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Exam 7: Crime and the Business Community

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Question 41

True/False

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The test used to establish one's mental state when insanity is claimed is the same regardless of the jurisdiction involved.

A) True
B) False

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Question 42

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

A) True
B) False

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Question 43

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Which of the following requires a "pattern"?

List the elements necessary to establish bribery of a public official.

Which of the following was passed largely in response to business scandals of the early 2000's, such as those implicated by Enron, WorldCom, Global Crossing, and Arthur Anderson?

Which of the following is the secretive and wrongful taking and carrying away of the personal property of another with the intent to permanently deprive the rightful owner of its use or possession?

Which of the following Supreme Court cases established the right to counsel before questioning by the police?

Ordinarily, to obtain an arrest warrant, a law enforcement agent must demonstrate that there is ________ that a suspect committed or is planning to commit a crime.

A defendant who argues that commission of a crime was necessary to prevent a more severe crime from occurring is relying upon the defense of _______.

The primary purpose of criminal law is to compensate a victim.

The majority of the U.S. Supreme Court Berghuis v. Thompkins ruled that absent an explicit invocation of the right to remain silent, police may continue to interrogate a suspect, and what the suspect says may be used against him in court.

Which of the following was the result in U.S. v. Ruiz, the case in the text involving the defending deputy superintendent of New Mexico's insurance division who was convicted of offenses including mail fraud after he told insurers that they could avoid paying the fines for violation of licensing requirements if they contributed to certain charities?

Which of the following occurs when someone unlawfully enters a building with the intent to commit a felony?

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

Which of the following is punishable by imprisonment for more than one year or death?

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

Which of the following occurs when a defendant makes a first appearance?

Which of the following are minor offenses usually punishable by a jail sentence of less than six months or a small fine with an example being violation of a building code?

Penny, who is the president of XYZ Corporation, tells Andy that buying stock in XYZ Corporation right now is a good idea. Andy is only casually acquainted with Penny and did not know that she was an officer of the corporation. He, however, acting on her information investigated the company somewhat and proceeded to buy some stock. Both Penny and Andy were charged with insider trading. Both Penny and Andy say that they did not know that insider trading was against the law. Also, Andy says that he did not even know that Penny was an officer of XYZ Corporation and that he thought the information at issue was public information. Provide the legal definitions for the defenses asserted and discuss whether they are adequate.