Q&A Hero

Q: The euro is now the sole currency unit of exchange for all European Union member countries.

Q: The International Court of Justice has been a major force in settling disputes since it began.

Q: The World Trade Organization is the only global international trade organization dealing with the rules of trade between nations.

Q: The notion of sovereign immunity has always been, and continues to be, absolute in its application.

Q: The Wassanaar Arrangement came into existence to help control the spread of military and dual use technology to unstable areas of the world.

Q: The United States buys more than it sells abroad.

Q: What principles are the guidelines for sentencing organizations based on?

Q: What acts constitute the crimes of larceny, robbery and burglary?

Q: What are the remedies for RICO violations?

Q: What must the government prove to convict a person of mail or wire fraud?

Q: What protections are provided by the 6th Amendment in criminal cases?

Q: What 4th Amendment issues usually arise in criminal cases involving search warrants?

Q: Give some examples of typical types of federal cyber law investigations.

Q: Whether a particular punishment is considered criminal or civil is largely a matter of statutory construction. What are the factors that courts use as guidelines to make a determination as to when these statutory guidelines are so punitive as to have transformed civil penalties into criminal ones?

Q: What must be shown to prove a conspiracy?

Q: What is an exculpatory no and when would it occur?

Q: Who developed the federal sentencing guidelines?A.Judges.B.U. S. Supreme Court.C.U. S. Guidelines Commission.D.U. S. Sentencing Commission.

Q: To determine punishment for crimes, federal judges now use: A.Sentencing guidelines. B.State law. C.Local statutes. D.Codes of ethics.

Q: Which of the following is not a 6th amendment right? A.The right to subpoena witnesses. B.The right to confront your accuser. C.The right to a speedy public trial. D.The right protecting against double jeopardy.

Q: A grand jury typically consists of ________ members and ________ of them must be present for the grand jury to hear evidence and vote on cases: A.12; 6. B.12; 12. C.23; 16. D.23; 23.

Q: If a mail or wire fraud impacts a financial institution, an individual may be sentenced to up to ________ years in prison. A.5. B.10. C.20. D.30.

Q: The law trying to impose liability on organized crime is: A.RICO. B.OSHA. C.FBI. D.OCLA.

Q: Stealing credit card or debit card information by using a special storage device when someone is processing their card is called: A.Phishing. B.Hacking. C.Infringing. D.Skimming.

Q: Who has the burden of proof to prove the presence of a scheme to defraud? A.Government. B.Defendant. C.Judge. D.Jury.

Q: Assume the facts from question 51 above except it is now morning and the three have driven to K-Mart and purchased toy guns and fashionable scarves to wear as masks. On the way to the bank they are stopped by a policeman for speeding and in plain sight he sees the scarves and guns. They are arrested. A.They are guilty of a criminal conspiracy. B.They are guilty of aiding and abetting. C.They are guilty of robbery. D.They are guilty of nothing.

Q: Brittany, Paris and Lindsay are broke. They are down to their last case of beer which they are currently drinking. The three decide that they will have to rob a bank. They choose the bank, decide who will drive and who will go in. They decide that they will use fake guns and wear masks. At midnight they decide to buy the toy guns and masks in the morning on the way to the bank and then fall asleep. At midnight: A.They are guilty of a criminal conspiracy. B.They are guilty of aiding and abetting. C.They are guilty of robbery. D.They are guilty of nothing.

Q: In United States of America v. Hughes Aircraft Co., Inc., one of Hughes's employees fraudulently completed paperwork required in a federal contract and when turned in by subordinates, Hughes did nothing and allowed the employee to continue. Hughes and the employee were charged with conspiracy to defraud. Hughes was found guilty but the employee was acquitted. Hughes appealed and the court found: A.The acquittal of a co-conspirator automatically absolves the second conspirator. B.A corporation and an employee are legally one person so a conspiracy cannot exist because it requires two or more people. C.It is established that the conviction of one co-conspirator is valid even when all other co-conspirators are acquitted. D.Corporations cannot be liable for conspiracies entered into by its agents and employees.

Q: Mail fraud and wire fraud cases require proof beyond a reasonable doubt that the person accused of fraud: A.Negligently entered a scheme to make promises. B.Used Federal Express or United Parcel Service to deliver. C.Used the U. S. Postal Service or interstate communication. D.None of the above.

