may not be civilly liable for a violation of a traffic statute

e. none of the other choices are correct

ANSWER: a

POINTS: 1

DIFFICULTY: Moderate

NATIONAL STANDARDS: United States – BUSPROG: Analytic

STATE STANDARDS: United States – Universal – DISC: AICPA: BB-Legal

TOPICS: A-Head: Crime and Elements of Crime

KEYWORDS: Bloom’s: Analysis69. The 1966 Supreme Court opinion relating to the Miranda rights holds that:

a. persons accused of a crime must be informed of their right to remain silent

b. persons accused of a crime must be informed of their right to be represented by counsel

c. persons accused of a crime must be informed that statements they make can be used as evidence against

them

d. all of the other specific choices are correct

e. none of the other specific choices are correct

ANSWER: d

POINTS: 1

DIFFICULTY: Moderate

NATIONAL STANDARDS: United States – BUSPROG: Analytic

STATE STANDARDS: United States – Universal – DISC: AICPA: BB-Legal

TOPICS: A-Head: Crime and Elements of Crime

KEYWORDS: Bloom’s: Analysis

70. The 1966 Supreme Court opinion relating to the Miranda rights holds that:

a. persons accused of a crime must be informed that they must answer all questions

b. persons accused of a crime must be informed that they have no right to be represented

c. persons accused of a crime must be informed that statements they make can be used as evidence against

them

d. all of the other specific choices are correct

e. none of the other specific choices are correct

ANSWER: c

POINTS: 1

DIFFICULTY: Moderate

NATIONAL STANDARDS: United States – BUSPROG: Analytic

STATE STANDARDS: United States – Universal – DISC: AICPA: BB-Legal

TOPICS: A-Head: Crime and Elements of Crime

KEYWORDS: Bloom’s: Analysis

71. The 1966 Supreme Court opinion relating to the Miranda rights holds that:

a. persons accused of a crime must be informed that they must answer all questions

b. persons accused of a crime must be informed that they have no right to be represented

c. persons accused of a crime must be informed of their right to be represented by counsel

d. all of the other specific choices are correct

e. none of the other specific choices are correct

ANSWER: c

POINTS: 1

DIFFICULTY: Moderate

NATIONAL STANDARDS: United States – BUSPROG: Analytic

STATE STANDARDS: United States – Universal – DISC: AICPA: BB-Legal

TOPICS: A-Head: Crime and Elements of Crime

KEYWORDS: Bloom’s: Analysis72. Miranda rights for those arrested and accused of or suspected of a crime do not include:

a. the right to be represented by counsel

b. the right to be released

c. being informed that statements made may be used against the accused

d. the right to remain silent

e. all of the other choices are included in the Miranda rights

ANSWER: b

POINTS: 1

DIFFICULTY: Moderate

NATIONAL STANDARDS: United States – BUSPROG: Analytic

STATE STANDARDS: United States – Universal – DISC: AICPA: BB-Legal

TOPICS: A-Head: Crime and Elements of Crime

KEYWORDS: Bloom’s: Analysis

73. If the government does not prosecute a criminal suspect the right to do so may be eliminated by:

a. the loss of evidence

b. res ipsa loquitor

c. loss of probable cause

d. statute of limitations

e. none of the other choices

ANSWER: d

POINTS: 1

DIFFICULTY: Easy

NATIONAL STANDARDS: United States – BUSPROG: Communication

STATE STANDARDS: United States – Universal – DISC: AICPA: BB-Legal

TOPICS: A-Head: Defenses

KEYWORDS: Bloom’s: Knowledge

74. If a crime is not prosecuted within the time set by the a. statute of limitations

b. statute of limited time

c. statute of dissipation

d. statute of prosecution

e. none of the other specific choices is correct

, then the state loses the right to bring suit:

ANSWER: a

POINTS:

DIFFICULTY:

NATIONAL STANDARDS:

STATE STANDARDS:

TOPICS:

KEYWORDS:

1

Easy

United States – BUSPROG: Communication

United States – Universal – DISC: AICPA: BB-Legal

A-Head: Defenses

Bloom’s: Knowledge75. If a crime is not prosecuted within the time set by the a. statute of probable cause

b. statute of limited time

c. statute of dissipation

d. statute of prosecution

e. none of the other specific choices is correct

, then the state loses the right to bring suit:

ANSWER: e

POINTS: 1

DIFFICULTY: Easy

NATIONAL STANDARDS: United States – BUSPROG: Communication

STATE STANDARDS: United States – Universal – DISC: AICPA: BB-Legal

TOPICS: A-Head: Defenses

KEYWORDS: Bloom’s: Knowledge

76. The statute of limitations:

a. varies with time

b. varies by crime

c. varies by county

d. varies by state

e. varies by district

ANSWER: b

POINTS: 1

DIFFICULTY: Easy

NATIONAL STANDARDS: United States – BUSPROG: Communication

STATE STANDARDS: United States – Universal – DISC: AICPA: BB-Legal

TOPICS: A-Head: Defenses

KEYWORDS: Bloom’s: Knowledge

77. The statute of limitations:

a. varies with time

b. varies by district

c. varies by county

d. varies by state

e. none of the other specific choices are correct

ANSWER: e

POINTS:

1

DIFFICULTY:

NATIONAL STANDARDS:

STATE STANDARDS:

TOPICS:

KEYWORDS:

Easy

United States – BUSPROG: Communication

United States – Universal – DISC: AICPA: BB-Legal

A-Head: Defenses

Bloom’s: Knowledge78. The statute of limitations for unsolved murders:

a. may never end

b. ends after 5 years by federal law

c. ends after 10 years by federal law

d. ends after 15 years by federal law

e. none of the other choices are correct

ANSWER: a

POINTS: 1

DIFFICULTY: Easy

NATIONAL STANDARDS: United States – BUSPROG: Communication

STATE STANDARDS: United States – Universal – DISC: AICPA: BB-Legal

TOPICS: A-Head: Defenses

KEYWORDS: Bloom’s: Knowledge

79. If the statute of limitations expires on the ability of the state to prosecute for a crime, it is said that the statute has:

a. dissipated

b. tolled

c. departed

d. negated

e. none of the other choices

ANSWER: b

POINTS: 1

DIFFICULTY: Easy

NATIONAL STANDARDS: United States – BUSPROG: Communication

STATE STANDARDS: United States – Universal – DISC: AICPA: BB-Legal

TOPICS: A-Head: Defenses

KEYWORDS: Bloom’s: Knowledge

80. Defenses of insanity and intoxication in criminal cases:

a. are rarely successful

b. apply to about twenty percent of cases

c. are not allowed in Class A felony cases

d. are not allowed in misdemeanor cases

e. none of the other choices

ANSWER: a

POINTS:

DIFFICULTY:

NATIONAL STANDARDS:

STATE STANDARDS:

TOPICS:

KEYWORDS:

1

Easy

United States – BUSPROG: Communication

United States – Universal – DISC: AICPA: BB-Legal

A-Head: Defenses

Bloom’s: Knowledge81. If David flees the country to avoid being prosecuted for a crime:

a. the clock on the statute of limitations keeps running

b. the clock on the statute of limitations stops

c. he cannot be prosecuted

d. he loses his right to be represented by counsel

e. none of the other choices are correct

ANSWER: b

POINTS: 1

DIFFICULTY: Easy

NATIONAL STANDARDS: United States – BUSPROG: Communication

STATE STANDARDS: United States – Universal – DISC: AICPA: BB-Legal

TOPICS: A-Head: Defenses

KEYWORDS: Bloom’s: Knowledge

82. If Julia is accused of robbing a bank and she has witnesses testify that she was having her nails done at the time

the robbery took place then she is using a(n):

a. Miranda right

b. exclusionary rule

c. alibi

d. defensive defense

e. none of the other choices are correct

ANSWER: c

POINTS: 1

DIFFICULTY: Easy

NATIONAL STANDARDS: United States – BUSPROG: Communication

STATE STANDARDS: United States – Universal – DISC: AICPA: BB-Legal

TOPICS: A-Head: Defenses

KEYWORDS: Bloom’s: Knowledge

83. An alibi is an example of a(n):

a. Miranda right

b. defensive defense

c. affirmative defense

d. entrapment

e. exclusionary rule

ANSWER: c

POINTS: 1

DIFFICULTY: Easy

NATIONAL STANDARDS: United States – BUSPROG: Communication

STATE STANDARDS: United States – Universal – DISC: AICPA: BB-Legal

TOPICS: A-Head: Defenses

KEYWORDS: Bloom’s: Knowledge84. Defenses of insanity and intoxication in criminal cases:

