True/False CH10

1 January 2023
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20 test answers

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question
In a criminal case, the state must prove its case bt a preponderance of the evidence
answer
False/beyond a reasonable doubt
question
The sanctions imposed on criminal wrongdoers are the same as those applied in civil cases
answer
False/ as tort : assault battery , provide a basis of both criminal prosecution and civil action
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One element that normally must exist for a person to be convicted of a crime is the performance of a prohibited act
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True
question
The crime of theft requires only the taking of another person's property, not the awareness that the property belongs to another
answer
False/ convicted of crime: guilty of mind and guilty of act
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The federal criminal code lists more than four thousand criminal offences, all of which require a specific mental state
answer
False/mental state ( required intend is indicated in the applicable statute of law . And the criminal Negligence (unjustified, substantial and foreseeable risk that result the harm
question
Corporate officers and directors may be held criminally liable for the actions of employees under their supervision
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True
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Falsifying public records or altering a legal document is larceny
answer
False/forgery crime tội phạm giả mạo
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The crime of bribery occurs when the bribe is offered -- it is not required that the bribe be accepted.
answer
True
question
An employer's failure to remit state withholding taxes that were collected from employee wages cannot constitute a crime
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False/federal crime
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Racketeering is a single crime -- engaging in financial transactions to conceal the identity, source, or destination of illegally gained funds
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False/ (RICO criminal and liability) ; organization crime : corrup
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The theft of trade secrets is a civil wrong but not a crime
answer
False
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In the event of a RICO violation, the government can seek the divestiture of a defendant's interest in a business.
answer
True/ divestiture=the action or process of selling off subsidiary business interests or investments.
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The only defense to criminal liability that justifies the use of force is self-defense
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False
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Once immunity is given, a person has an absolute privlege against self-incrimination and can no longer refuse to testify on Fifth Amendment grounds
answer
True/Một khi đã được miễn trả, một người có một đặc quyền tuyệt đối chống lại sự tự bào chữa và không còn có thể từ chối làm chứng
question
For most crimes, the state must initiate prosecution within a certain number of years after the crime occurs
answer
True
question
Under the Fourth Amendment, general searches through a person's belongings are permissable
answer
False
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If a person in custody is to be subjected to interrogation, he or she must first be informed in clear and unequivocal terms that he or she has the right to remain silent
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True
question
In a phishing attack, a perpetrator "fishes" for financial data and passwords from consumers by posing as a legitimate business
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True
question
A company takes a risk by electronically storing their online customers' credit card numbers
answer
True
question
No federal statute specifically adresses cyber crime
answer
False