Q: Any transaction or event knowingly committed by a conspirator in an attempt to accomplish some object of the conspiracy is called an: A.Object act. B.Oblique act. C.Overt act. D.Obligatory act.

Q: Thelma and Louise are out on a Friday nigh bar hopping. Thelma is driving to the next bar when Louise asks her to stop at a convenience store so she can "make a withdrawal". Thelma thinks that Louise is using an ATM when in fact Thelma has pulled a gun from her purse and held up the store. Louise fired no shots and Louise walks out of the store as calm as can be. The police arrest both at the next bar stop. Thelma is guilty of: A.Aiding and abetting. B.Robbery. C.Conspiracy. D.Nothing.

Q: In state juvenile proceedings, juveniles do not have the right to: A.Counsel. B.A jury trial. C.Confront witnesses. D.Cross-examine witnesses.

Q: The right to an attorney exists: A.Only in federal court. B.Only in state court. C.Only where incarceration is the possible punishment. D.Only in civil cases.

Q: The right to a jury trial in a criminal case is found in the ________: A.5th Amendment. B.4th Amendment. C.6th Amendment. D.Statutory law.

Q: The Sixth Amendment gives you the right to: A.Speedy trial. B.Trial by jury. C.Be informed of the charge against you. D.All of the above.

Q: What Amendment protects a person from double jeopardy? A.Fifth. B.Fourth. C.Fourteenth. D.Statutory law.

Q: Double jeopardy means: A.Committing the same crime twice. B.Being tried to a verdict for the same crime twice. C.Losing the trial and the appeal in the same case. D.Being arrested for gambling.

Q: Miranda warnings are the result of the application of: A.The 5th Amendment only. B.The 6th Amendment only. C.A combination of the 5th and 6th Amendments. D.An application of RICO.

Q: Which of the following would not be a white collar crime? A.Racketeering. B.Wire fraud. C.Price fixing. D.Robbery.

Q: Police officers arresting someone: A.Do not need a search warrant to look in the immediate area for a weapon. B.Must have a search warrant to look for weapons. C.Must have a search warrant to search the person being arrested. D.Must have a search warrant to arrest the person.

Q: Fourth Amendment issues that usually arise in criminal trials are: A.The validity of searches incident to an arrest. B.The existence of probable cause to issue the search warrant. C.The validity of the consents to search. D.All of the above.

Q: Which Amendment protects individuals from unreasonable searches and seizures? A.4th Amendment. B.5th Amendment. C.6th Amendment. D.14th Amendment.

Q: To prove a pattern of racketeering the government must show: A.Two acts of racketeering in a five year period. B.Five acts of racketeering in a five year period. C.Two acts of racketeering in a ten year period. D.Five acts of racketeering in a ten year period.

Q: In Schmuck v. United States, Schmuck was accused of mail fraud. The court, defining the scope of mail fraud schemes, said: A.Mail fraud does not actually require that the mail be used to facilitate the fraud. B.For there to be a mail fraud scheme, there must be multiple parties in a conspiratorial plot. C.One can only be guilty of mail fraud if they themselves physically mail the fraudulent materials. D.Routine and innocent mailings of fraudulent materials by parties unaware of the fraud can still satisfy the requirements of a mail fraud scheme if the party perpetrating the fraud knowingly and intentionally initiated and created the materials to be mailed by the others.

Q: Which of the following is not an element of conspiracy? A.One or more people commit a crime. B.Willful membership in the conspiracy. C.An overt act committed to further the conspiracy. D.Two or more people involved.

Q: For a formal criminal conspiracy to exist: A.A formal agreement between all members must exist. B.All members must plan all details of the scheme. C.One person must plan and commit the crime. D.Two or more people must be involved in some aspect of the scheme.

Q: A grand jury transcript may be used at trial to: A.Make additional charges. B.Impeach a witness. C.Substitute for testimony of witnesses unavailable at trial. D.Give a judge background and insight as to how the indictment was arrived at.

Q: In order to obtain a search warrant, police must offer evidence to a judge that: A.A crime has been committed. B.The intended search will assist in the criminal investigation. C.Either a or b. D.Both a and b must be shown.