a. apply to about ten percent of cases

b. apply to about twenty percent of cases

c. are not allowed in Class A felony cases

d. are not allowed in misdemeanor cases

e. none of the other choices

ANSWER: e

POINTS: 1

DIFFICULTY: Easy

NATIONAL STANDARDS: United States – BUSPROG: Communication

STATE STANDARDS: United States – Universal – DISC: AICPA: BB-Legal

TOPICS: A-Head: Defenses

KEYWORDS: Bloom’s: Knowledge

85. In a criminal case, if evidence is not gathered properly, such as by a search that violates Fourth Amendment rights,

then at trial that evidence is:

a. allowed to be referred to but not presented directly

b. allowed only if probable cause is first established

c. dropped under the exclusionary rule

d. irrelevant since there can be no trial if there was an improper search

e. none of the other choices

ANSWER: c

POINTS: 1

DIFFICULTY: Easy

NATIONAL STANDARDS: United States – BUSPROG: Communication

STATE STANDARDS: United States – Universal – DISC: AICPA: BB-Legal

TOPICS: A-Head: Defenses

KEYWORDS: Bloom’s: Knowledge

86. In a criminal case, if evidence is not gathered properly, such as by a search that violates Fourth Amendment rights,

then at trial that evidence is:

a. allowed to be referred to but not presented directly

b. allowed only if probable cause is first established

c. allowed if found to be “critical to justice”

d. irrelevant since there can be no trial if there was an improper search

e. none of the other choices

ANSWER: e

POINTS: 1

DIFFICULTY: Easy

NATIONAL STANDARDS: United States – BUSPROG: Communication

STATE STANDARDS: United States – Universal – DISC: AICPA: BB-Legal

TOPICS: A-Head: Defenses

KEYWORDS: Bloom’s: Knowledge87. If the chain of custody is broken when gathering evidence for a criminal case:

a. the evidence is excluded

b. the evidence is kept under special consideration

c. the evidence is more powerful

d. the evidence is less useful to the prosecution

e. the evidence is less useful to the defendant

ANSWER: a

POINTS: 1

DIFFICULTY: Easy

NATIONAL STANDARDS: United States – BUSPROG: Communication

STATE STANDARDS: United States – Universal – DISC: AICPA: BB-Legal

TOPICS: A-Head: Defenses

KEYWORDS: Bloom’s: Knowledge

88. Unjust searches are violations of:

a. privacy interests

b. the First Amendment

c. the Second Amendment

d. property interests

e. monetary interests

ANSWER: a

POINTS: 1

DIFFICULTY: Easy

NATIONAL STANDARDS: United States – BUSPROG: Communication

STATE STANDARDS: United States – Universal – DISC: AICPA: BB-Legal

TOPICS: A-Head: Defenses

KEYWORDS: Bloom’s: Knowledge

89. Unjust searches are unlawful because they are violations of:

a. privacy interests

b. the First Amendment

c. the Second Amendment

d. property interests

e. monetary interests

ANSWER: a

POINTS: 1

DIFFICULTY: Easy

NATIONAL STANDARDS: United States – BUSPROG: Communication

STATE STANDARDS: United States – Universal – DISC: AICPA: BB-Legal

TOPICS: A-Head: Defenses

KEYWORDS: Bloom’s: Knowledge90. Under the exclusionary rule:

a. improperly gathered evidence may not be used at trial

b. properly gathered evidence is categorized by type

c. improperly gathered evidence is permitted if it is crucial to the case

d. improperly gathered evidence is permitted only under special circumstances

e. none of the other choices are correct

ANSWER: a

POINTS: 1

DIFFICULTY: Easy

NATIONAL STANDARDS: United States – BUSPROG: Communication

STATE STANDARDS: United States – Universal – DISC: AICPA: BB-Legal

TOPICS: A-Head: Defenses

KEYWORDS: Bloom’s: Knowledge

91. Under the exclusionary rule:

a. improperly gathered evidence must be gathered again with proper techniques

b. properly gathered evidence is categorized by type

c. improperly gathered evidence is permitted if it is crucial to the case

d. improperly gathered evidence is permitted only under special circumstances

e. none of the other choices are correct

ANSWER: e

POINTS: 1

DIFFICULTY: Easy

NATIONAL STANDARDS: United States – BUSPROG: Communication

STATE STANDARDS: United States – Universal – DISC: AICPA: BB-Legal

TOPICS: A-Head: Defenses

KEYWORDS: Bloom’s: Knowledge

92. For the police to use a warrant to search for evidence they think may exist that is relevant to a suspected criminal

act:

a. the chief of police must issue a warrant for the officers to use

b. a judge must issue a warrant based on probable cause

c. no warrant is needed if the police determine probable cause exists

d. the district attorney must issue the police a warrant

e. none of the other choices

ANSWER: b

POINTS: 1

DIFFICULTY: Moderate

NATIONAL STANDARDS: United States – BUSPROG: Analytic

STATE STANDARDS: United States – Universal – DISC: AICPA: BB-Legal

TOPICS: A-Head: Defenses

KEYWORDS: Bloom’s: Analysis93. Probable cause is:

a. necessary to obtain a warrant

b. not necessary to obtain a warrant

c. important for the defense

d. cause for exclusion

e. none of the other choices are correct

ANSWER: a

POINTS: 1

DIFFICULTY: Easy

NATIONAL STANDARDS: United States – BUSPROG: Communication

STATE STANDARDS: United States – Universal – DISC: AICPA: BB-Legal

TOPICS: A-Head: Defenses

KEYWORDS: Bloom’s: Knowledge

94. In U.S. v. Young, where government agents put Federal Express packages to Young under an x-ray to look at the

contents, and he was convicted partly based on that evidence, the appeals court held that:

a. the conviction was overturned because there was no warrant to x-ray the packages

b. the conviction was overturned because Federal Express violated customer privacy rights

c. the conviction was upheld because the severity of the crime outweighed the usual requirement to obtain a

warrant

d. the conviction was upheld because there was no need for a warrant

e. none of the other choices

ANSWER: d

POINTS: 1

DIFFICULTY: Moderate

NATIONAL STANDARDS: United States – BUSPROG: Analytic

STATE STANDARDS: United States – Universal – DISC: AICPA: BB-Legal

TOPICS: A-Head: Defenses

KEYWORDS: Bloom’s: Analysis95. In U.S. v. Young, where government agents put Federal Express packages to Young under an x-ray to look at the

contents, and he was convicted partly based on that evidence, the appeals court held that:

a. the conviction was overturned because there was no warrant to x-ray the packages

b. the conviction was overturned because Federal Express violated customer privacy rights

c. the conviction was upheld because the severity of the crime outweighed the usual requirement to obtain a

warrant

d. the conviction was upheld because Young admitted to wrongdoing despite the improper search

e. none of the other choices

ANSWER: e

POINTS: 1

DIFFICULTY: Moderate

NATIONAL STANDARDS: United States – BUSPROG: Analytic

STATE STANDARDS: United States – Universal – DISC: AICPA: BB-Legal

TOPICS: A-Head: Defenses

KEYWORDS: Bloom’s: Analysis

96. In U.S. v. Young, where government agents put Federal Express packages to Young under an x-ray to look at the

contents, and he was convicted partly based on that evidence, the appeals court held that:

a. there was no need for a warrant because Young assumed the risk that Federal Express might consent to a

search

b. there was a need for a warrant because Young assumed the risk that Federal Express might consent to a

search

c. there was no need for a warrant because Young did not assume the risk that Federal Express might consent

to a search

d. there was a need for a warrant because Young did not assume the risk that Federal Express might consent

to a search

e. none of the other choice are correct

ANSWER: a

POINTS: 1

DIFFICULTY: Moderate

NATIONAL STANDARDS: United States – BUSPROG: Analytic

STATE STANDARDS: United States – Universal – DISC: AICPA: BB-Legal

TOPICS: A-Head: Defenses

KEYWORDS: Bloom’s: Analysis97. You are arrested by the police, who suspect you of a crime:

a. the police decide if you will be charged with a crime

b. a government prosecutor will decide if you will be charged with a crime

c. a judge will decide if you will be charged with a crime

d. the police review board decide if you will be charged with a crime

e. none of the other choices

ANSWER: b

POINTS: 1

DIFFICULTY: Moderate

NATIONAL STANDARDS: United States – BUSPROG: Analytic

STATE STANDARDS: United States – Universal – DISC: AICPA: BB-Legal

TOPICS: A-Head: Prosecution Process

KEYWORDS: Bloom’s: Analysis

98. You are arrested by the police, who suspect you of armed robbery:

a. the police decide if you will be charged with a crime

b. the attorney general will decide if you will be charged with a crime

c. a judge will decide if you will be charged with a crime

d. the police review board decide if you will be charged with a crime

e. none of the other choices

ANSWER: e

POINTS: 1

DIFFICULTY: Moderate

NATIONAL STANDARDS: United States – BUSPROG: Analytic

STATE STANDARDS: United States – Universal – DISC: AICPA: BB-Legal

TOPICS: A-Head: Prosecution Process

KEYWORDS: Bloom’s: Analysis

99. In cases where a person is charged with a felony:

a. there must be a grand jury indictment

b. there must be a grand jury indictment only if it is a federal case

c. there must be a grand jury indictment only if it is a state case

d. there need not be a grand jury indictment, but could be one

e. none of the other choices

ANSWER: d

POINTS: 1

DIFFICULTY: Moderate

NATIONAL STANDARDS: United States – BUSPROG: Analytic

STATE STANDARDS: United States – Universal – DISC: AICPA: BB-Legal

TOPICS: A-Head: Prosecution Process

KEYWORDS: Bloom’s: Analysis100. In cases where a person is charged with a felony, if there is to be a trial:

a. there must be a grand jury indictment

b. there must be a grand jury indictment only if it is a federal case

c. there must be a grand jury indictment only if it is a state case

d. there must be a grand jury indictment if the crime carries the possibility of more than ten years in prison

e. none of the other choices

ANSWER: e

POINTS: 1

DIFFICULTY: Moderate

NATIONAL STANDARDS: United States – BUSPROG: Analytic

STATE STANDARDS: United States – Universal – DISC: AICPA: BB-Legal

TOPICS: A-Head: Prosecution Process

KEYWORDS: Bloom’s: Analysis

101. A grand jury:

a. reviews potential felony cases

b. reviews past felony cases

c. reviews potential civil cases

d. reviews past civil cases

e. none of the other choices are correct

ANSWER: a

POINTS: 1

DIFFICULTY: Easy

NATIONAL STANDARDS: United States – BUSPROG: Communication

STATE STANDARDS: United States – Universal – DISC: AICPA: BB-Legal

TOPICS: A-Head: Prosecution Process

KEYWORDS: Bloom’s: Knowledge

102. A grand jury:

a. determines probably cause

b. reviews past felony cases

c. determines guilt

d. determines how long the trial will take

e. none of the other choices are correct

ANSWER: a

POINTS: 1

DIFFICULTY: Easy

NATIONAL STANDARDS: United States – BUSPROG: Communication

STATE STANDARDS: United States – Universal – DISC: AICPA: BB-Legal

TOPICS: A-Head: Prosecution Process

KEYWORDS: Bloom’s: Knowledge103. When a person accused of a crime by the police makes an initial appearance in court and the government attorney

presents the criminal charges, it is called:

a. an indictment

b. a Miranda rights

c. an arraignment

d. a nolo contendere

e. a pleading

ANSWER: c

POINTS: 1

DIFFICULTY: Easy

NATIONAL STANDARDS: United States – BUSPROG: Communication

STATE STANDARDS: United States – Universal – DISC: AICPA: BB-Legal

TOPICS: A-Head: Prosecution Process

KEYWORDS: Bloom’s: Knowledge

104. When a person accused of a crime by the police makes an initial appearance in court and the government attorney

presents the criminal charges, the court appearance is called:

a. an indictment

b. a Miranda rights

c. a pleading

d. a nolo contendere

e. none of the other choices

ANSWER: e

POINTS: 1

DIFFICULTY: Easy

NATIONAL STANDARDS: United States – BUSPROG: Communication

STATE STANDARDS: United States – Universal – DISC: AICPA: BB-Legal

TOPICS: A-Head: Prosecution Process

KEYWORDS: Bloom’s: Knowledge

105. The initial court appearance for a person accused of a crime during which the government attorney presents the

criminal charges is called:

a. nolo contendere

b. an appearance

c. an arraignment

d. a demurrer

e. an indictment

ANSWER: c

POINTS: 1

DIFFICULTY: Easy

NATIONAL STANDARDS: United States – BUSPROG: Communication

STATE STANDARDS: United States – Universal – DISC: AICPA: BB-Legal

TOPICS: A-Head: Prosecution Process

KEYWORDS: Bloom’s: Knowledge106. The initial court appearance for a person accused of a crime during which the government attorney presents the

criminal charges is called:

a. nolo contendere

b. an appearance

c. an indictment

d. a demurrer

e. none of the other choices are correct

ANSWER: e

POINTS: 1

DIFFICULTY: Easy

NATIONAL STANDARDS: United States – BUSPROG: Communication

STATE STANDARDS: United States – Universal – DISC: AICPA: BB-Legal

TOPICS: A-Head: Prosecution Process

KEYWORDS: Bloom’s: Knowledge

107. If one appears before a judge when accused of a crime and enters a plea in response to the charges, the choice of

pleas made does not include:

a. guilty

b. nolo contendere

c. not guilty

d. demurrer

e. all of the other choices are possible pleas

ANSWER: d

POINTS: 1

DIFFICULTY: Easy

NATIONAL STANDARDS: United States – BUSPROG: Communication

STATE STANDARDS: United States – Universal – DISC: AICPA: BB-Legal

TOPICS: A-Head: Prosecution Process

KEYWORDS: Bloom’s: Knowledge

108. Nolo contendere means:

a. no contest

b. guilty

c. innocent

d. contested

e. none of the other choices are correct

ANSWER: a

POINTS: 1

DIFFICULTY: Easy

NATIONAL STANDARDS: United States – BUSPROG: Communication

STATE STANDARDS: United States – Universal – DISC: AICPA: BB-Legal

TOPICS: A-Head: Prosecution Process

KEYWORDS: Bloom’s: Knowledge109. Nolo contendere means:

a. no trial

b. guilty

c. innocent

d. contested

e. none of the other choices are correct

ANSWER: e

POINTS: 1

DIFFICULTY: Easy

NATIONAL STANDARDS: United States – BUSPROG: Communication

STATE STANDARDS: United States – Universal – DISC: AICPA: BB-Legal

TOPICS: A-Head: Prosecution Process

KEYWORDS: Bloom’s: Knowledge

110. A settlement conference is:

a. an attempt to resolve a matter without trial, but under the supervision of a judge

b. an attempt to resolve a matter without trial and without a judge

c. an attempt to pay off the defendant

d. an attempt to offer the prosecution money to make them drop the case

e. none of the other choices are correct

ANSWER: a

POINTS: 1

DIFFICULTY: Easy

NATIONAL STANDARDS: United States – BUSPROG: Communication

STATE STANDARDS: United States – Universal – DISC: AICPA: BB-Legal

TOPICS: A-Head: Prosecution Process

KEYWORDS: Bloom’s: Knowledge

111. A settlement conference is:

a. an attempt to resolve a matter with a short trial

b. an attempt to resolve a matter without trial and without a judge

c. an attempt to pay off the defendant

d. an attempt to offer the prosecution money to make them drop the case

e. none of the other choices are correct

ANSWER: e

POINTS: 1

DIFFICULTY: Easy

NATIONAL STANDARDS: United States – BUSPROG: Communication

STATE STANDARDS: United States – Universal – DISC: AICPA: BB-Legal

TOPICS: A-Head: Prosecution Process

KEYWORDS: Bloom’s: Knowledge112. If a person is charged with a crime, rather than going through trial, there is often an agreement reached by the

defendant and prosecutor that is called:

a. an arraignment

b. nolo contendere

c. demurrer

d. plea bargain

e. none of the other choices

ANSWER: d

POINTS: 1

DIFFICULTY: Easy

NATIONAL STANDARDS: United States – BUSPROG: Communication

STATE STANDARDS: United States – Universal – DISC: AICPA: BB-Legal

TOPICS: A-Head: Prosecution Process

KEYWORDS: Bloom’s: Knowledge

113. A plea bargain allows:

a. a matter to be settled under the supervision of a judge without a trial

b. a matter to be settled by a jury without a trial

c. a matter to be settled with a short trial

d. a matter to be settled by the attorneys without the supervision of a judge

e. none of the other choices are correct

ANSWER: a

POINTS: 1

DIFFICULTY: Easy

NATIONAL STANDARDS: United States – BUSPROG: Communication

STATE STANDARDS: United States – Universal – DISC: AICPA: BB-Legal

TOPICS: A-Head: Prosecution Process

KEYWORDS: Bloom’s: Knowledge

114. In contrast to civil trial discovery proceedings, criminal discovery proceedings:

a. focus on reducing surprises

b. focus on reversing verdicts

c. focus on making all parties comfortable

d. involve disclosing only a subset of information to the other side

e. involve disclosing everything to the other side

ANSWER: d

POINTS: 1

DIFFICULTY: Easy

NATIONAL STANDARDS: United States – BUSPROG: Communication

STATE STANDARDS: United States – Universal – DISC: AICPA: BB-Legal

TOPICS: A-Head: Prosecution Process

KEYWORDS: Bloom’s: Knowledge115. Under the Constitution, any exculpatory evidence:

a. must be disclosed to the defendant

b. must not be disclosed to the defendant

c. must be disclosed to the judge before the trial

d. must be formally written

e. must be recorded in front of a notary

ANSWER: a

POINTS: 1

DIFFICULTY: Easy

NATIONAL STANDARDS: United States – BUSPROG: Communication

STATE STANDARDS: United States – Universal – DISC: AICPA: BB-Legal

TOPICS: A-Head: Prosecution Process

KEYWORDS: Bloom’s: Knowledge

116. Under the Constitution, any a. false evidence

b. important evidence

c. exculpatory evidence

d. illegally collected evidence

e. none of the other choices are correct

must be disclosed to the defendant.