Q: Tom enters Kathy's home through a closed window intending to steal a painting that she has hanging in her bedroom. When he gets to her bedroom door he hears that she isn't alone so he leaves. What crime, if any is Tom guilty of? A.Larceny. B.Robbery C.Burglary. D.He has committed no crime since he didn't take anything.

Q: Grand juries: A.Are sometimes used in civil cases where investigation is needed. B.Pronounce sentence. C.Issue indictments. D.Determine the guilt of a defendant.

Q: Which of the following is not an unauthorized access device? A.A lost device used to commit fraud. B.A stolen device used to commit fraud. C.An expired device used to commit fraud. D.None of the above, each is an unauthorized access device.

Q: Which of the following is not a counterfeit access device? A.Account numbers used to transfer funds. B.A fraudulent advertisement enticing bank customers to transfer funds. C.A bank card used to transfer funds. D.None of the above, each is a counterfeit device.

Q: In a criminal case, the defendant has all of the following possible pleas to enter except: A.Guilty. B.Entrapment. C.Not guilty. D.Nolo contendere.

Q: In Hudson v. United States, three bank personnel entered into consent orders in which they were to pay assessments and stop participation in banking affairs without the written permission of the Office of Comptroller of the Currency. When they were subsequently indicted for their actions, they claimed double jeopardy. A.Double jeopardy did not apply because the consent orders were civil and would not bar a subsequent criminal action. B.Double jeopardy did apply because even though the consent orders were civil, they resolved the matter and would therefore bar a subsequent criminal action. C.Double jeopardy did not apply because even though the consent orders were criminal, the indictments pertained to other charges there was no bar to a subsequent criminal action. D.Double jeopardy did apply because even though the consent orders were civil, the penalties imposed were the same as the criminal charges would have been so it resolved the matter and would therefore bar a subsequent criminal action.

Q: The classification of crime is based on: A.Location. B.Prior record. C.Punishment imposed if convicted. D.Judge's prerogative.

Q: Grand juries: A.Determine the guilt or innocence of the accused. B.Deal with misdemeanors. C.Determine if there is sufficient evidence to warrant a trial. D.All of the above.

Q: How much is corporate America losing annually due to white collar crime? A.$10 million. B.$100 million. C.$10 billion. D.$100 billion.

Q: Once a grand jury is convened, all members must be present to hear evidence and vote on cases.

Q: Defendants in all felony trials have the right to a jury.

Q: The Sixth Amendment gives the right to a speedy jury trial in a criminal matter.

Q: The double jeopardy clause prohibits a person from being prosecuted and civilly sued for the same act.

Q: A defendant might plead nolo contendre to avoid a criminal conviction being used as a basis for a civil suit.

Q: In a criminal trial, when a defendant is found innocent, the prosecution always has the right to one appeal.

Q: The Fifth Amendment right against self-incrimination does not protect the accused from being compelled to produce real or physical evidence.

Q: Police need a search warrant to search the person they are arresting.

Q: Employees of some business do not have 4th amendment protections because of public policy considerations.

Q: Because a corporation can't be put in jail, a corporation cannot face criminal charges.

Q: The Bill of Rights was passed because of concern over the centralized government created by the Constitution.

Q: Burglary, by definition is always a theft crime.

Q: A person can be convicted of conspiracy even if they did not know all of the facts of the crime.

Q: Misdemeanors are punishable by a fine or by a jail sentence of 18 months or less.

Q: Grand juries have subpoena powers.

Q: The grand jury does not make a determination of guilt.

Q: A city building inspector, inspecting for building code violations, must obtain a search warrant if the owner of the premises objects to the search.

Q: Felony cases are started with an information, and misdemeanors are started with an indictment.

Q: The classification of crime is based on the punishment imposed in the event of a conviction.

Q: Miranda rights have existed since the Bill of Rights was enacted.

Q: What are the three criteria necessary for copyright protection to occur?

Q: Allowing patents on medicines to cure human disease is a controversial topic. Show one argument in favor of allowing patents on medicines and one argument against allowing such patents.

Q: What constitutes patentable subject matter according to the Patent Statute of 1952?

Q: It has been estimated that intangible assets represents a significant portion of the total assets of many large U.S. companies. Name some of the different intangible assets that businesses might possess.