ANSWER: c

POINTS: 1

DIFFICULTY: Easy

NATIONAL STANDARDS: United States – BUSPROG: Communication

STATE STANDARDS: United States – Universal – DISC: AICPA: BB-Legal

TOPICS: A-Head: Prosecution Process

KEYWORDS: Bloom’s: Knowledge

117. Under the Constitution, any a. false evidence

b. important evidence

c. incriminating evidence

d. illegally collected evidence

e. none of the other choices are correct

must be disclosed to the defendant.

ANSWER: e

POINTS:

DIFFICULTY:

NATIONAL STANDARDS:

STATE STANDARDS:

TOPICS:

KEYWORDS:

1

Easy

United States – BUSPROG: Communication

United States – Universal – DISC: AICPA: BB-Legal

A-Head: Prosecution Process

Bloom’s: Knowledge118. Exculpatory evidence is evidence which:

a. might show that the defendant is guilty

b. might show that the defendant is not guilty

c. will not show that the defendant is not guilty

d. makes the prosecution look bad

e. makes the prosecution look good

ANSWER: b

POINTS: 1

DIFFICULTY: Easy

NATIONAL STANDARDS: United States – BUSPROG: Communication

STATE STANDARDS: United States – Universal – DISC: AICPA: BB-Legal

TOPICS: A-Head: Prosecution Process

KEYWORDS: Bloom’s: Knowledge

119. In a criminal case the defendant:

a. has no obligation to disclose evidence to the prosecution that shows the defendant is guilty

b. has an obligation to disclose evidence to the prosecution that shows the defendant is guilty

c. has an obligation to disclose evidence to the prosecution that shows the prosecution is guilty

d. has to present all incriminating evidence to the jury

e. none of the other choices are correct

ANSWER: a

POINTS: 1

DIFFICULTY: Easy

NATIONAL STANDARDS: United States – BUSPROG: Communication

STATE STANDARDS: United States – Universal – DISC: AICPA: BB-Legal

TOPICS: A-Head: Prosecution Process

KEYWORDS: Bloom’s: Knowledge

120. In a criminal trial, to be found guilty, the standard is guilt:

a. by a preponderance of the evidence

b. by a convincing majority of the evidence

c. beyond a reasonable doubt

d. upon the word of the court

e. none of the other choices

ANSWER:

c

POINTS:

DIFFICULTY:

1

Easy

NATIONAL STANDARDS:

United States – BUSPROG: Communication

STATE STANDARDS:

United States – Universal – DISC: AICPA: BB-Legal

TOPICS:

A-Head: Prosecution Process

KEYWORDS:

Bloom’s: Knowledge121. In a criminal trial, to be found guilty, the standard is guilt:

a. by a preponderance of the evidence

b. by a convincing majority of the evidence

c. res ipsa loquitor

d. upon the word of the court

e. none of the other choices

ANSWER: e

POINTS: 1

DIFFICULTY: Easy

NATIONAL STANDARDS: United States – BUSPROG: Communication

STATE STANDARDS: United States – Universal – DISC: AICPA: BB-Legal

TOPICS: A-Head: Prosecution Process

KEYWORDS: Bloom’s: Knowledge

122. In a criminal case, “beyond a reasonable doubt” means that:

a. the evidence is good enough to hold up in a civil trial

b. the evidence would convince an uneducated person of the defendant’s guilt

c. the evidence fully satisfies and convinces the court to a moral certainty

d. the evidence partially satisfies and convinces the court to a moral certainty

e. none of the other choices are correct

ANSWER: c

POINTS: 1

DIFFICULTY: Easy

NATIONAL STANDARDS: United States – BUSPROG: Communication

STATE STANDARDS: United States – Universal – DISC: AICPA: BB-Legal

TOPICS: A-Head: Prosecution Process

KEYWORDS: Bloom’s: Knowledge

123. A mistrial is when:

a. evidence is not properly collected and so cannot be used in court

b. evidence is presented without proper documentation

c. the jury cannot agree on a verdict

d. the judge decides on a verdict that is different than the verdict given by the jury

e. none of the other choices are correct

ANSWER:

c

POINTS:

DIFFICULTY:

1

Easy

NATIONAL STANDARDS:

United States – BUSPROG: Communication

STATE STANDARDS:

United States – Universal – DISC: AICPA: BB-Legal

TOPICS:

A-Head: Prosecution Process

KEYWORDS:

Bloom’s: Knowledge124. If the jury cannot decide on a verdict then a a. mistrial

is declared.

b. false trial

c. hung trial

d. maltrial

e. lost trial

ANSWER: a

POINTS: 1

DIFFICULTY: Easy

NATIONAL STANDARDS: United States – BUSPROG: Communication

STATE STANDARDS: United States – Universal – DISC: AICPA: BB-Legal

TOPICS: A-Head: Prosecution Process

KEYWORDS: Bloom’s: Knowledge

125. If the jury cannot decide on a verdict then a a. lost trial

is declared.

b. false trial

c. hung trial

d. maltrial

e. none of the other choices are correct

ANSWER: e

POINTS: 1

DIFFICULTY: Easy

NATIONAL STANDARDS: United States – BUSPROG: Communication

STATE STANDARDS: United States – Universal – DISC: AICPA: BB-Legal

TOPICS: A-Head: Prosecution Process

KEYWORDS: Bloom’s: Knowledge

126. A white collar crime means:

a. one in violation of Section 1981 of the U.S. Code

b. one in violation of several different portions of the U.S. Code

c. any number of crimes committed by person of respectability in their occupation

d. a business-related crime that is defined as a felony

e. none of the other choices

ANSWER:

POINTS:

DIFFICULTY:

NATIONAL STANDARDS:

STATE STANDARDS:

TOPICS:

KEYWORDS:

c

1

Easy

United States – BUSPROG: Communication

United States – Universal – DISC: AICPA: BB-Legal

A-Head: White Collar Crime

Bloom’s: Knowledge127. Which of the following would not be considered to be white collar crime:

a. bankruptcy fraud

b. embezzlement

c. burglary

d. insider trading

e. wire fraud

ANSWER: c

POINTS: 1

DIFFICULTY: Easy

NATIONAL STANDARDS: United States – BUSPROG: Communication

STATE STANDARDS: United States – Universal – DISC: AICPA: BB-Legal

TOPICS: A-Head: White Collar Crime

KEYWORDS: Bloom’s: Knowledge

128. Which of the following would not be considered to be white collar crime:

a. bankruptcy fraud

b. embezzlement

c. wire fraud

d. insider trading

e. all of the other choices would be white collar crimes

ANSWER: e

POINTS: 1

DIFFICULTY: Easy

NATIONAL STANDARDS: United States – BUSPROG: Communication

STATE STANDARDS: United States – Universal – DISC: AICPA: BB-Legal

TOPICS: A-Head: White Collar Crime

KEYWORDS: Bloom’s: Knowledge

129. The Sherman Act and Clayton Act (2004) allow prison terms to be imposed on:

a. those involved in burglaries

b. those involved in anticompetitive practices

c. those involved in blue collar crime

d. those involved in drug trafficking

e. none of the other choices are correct

ANSWER: b

POINTS:

DIFFICULTY:

NATIONAL STANDARDS:

STATE STANDARDS:

TOPICS:

KEYWORDS:

1

Moderate

United States – BUSPROG: Analytic

United States – Universal – DISC: AICPA: BB-Legal

A-Head: White Collar Crime

Bloom’s: Analysis130. In recent years antitrust prosecutions have:

a. remained at low levels

b. increased

c. decreased

d. decreased in most areas of the country, but risen in New York and California

e. none of the other choices are correct

ANSWER: b

POINTS: 1

DIFFICULTY: Moderate

NATIONAL STANDARDS: United States – BUSPROG: Analytic

STATE STANDARDS: United States – Universal – DISC: AICPA: BB-Legal

TOPICS: A-Head: White Collar Crime

KEYWORDS: Bloom’s: Analysis

131. When a person or corporation hides or lies about assets in bankruptcy proceedings it is called:

a. bribery

b. embezzlement

c. bankruptcy fraud

d. racketeering

e. financial fraud

ANSWER: c

POINTS: 1

DIFFICULTY: Easy

NATIONAL STANDARDS: United States – BUSPROG: Communication

STATE STANDARDS: United States – Universal – DISC: AICPA: BB-Legal

TOPICS: A-Head: White Collar Crime

KEYWORDS: Bloom’s: Knowledge

132. When a person or corporation hides or lies about assets in bankruptcy proceedings it is called:

a. bribery

b. embezzlement

c. financial fraud

d. racketeering

e. none of the other choices are correct

ANSWER: e

POINTS:

DIFFICULTY:

NATIONAL STANDARDS:

STATE STANDARDS:

TOPICS:

KEYWORDS:

1

Easy

United States – BUSPROG: Communication

United States – Universal – DISC: AICPA: BB-Legal

A-Head: White Collar Crime

Bloom’s: Knowledge133. Bankruptcy fraud occurs when:

a. a person or corporation hides or lies about assets in bankruptcy proceedings

b. creditors are given false information

c. illegal pressure is applied to bankruptcy petitioners

d. all of the other specific choices are correct

e. none of the other specific choices are correct

ANSWER: d

POINTS: 1

DIFFICULTY: Easy

NATIONAL STANDARDS: United States – BUSPROG: Communication

STATE STANDARDS: United States – Universal – DISC: AICPA: BB-Legal

TOPICS: A-Head: White Collar Crime

KEYWORDS: Bloom’s: Knowledge

134. The offer or taking of money, goods or other things of value to influence official actions is:

a. bribery

b. economic espionage

c. embezzlement

d. financial fraud

e. racketeering

ANSWER: a

POINTS: 1

DIFFICULTY: Easy

NATIONAL STANDARDS: United States – BUSPROG: Communication

STATE STANDARDS: United States – Universal – DISC: AICPA: BB-Legal

TOPICS: A-Head: White Collar Crime

KEYWORDS: Bloom’s: Knowledge

135. Bribery is:

a. the offer or taking of money, goods or other things of value to influence official actions

b. illegal pressure on debtors

c. economic espionage

d. legal in some states

e. all of the other choices are correct

ANSWER:

a

POINTS:

DIFFICULTY:

1

Easy

NATIONAL STANDARDS:

United States – BUSPROG: Communication

STATE STANDARDS:

United States – Universal – DISC: AICPA: BB-Legal

TOPICS:

A-Head: White Collar Crime

KEYWORDS:

Bloom’s: Knowledge136. The copying of a genuine item without authorization, especially when passed off as the original item is:

a. economic espionage

b. fraud

c. counterfeiting

d. insider trading

e. none of the other choices

ANSWER: c

POINTS: 1

DIFFICULTY: Easy

NATIONAL STANDARDS: United States – BUSPROG: Communication

STATE STANDARDS: United States – Universal – DISC: AICPA: BB-Legal

TOPICS: A-Head: White Collar Crime

KEYWORDS: Bloom’s: Knowledge

137. The copying of a genuine item without authorization, especially when passed off as the original item is:

a. economic espionage

b. fraud

c. racketeering

d. insider trading

e. none of the other choices

ANSWER: e

POINTS: 1

DIFFICULTY: Easy

NATIONAL STANDARDS: United States – BUSPROG: Communication

STATE STANDARDS: United States – Universal – DISC: AICPA: BB-Legal

TOPICS: A-Head: White Collar Crime

KEYWORDS: Bloom’s: Knowledge

138. Counterfeiting is:

a. the copying of a genuine item without authorization, especially when passed off as the original

item b. always more serious than economic espionage

c. legal with the proper permits

d. a crime only when it involves copying a product designed in the United States

e. all of the other specific choices are correct

ANSWER:

a

POINTS:

DIFFICULTY:

1

Easy

NATIONAL STANDARDS:

United States – BUSPROG: Communication

STATE STANDARDS:

United States – Universal – DISC: AICPA: BB-Legal

TOPICS:

A-Head: White Collar Crime

KEYWORDS:

Bloom’s: Knowledge139. Credit card fraud is:

a. the unauthorized use of a credit card to obtain goods, services, or cash

b. the authorized use of a credit card to obtain goods, services, or cash by a minor

c. the copying of a genuine item without authorization

d. using a false ID to obtain a credit card

e. none of the other choices are correct

ANSWER: a

POINTS: 1

DIFFICULTY: Easy

NATIONAL STANDARDS: United States – BUSPROG: Communication

STATE STANDARDS: United States – Universal – DISC: AICPA: BB-Legal

TOPICS: A-Head: White Collar Crime

KEYWORDS: Bloom’s: Knowledge

140. The unauthorized use of a credit card to obtain goods, services, or cash is:

a. credit card fraud

b. economic espionage

c. identity fraud

d. consumer fraud

e. embezzlement

ANSWER: a

POINTS: 1

DIFFICULTY: Easy

NATIONAL STANDARDS: United States – BUSPROG: Communication

STATE STANDARDS: United States – Universal – DISC: AICPA: BB-Legal

TOPICS: A-Head: White Collar Crime

KEYWORDS: Bloom’s: Knowledge

141. The unauthorized use of a credit card to obtain goods, services, or cash is:

a. embezzlement

b. economic espionage

c. identity fraud

d. consumer fraud

e. none of the other choices are correct

ANSWER:

POINTS:

DIFFICULTY:

NATIONAL STANDARDS:

STATE STANDARDS:

TOPICS:

KEYWORDS:

e

1

Easy

United States – BUSPROG: Communication

United States – Universal – DISC: AICPA: BB-Legal

A-Head: White Collar Crime

Bloom’s: Knowledge142. Computer and internet fraud involves:

a. pornography

b. unauthorized use of computers and computer files

c. tax evasion

d. consumer fraud

e. none of the other choices are correct

ANSWER: b

POINTS: 1

DIFFICULTY: Easy

NATIONAL STANDARDS: United States – BUSPROG: Communication

STATE STANDARDS: United States – Universal – DISC: AICPA: BB-Legal

TOPICS: A-Head: White Collar Crime

KEYWORDS: Bloom’s: Knowledge

143. The theft of valuable business information, such as a trade secret is:

a. embezzlement

b. economic espionage

c. internet fraud

d. insider trading

e. none of the other choices

ANSWER: b

POINTS: 1

DIFFICULTY: Easy

NATIONAL STANDARDS: United States – BUSPROG: Communication

STATE STANDARDS: United States – Universal – DISC: AICPA: BB-Legal

TOPICS: A-Head: White Collar Crime

KEYWORDS: Bloom’s: Knowledge

144. The theft of valuable business information, such as a trade secret is:

a. embezzlement

b. racketeering

c. internet fraud

d. insider trading

e. none of the other choices

ANSWER:

POINTS:

DIFFICULTY:

NATIONAL STANDARDS:

STATE STANDARDS:

TOPICS:

KEYWORDS:

e

1

Easy

United States – BUSPROG: Communication

United States – Universal – DISC: AICPA: BB-Legal

A-Head: White Collar Crime

Bloom’s: Knowledge145. Economic espionage is:

a. the theft of valuable business information

b. the theft of personal information

c. unauthorized use of company computers

d. insider trading

e. giving false information to clients

ANSWER: a

POINTS: 1

DIFFICULTY: Easy

NATIONAL STANDARDS: United States – BUSPROG: Communication

STATE STANDARDS: United States – Universal – DISC: AICPA: BB-Legal

TOPICS: A-Head: White Collar Crime

KEYWORDS: Bloom’s: Knowledge

146. Economic espionage is:

a. giving false information to clients

b. the theft of personal information

c. unauthorized use of company computers

d. insider trading

e. none of the other choices are correct

ANSWER: e

POINTS: 1

DIFFICULTY: Easy

NATIONAL STANDARDS: United States – BUSPROG: Communication

STATE STANDARDS: United States – Universal – DISC: AICPA: BB-Legal

TOPICS: A-Head: White Collar Crime

KEYWORDS: Bloom’s: Knowledge

147. When someone is in a position of trust with money and they take it for their use, it is:

a. embezzlement

b. insider trading

c. racketeering

d. economic espionage

e. none of the other choices

ANSWER:

a

POINTS:

DIFFICULTY:

1

NATIONAL STANDARDS:

STATE STANDARDS:

TOPICS:

KEYWORDS:

Easy

United States – BUSPROG: Communication

United States – Universal – DISC: AICPA: BB-Legal

A-Head: White Collar Crime

Bloom’s: Knowledge148. When someone is in a position of trust with money and they take it for their use, it is:

a. money laundering

b. insider trading

c. racketeering

d. economic espionage

e. none of the other choices

ANSWER: e

POINTS: 1

DIFFICULTY: Easy

NATIONAL STANDARDS: United States – BUSPROG: Communication

STATE STANDARDS: United States – Universal – DISC: AICPA: BB-Legal

TOPICS: A-Head: White Collar Crime

KEYWORDS: Bloom’s: Knowledge

149. Embezzlement is when:

a. someone is in a position of trust with money and they take it for their use

b. someone gives detailed manufacturing information to competitors

c. someone leaks information to the press

d. someone accepts a bribe in return for services

e. someone donates money illegally to a political campaign

ANSWER: a

POINTS: 1

DIFFICULTY: Easy

NATIONAL STANDARDS: United States – BUSPROG: Communication

STATE STANDARDS: United States – Universal – DISC: AICPA: BB-Legal

TOPICS: A-Head: White Collar Crime

KEYWORDS: Bloom’s: Knowledge

150. Embezzlement is when:

a. someone donates money illegally to a political campaign

b. someone gives detailed manufacturing information to competitors

c. someone leaks information to the press

d. someone accepts a bribe in return for services

e. none of the other choices are correct

ANSWER:

e

POINTS:

DIFFICULTY:

1

Easy

NATIONAL STANDARDS:

United States – BUSPROG: Communication

STATE STANDARDS:

United States – Universal – DISC: AICPA: BB-Legal

TOPICS:

A-Head: White Collar Crime

KEYWORDS:

Bloom’s: Knowledge151. Indiscriminate hazardous waste dumping, illegal handling of hazardous substances and international smuggling of

CFC refrigerants are all examples of:

a. environmental law violations

b. civil torts

c. civil violations

d. environmental procedure violations

e. green violations

ANSWER: a

POINTS: 1

DIFFICULTY: Easy

NATIONAL STANDARDS: United States – BUSPROG: Communication

STATE STANDARDS: United States – Universal – DISC: AICPA: BB-Legal

TOPICS: A-Head: White Collar Crime

KEYWORDS: Bloom’s: Knowledge

152. Financial fraud occurs when:

a. someone uses a false social security number to get a credit card

b. someone is refused a loan because of their race

c. someone is refused a loan because of a previous criminal conviction

d. someone commits fraud in loans, financial documents or mortgages

e. none of the other choices are correct

ANSWER: d

POINTS: 1

DIFFICULTY: Easy

NATIONAL STANDARDS: United States – BUSPROG: Communication

STATE STANDARDS: United States – Universal – DISC: AICPA: BB-Legal

TOPICS: A-Head: White Collar Crime

KEYWORDS: Bloom’s: Knowledge

153. Improperly collecting benefits intended for victims of a natural disaster, such as Hurricane Katrina, is an example

of:

a. embezzlement

b. insider trading

c. money laundering

d. personal fraud

e. government fraud

ANSWER: e

POINTS:

1

DIFFICULTY:

Easy

NATIONAL STANDARDS:

United States – BUSPROG: Communication

STATE STANDARDS:

TOPICS:

United States – Universal – DISC: AICPA: BB-Legal

A-Head: White Collar Crime

KEYWORDS:

Bloom’s: Knowledge154. Improperly collecting benefits intended for victims of a natural disaster, such as Hurricane Katrina, is an example

of:

a. embezzlement

b. insider trading

c. money laundering

d. personal fraud

e. none of the other choices are correct

ANSWER: e

POINTS: 1

DIFFICULTY: Easy

NATIONAL STANDARDS: United States – BUSPROG: Communication

STATE STANDARDS: United States – Universal – DISC: AICPA: BB-Legal

TOPICS: A-Head: White Collar Crime

KEYWORDS: Bloom’s: Knowledge

155. Healthcare fraud involves:

a. malpractice

b. under qualified doctors charging rates too high given the market value of their services

c. over-billing by hospitals, doctors, ambulance services, laboratories, and pharmacies

d. ambulance chasing attorneys

e. none of the other choices are correct

ANSWER: c

POINTS: 1

DIFFICULTY: Easy

NATIONAL STANDARDS: United States – BUSPROG: Communication

STATE STANDARDS: United States – Universal – DISC: AICPA: BB-Legal

TOPICS: A-Head: White Collar Crime

KEYWORDS: Bloom’s: Knowledge

156. When a person deals in a security when in possession of non-public information, and they have an obligation not

to reveal or use the information it is:

a. embezzlement

b. racketeering

c. money laundering

d. insider trading

e. money fraud

ANSWER: d

POINTS:

1

DIFFICULTY:

Easy

NATIONAL STANDARDS:

United States – BUSPROG: Communication

STATE STANDARDS:

TOPICS:

United States – Universal – DISC: AICPA: BB-Legal

A-Head: White Collar Crime

KEYWORDS:

Bloom’s: Knowledge157. When a person deals in a security when in possession of non-public information, and they have an obligation not

to reveal or use the information it is:

a. embezzlement

b. racketeering

c. money laundering

d. money fraud

e. none of the other choices

ANSWER: e

POINTS: 1

DIFFICULTY: Easy

NATIONAL STANDARDS: United States – BUSPROG: Communication

STATE STANDARDS: United States – Universal – DISC: AICPA: BB-Legal

TOPICS: A-Head: White Collar Crime

KEYWORDS: Bloom’s: Knowledge

158. When a insurance policy holder lies about the condition of their property to get lower rates it is an example of:

a. insurance fraud

b. banking fraud

c. embezzlement

d. money fraud

e. money laundering

ANSWER: a

POINTS: 1

DIFFICULTY: Easy

NATIONAL STANDARDS: United States – BUSPROG: Communication

STATE STANDARDS: United States – Universal – DISC: AICPA: BB-Legal

TOPICS: A-Head: White Collar Crime

KEYWORDS: Bloom’s: Knowledge

159. When a insurance policy holder lies about the condition of their property to get lower rates it is an example of:

a. money laundering

b. banking fraud

c. embezzlement

d. money fraud

e. none of the other choices are correct

ANSWER:

POINTS:

DIFFICULTY:

NATIONAL STANDARDS:

STATE STANDARDS:

TOPICS:

KEYWORDS:

e

1

Easy

United States – BUSPROG: Communication

United States – Universal – DISC: AICPA: BB-Legal

A-Head: White Collar Crime

Bloom’s: Knowledge160. A company bids on projects and submits false information in the bids in order to help win the bids. When this

“scheme or artifice” occurs, there would most likely be a conviction for:

a. money laundering

b. mail fraud

c. insider trading

d. embezzlement

e. none of the other choices

ANSWER: b

POINTS: 1

DIFFICULTY: Easy

NATIONAL STANDARDS: United States – BUSPROG: Communication

STATE STANDARDS: United States – Universal – DISC: AICPA: BB-Legal

TOPICS: A-Head: White Collar Crime

KEYWORDS: Bloom’s: Knowledge

161. Sending materials containing false information through the post office can lead to a conviction of:

a. embezzlement

b. money laundering

c. mail fraud

d. insider trading

e. false representation

ANSWER: c

POINTS: 1

DIFFICULTY: Easy

NATIONAL STANDARDS: United States – BUSPROG: Communication

STATE STANDARDS: United States – Universal – DISC: AICPA: BB-Legal

TOPICS: A-Head: White Collar Crime

KEYWORDS: Bloom’s: Knowledge

162. Sending materials containing false information through the mails can lead to a conviction of:

a. embezzlement

b. money laundering

c. false representation

d. insider trading

e. none of the other choices are correct

ANSWER:

POINTS:

DIFFICULTY:

NATIONAL STANDARDS:

STATE STANDARDS:

TOPICS:

KEYWORDS:

e

1

Easy

United States – BUSPROG: Communication

United States – Universal – DISC: AICPA: BB-Legal

A-Head: White Collar Crime

Bloom’s: Knowledge163. If a person engages in illegal activities, such as drug dealing, and one hides the origins of the income, besides tax

problems, there may be a crime of:

a. embezzlement

b. insider trading

c. fraud

d. money laundering

e. none of the other choices are likely to be

correct

ANSWER: d

POINTS: 1

DIFFICULTY: Moderate

NATIONAL STANDARDS: United States – BUSPROG: Analytic

STATE STANDARDS: United States – Universal – DISC: AICPA: BB-Legal

TOPICS: A-Head: White Collar Crime

KEYWORDS: Bloom’s: Analysis

164. If a person engages in illegal activities, such as drug dealing, and one hides the origins of the income by creating a

fictional paper trail, besides tax problems, there may be a crime of:

a. embezzlement

b. insider trading

c. insurance fraud

d. economic espionage

e. none of the other choices are likely to be

correct

ANSWER: e

POINTS: 1

DIFFICULTY: Moderate

NATIONAL STANDARDS: United States – BUSPROG: Analytic

STATE STANDARDS: United States – Universal – DISC: AICPA: BB-Legal

TOPICS: A-Head: White Collar Crime

KEYWORDS: Bloom’s: Analysis

165. Money laundering is:

a. hiding the truth about the origins of money

b. embezzlement

c. hiding the truth about the amount of taxes paid

d. hiding money in offshore tax havens

e. none of the other choices are correct

ANSWER: a

POINTS: 1

DIFFICULTY: Easy

NATIONAL STANDARDS: United States – BUSPROG: Communication

STATE STANDARDS: United States – Universal – DISC: AICPA: BB-Legal

TOPICS: A-Head: White Collar Crime

KEYWORDS: Bloom’s: Knowledge166. The Racketeer Influenced and Corrupt Organizations (RICO) Act provides:

a. an extra weapon against organized crime

b. an ineffective weapon against organized crime

c. an extra weapon against embezzlement

d. an extra weapon against environment violations

e. none of the other choices are correct

ANSWER: a

POINTS: 1

DIFFICULTY: Moderate

NATIONAL STANDARDS: United States – BUSPROG: Analytic

STATE STANDARDS: United States – Universal – DISC: AICPA: BB-Legal

TOPICS: A-Head: White Collar Crime

KEYWORDS: Bloom’s: Analysis

167. A law that was originally intended as a weapon against organized crime, but has come to have broader application,

including in civil claims for a wide range of activities is:

a. Laundering of monetary Instruments Act

b. Financial Abuse Act

c. Racketeer Influenced and Corrupt Organizations Act

d. Federal Bribery and Corruption Act

e. none of the other choices

ANSWER: c

POINTS: 1

DIFFICULTY: Moderate

NATIONAL STANDARDS: United States – BUSPROG: Analytic

STATE STANDARDS: United States – Universal – DISC: AICPA: BB-Legal

TOPICS: A-Head: White Collar Crime

KEYWORDS: Bloom’s: Analysis

168. Racketeering includes:

a. bribery

b. extortion

c. mail fraud

d. all of the other specific choices are correct

e. none of the other specific choices are correct

ANSWER: d

POINTS: 1

DIFFICULTY: Easy

NATIONAL STANDARDS: United States – BUSPROG: Communication

STATE STANDARDS: United States – Universal – DISC: AICPA: BB-Legal

TOPICS: A-Head: White Collar Crime

KEYWORDS: Bloom’s: Knowledge169. In Bridge v. Phoenix Bond, where Phoenix Bond sued Bridge for filing false documents related to tax lien

purchases, the Supreme Court held that:

a. the plaintiffs could state a claim as victims of the fraud and sue under RICO

b. the plaintiffs could not state a claim as victims of the fraud and sue under RICO

c. RICO did not apply to the case

d. RICO is unconstitutional

e. none of the other choices are correct

ANSWER: a

POINTS: 1

DIFFICULTY: Moderate

NATIONAL STANDARDS: United States – BUSPROG: Analytic

STATE STANDARDS: United States – Universal – DISC: AICPA: BB-Legal

TOPICS: A-Head: White Collar Crime

KEYWORDS: Bloom’s: Analysis

170. In Bridge v. Phoenix Bond, where Phoenix Bond sued Bridge for filing false documents related to tax lien

purchases, the Supreme Court held that:

a. RICO’s text provides no basis for imposing a first-party reliance requirement

b. RICO’s text provides a basis for imposing a first-party reliance requirement

c. RICO is unconstitutional

d. RICO does not apply under these circumstances

e. none of the other choices are correct

ANSWER: a

POINTS: 1

DIFFICULTY: Moderate

NATIONAL STANDARDS: United States – BUSPROG: Analytic

STATE STANDARDS: United States – Universal – DISC: AICPA: BB-Legal

TOPICS: A-Head: White Collar Crime

KEYWORDS: Bloom’s: Analysis

171. Securities fraud includes:

a. market rigging

b. theft of accounts from clients of securities firms

c. violations of securities laws

d. all of the other specific choices are correct

e. none of the other specific choices are correct

ANSWER: d

POINTS: 1

DIFFICULTY: Moderate

NATIONAL STANDARDS: United States – BUSPROG: Analytic

STATE STANDARDS: United States – Universal – DISC: AICPA: BB-Legal

TOPICS: A-Head: White Collar Crime

KEYWORDS: Bloom’s: Analysis172. Failing to file tax returns, failing to report all income and overstating expenses are examples of:

a. tax evasion

b. embezzlement

c. telephone fraud

d. money laundering

e. wire fraud

ANSWER: a

POINTS: 1

DIFFICULTY: Easy

NATIONAL STANDARDS: United States – BUSPROG: Communication

STATE STANDARDS: United States – Universal – DISC: AICPA: BB-Legal

TOPICS: A-Head: White Collar Crime

KEYWORDS: Bloom’s: Knowledge

173. Which of the following can be an example of tax evasion:

a. failing to file tax returns

b. failing to report all income

c. overstating expenses

d. all of the other specific choices are correct

e. none of the other specific choices are correct

ANSWER: d

POINTS: 1

DIFFICULTY: Easy

NATIONAL STANDARDS: United States – BUSPROG: Communication

STATE STANDARDS: United States – Universal – DISC: AICPA: BB-Legal

TOPICS: A-Head: White Collar Crime

KEYWORDS: Bloom’s: Knowledge

174. Fraud committed by electronic means may fall under:

a. internet fraud

b. wire fraud

c. telephone fraud

d. telemarketing fraud

e. any of the other choices

ANSWER: e

POINTS: 1

DIFFICULTY: Easy

NATIONAL STANDARDS: United States – BUSPROG: Communication

STATE STANDARDS: United States – Universal – DISC: AICPA: BB-Legal

TOPICS: A-Head: White Collar Crime

KEYWORDS: Bloom’s: Knowledge175. Anti-money laundering goals include which of the following:

a. identifying the beneficial owner of all assets

b. tracing the transmission of assets

c. reporting suspicious transactions

d. all of the other specific choices are correct

e. none of the other specific choices are correct

ANSWER: d

POINTS: 1

DIFFICULTY: Easy

NATIONAL STANDARDS: United States – BUSPROG: Communication

STATE STANDARDS: United States – Universal – DISC: AICPA: BB-Legal

TOPICS: A-Head: White Collar Crime

KEYWORDS: Bloom’s: Knowledge

176. Identifying the beneficial owner of all assets, tracing the transmission of assets and reporting suspicious transactions

are all goals of:

a. anti-embezzlement measures

b. anti-fraud measures

c. anti-money laundering measures

d. anti-theft measures

e. anti-wire fraud measures

ANSWER: c

POINTS: 1

DIFFICULTY: Easy

NATIONAL STANDARDS: United States – BUSPROG: Communication

STATE STANDARDS: United States – Universal – DISC: AICPA: BB-Legal

TOPICS: A-Head: White Collar Crime

KEYWORDS: Bloom’s: Knowledge

177. The beneficial owner of an asset is:

a. the person who makes money from the asset

b. the person listed on the legal paperwork as the owner

c. the person who buys the asset

d. the person who sells the asset

e. the person who enjoys the benefits of ownership

ANSWER: e

POINTS: 1

DIFFICULTY: Easy

NATIONAL STANDARDS: United States – BUSPROG: Communication

STATE STANDARDS: United States – Universal – DISC: AICPA: BB-Legal

TOPICS: A-Head: White Collar Crime

KEYWORDS: Bloom’s: Knowledge178. France’s assessment of criminal liability for corporations differs from the U.S.’s assessment in that:

a. the requirement that individuals play a key function within a corporation’s decision-making structure before

liability attaches significantly restricts corporate criminal liability

b. the requirement that individuals play a key function within a corporation’s decision-making structure before

liability attaches significantly increases corporate criminal liability

c. the requirement that individuals play a key function within a corporation’s decision-making structure before

liability means that there is no corporate criminal liability

d. it has no requirement that individuals play a key function within a corporation’s decision-making structure

before liability attaches

e. none of the other choices are correct

ANSWER: a

POINTS: 1

DIFFICULTY: Moderate

NATIONAL STANDARDS: United States – BUSPROG: Analytic

STATE STANDARDS: United States – Universal – DISC: AICPA: BB-Legal

TOPICS: A-Head: White Collar Crime

KEYWORDS: Bloom’s: Analysis

179. Which of the following is listed as suspicious activity by the Internal Revenue Service:

a. the customer pays cash for products/services using bills having an unusual or chemical-like odor

b. a 16-year-old brings bags of cash to a money transmitter to make a transfer from New York City to Miami

c. a customer conducting an $11,000 cash transaction attempts to bribe a Money Services Business employee

not to file a Currency Transaction Report

d. all of the other specific choices are correct

e. none of the other specific choices are correct

ANSWER: d

POINTS: 1

DIFFICULTY: Moderate

NATIONAL STANDARDS: United States – BUSPROG: Analytic

STATE STANDARDS: United States – Universal – DISC: AICPA: BB-Legal

TOPICS: A-Head: White Collar Crime

KEYWORDS: Bloom’s: Analysis180. Failing to file a suspicious activity report:

a. can lead to both civil and criminal penalties

b. can only lead to civil penalties

c. can only lead to criminal penalties

d. cannot lead to more than one penalty, regardless of the number of violations

e. none of the other choices are correct

ANSWER: a

POINTS: 1

DIFFICULTY: Moderate

NATIONAL STANDARDS: United States – BUSPROG: Analytic

STATE STANDARDS: United States – Universal – DISC: AICPA: BB-Legal

TOPICS: A-Head: Sentencing Guidelines and Compliance

KEYWORDS: Bloom’s: Analysis

181. Which of the following is no t a Justice Department factor for an effective corporate compliance program that can

help a company reduce legal problems and punishment when violations occur:

a. when offenses occur, steps taken to respond and to prevent further offenses

b. effective communication of standards and procedures to all employees

c. consistent communication with Justice about program achievements

d. high-level persons in the organization have responsibility to oversee compliance

e. all of the other choices are part of an effective program

ANSWER: c

POINTS: 1

DIFFICULTY: Moderate

NATIONAL STANDARDS: United States – BUSPROG: Analytic

STATE STANDARDS: United States – Universal – DISC: AICPA: BB-Legal

TOPICS: A-Head: Sentencing Guidelines and Compliance

KEYWORDS: Bloom’s: Analysis

182. Which of the following is no t a Justice Department factor for an effective corporate compliance program that can

help a company reduce legal problems and punishment when violations occur:

a. when offenses occur, steps taken to respond and to prevent further offenses

b. effective communication of standards and procedures to all employees

c. consistent enforcement of standards within the organization

d. high-level persons in the organization have responsibility to oversee compliance

e. all of the other choices are part of an effective program

ANSWER:

e

POINTS:

1

DIFFICULTY:

Moderate

NATIONAL STANDARDS:

United States – BUSPROG: Analytic

STATE STANDARDS:

United States – Universal – DISC: AICPA: BB-Legal

TOPICS:

A-Head: Sentencing Guidelines and Compliance

KEYWORDS:

Bloom’s: Analysis183. The Sentencing Guidelines were created to:

a. make sentencing consistent across the country

b. prevent favoritism to state residents in cases with out-of-state residents

c. make sentencing consistent within each state, but not across the whole country

d. prevent bias against foreign companies

e. none of the other choices are correct

ANSWER: a

POINTS: 1

DIFFICULTY: Moderate

NATIONAL STANDARDS: United States – BUSPROG: Analytic

STATE STANDARDS: United States – Universal – DISC: AICPA: BB-Legal

TOPICS: A-Head: Sentencing Guidelines and Compliance

KEYWORDS: Bloom’s: Analysis

184. The use of whistleblower “hotlines” that allow employees to report possible legal problems with a company

anonymously:

a. violate Fourth Amendment search and seizure rules

b. are used in the U.S.

c. are used in France and other European countries, which is where the practice began

d. are used in both the U.S. and European countries such as France

e. none of the other choices

ANSWER: b

POINTS: 1

DIFFICULTY: Moderate

NATIONAL STANDARDS: United States – BUSPROG: Analytic

STATE STANDARDS: United States – Universal – DISC: AICPA: BB-Legal

TOPICS: A-Head: Sentencing Guidelines and Compliance

KEYWORDS: Bloom’s: Analysis

185. The use of whistleblower “hotlines” that allow employees to report possible legal problems with a company

anonymously:

a. violate Fourth Amendment search and seizure rules

b. violate the U.N. rules on human rights

c. are widely used in France and other European countries, which is where the practice began

d. are widely used in both the U.S. and European countries such as France

e. none of the other choices

ANSWER:

e

POINTS:

1

DIFFICULTY:

Moderate

NATIONAL STANDARDS:

United States – BUSPROG: Analytic

STATE STANDARDS:

United States – Universal – DISC: AICPA: BB-Legal

TOPICS:

A-Head: Sentencing Guidelines and Compliance

KEYWORDS:

Bloom’s: Analysis186. The Supreme Court has held that the Sentencing Guidelines:

a. are unconstitutional

b. are advisory

c. must be followed closely in criminal cases

d. must be followed closely in cases of crimes by corporations

e. none of the other choices

ANSWER: b

POINTS: 1

DIFFICULTY: Moderate

NATIONAL STANDARDS: United States – BUSPROG: Analytic

STATE STANDARDS: United States – Universal – DISC: AICPA: BB-Legal

TOPICS: A-Head: Sentencing Guidelines and Compliance

KEYWORDS: Bloom’s: Analysis

187. In U.S. v. Allmendinger, involving an insurance scam run by Allmendinger and others, Allmendinger

received a much longer prison sentence than a co-conspiriator, which he appealed. The appeals court held

that the sentence:

a. violated the Sentencing Guidelines and would be recalculated

b. was justified because Allmendinger did not cooperate in the investigation

c. was justified because the loss suffered by victims exceeded $100 million

d. violated equal protection of the 14th amendment as the defendants were equally guilty so the

sentences should be similar for all

e. none of the other choices are correct

ANSWER: b

POINTS: 1

DIFFICULTY: Moderate

NATIONAL STANDARDS: United States – BUSPROG: Analytic

STATE STANDARDS: United States – Universal – DISC: AICPA: BB-Legal

TOPICS: A-Head: Sentencing Guidelines and Compliance

KEYWORDS: Bloom’s: Analysis188. In U.S. v. Allmendinger, involving an insurance scam run by Allmendinger and others, Allmendinger received

a much longer prison sentence than a co-conspiriator, which he appealed. The appeals court held that the

sentence:

a. violated the Sentencing Guidelines and would be recalculated

b. was not justified because Allmendinger cooperated in the investigation of the crime

c. was justified because the loss suffered by victims exceeded $100 million

d. violated equal protection of the 14th amendment as the defendants were equally guilty so the

sentences should be similar for all

e. none of the other choices are correct

ANSWER: e

POINTS: 1

DIFFICULTY: Moderate

NATIONAL STANDARDS: United States – BUSPROG: Analytic

STATE STANDARDS: United States – Universal – DISC: AICPA: BB-Legal

TOPICS: A-Head: Sentencing Guidelines and Compliance

KEYWORDS: Bloom’s: Analysis

189. In U.S. v. Allmendinger, involving an insurance scam run by Allmendinger and others, Allmendinger

received a much longer prison sentence than a co-conspiriator, which he appealed. The appeals court held:

a. that his sentenced was to be reduced because of “extensive cooperation” with authorities investigating

the matter

b. that because the Sentencing Guidelines were unconstitutional, he should be resentenced

c. that because no personal injury only financial, was inflicted on any person, the sentence should be reduced

d. the sentence was justified under the Sentencing Guidelines

e. none of the other choices

ANSWER: d

POINTS: 1

DIFFICULTY: Moderate

NATIONAL STANDARDS: United States – BUSPROG: Analytic

STATE STANDARDS: United States – Universal – DISC: AICPA: BB-Legal

TOPICS: A-Head: Sentencing Guidelines and Compliance

KEYWORDS: Bloom’s: Analysis190. In U.S. v. Allmendinger, involving an insurance scam run by Allmendinger and others, Allmendinger

received a much longer prison sentence than a co-conspiriator, which he appealed. The appeals court held:

a. that his sentenced was to be reduced because of “extensive cooperation” with authorities investigating

the matter

b. that because the Sentencing Guidelines were unconstitutional, he should be resentenced

c. that because no personal injury was inflicted on any person, only financial injury, the sentence

should be reduced

d. the sentence should be increased to a higher level than originally imposed because the losses

involved exceeded $100 million

e. none of the other choices

ANSWER: e

POINTS: 1

DIFFICULTY: Moderate

NATIONAL STANDARDS: United States – BUSPROG: Analytic

STATE STANDARDS: United States – Universal – DISC: AICPA: BB-Legal

TOPICS: A-Head: Sentencing Guidelines and Compliance

KEYWORDS: Bloom’s: Analysis

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