Smith and Robersons Business Law Mann 16th Edition Test Bank

Smith and Roberson’s Business Law Mann 16th Edition Test Bank
Smith and Roberson’s Business Law Mann 16th

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Chapter 6. Criminal Law
1. In a criminal trial, the plaintiff must prove the case by a preponderance of the evidence.
a. True
b. False
ANSWER: False
POINTS: 1
DIFFICULTY: Easy
LEARNING OBJECTIVES: SRBL.MANN.15. 06.01 - 06.01
NATIONAL STANDARDS: United States - AICPA: BB-Risk Analysis
STATE STANDARDS: United States - NC - AICPA BB-Legal
TOPICS: A-Head: Nature of Crimes
KEYWORDS: Blooms: Knowledge
2. Corporations may be held liable for crimes.

a. True
b. False
ANSWER: True
POINTS: 1
DIFFICULTY: Easy
3. Businesses suffer considerable loss as victims of criminal actions, but businesses cannot be perpetrators of criminal
actions.
a. True
b. False
ANSWER: False
POINTS: 1
DIFFICULTY: Easy
© 2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
4. Torts are civil cases, not criminal cases.
a. True
b. False
ANSWER: True
POINTS: 1
DIFFICULTY: Easy
5. RICO provides for criminal penalties, but contains no provision for civil penalties.
a. True
b. False
ANSWER: False
POINTS: 1
DIFFICULTY: Easy
TOPICS: A-Head: White-Collar Crime
6. Stan offered Cheyenne, the chairperson of the Midtown Zoning Commission, a ten percent interest in his proposed
subdivision development if she would use her influence to have his proposal approved by the commission. She
refused to be a part of Stan’s plan, so Stan cannot be found guilty of bribery.
a. True
b. False
ANSWER: False
POINTS: 1
DIFFICULTY: Easy
KEYWORDS: Blooms: Application
7. A felony is a more serious type of crime than a misdemeanor.
a. True
b. False
ANSWER: True
POINTS: 1
DIFFICULTY: Easy
8. Under the United States legal system, you are guilty until proven innocent.
a. True
b. False
ANSWER: False
POINTS: 1
DIFFICULTY: Easy
TOPICS: A-Head: Criminal Procedure
9. The Fifth Amendment would protect a defendant from having to give blood samples to the prosecution, since that
could be a form of self-incrimination as interpreted by the courts.
a. True
b. False
ANSWER: False
POINTS: 1
DIFFICULTY: Moderate
KEYWORDS: Blooms: Comprehension
10. Robbery is a larceny accompanied by force.
a. True
b. False
ANSWER: True
POINTS: 1
DIFFICULTY: Easy
TOPICS: A-Head: Crimes Against Business
11. The elements of embezzlement are included in larceny.

a. True
b. False
ANSWER: False
POINTS: 1
DIFFICULTY: Easy
12. Unlike larceny, embezzlement requires the intent to permanently deprive the owner of his property.
a. True
b. False
ANSWER: False
POINTS: 1
DIFFICULTY: Easy
© 2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in
part.
13. Employers may be subject to criminal penalties for the unauthorized act of a manager who is acting within the scope
of employment.
a. True
b. False
ANSWER: True
POINTS: 1
DIFFICULTY: Easy
TOPICS: A-Head:
14. Bill has had a problem with vandalism at his business. He rigs up a spring gun at the entryway to his store, so that
any after-hours intruder will be shot upon entry. Bill may legally use this deadly force to protect his business.
a. True
b. False
ANSWER: False
POINTS: 1
DIFFICULTY: Easy
15. Duress is a valid defense to larceny, but not to murder.

a. True
b. False
ANSWER: True
POINTS: 1
DIFFICULTY: Easy
TOPICS: A-Head: Defenses to Crimes
16. The defendant must testify in a criminal proceeding.
a. True
b. False
ANSWER: False
POINTS: 1
DIFFICULTY: Easy
17. The Fifth Amendment protects all individuals against unreasonable searches and seizures.
a. True
b. False
ANSWER: False
POINTS: 1
DIFFICULTY: Easy
18. A grand jury decision will result in a final judgment as to the guilt or innocence of the defendant.
a. True
b. False
ANSWER: False
POINTS: 1
DIFFICULTY: Easy
part.
19. Mail fraud does not require the victim to be actually defrauded.
a. True
b. False
ANSWER: True
POINTS: 1
DIFFICULTY: Easy
20. The State may appeal a verdict of "not guilty" if there is an error in the trial.
a. True
b. False
ANSWER: False
POINTS: 1
DIFFICULTY: Easy
21. Computer crimes are so commonplace that an estimated two out of every three copies of software are illegally
obtained.
a. True
b. False
ANSWER: True
POINTS: 1
DIFFICULTY: Easy
22. Vicarious liability is imposed upon one person for the acts of another.
a. True
b. False
ANSWER: True
POINTS: 1
DIFFICULTY: Easy
23. A "bench trial" is one in which the decision is made without a jury.
a. True
b. False
ANSWER: True
POINTS: 1
DIFFICULTY: Easy
24. Robbery and burglary are the same crime.

a. True
b. False
ANSWER: False
POINTS: 1
DIFFICULTY: Easy
part.
25. The Fifth Amendment would protect a defendant from having to have his photograph taken, since this would be a
type of communication.
a. True
b. False
ANSWER: False
POINTS: 1
26. In a criminal case, the defendant must be tried by jury if he so desires.

a. True
b. False
ANSWER: True
POINTS: 1
DIFFICULTY: Easy
27. In a civil case, as few as six jurors are permitted, but there must be 12 jurors in a criminal case.
a. True
b. False
ANSWER: False
POINTS: 1
DIFFICULTY: Easy
28. Today most crimes are covered by statutory law rather than by the common law, although many of the crimes in
statutory form had their origins in the common law.
a. True
b. False
ANSWER: True
POINTS: 1
DIFFICULTY: Easy
29. A preliminary hearing is held in a criminal case to determine whether there is probable cause to believe the
defendant is the one who committed the crime.
a. True
b. False
ANSWER: True
POINTS: 1
DIFFICULTY: Easy
30. The Sixth Amendment protects persons against self-incrimination, double jeopardy, and being charged with a capital
offense except by grand jury indictment.
a. True
b. False
ANSWER: False
POINTS: 1
DIFFICULTY: Easy
31. Some states still recognize common law crimes.
a. True
b. False
ANSWER: True
POINTS: 1
DIFFICULTY: Easy
32. All federal crimes are statutory.

a. True
b. False
ANSWER: True
POINTS: 1
DIFFICULTY: Easy
33. Carelessness or negligence is a form of subjective fault.

a. True
b. False
ANSWER: False
POINTS: 1
DIFFICULTY: Easy
part.
34. Although mens rea is a required element for most crimes, many regulatory crimes dispense with it.
a. True
b. False
ANSWER: True
POINTS: 1
35. Selling liquor to a minor can result in criminal liability only if the seller intended to sell to an underage person.
a. True
b. False
ANSWER: False
POINTS: 1
DIFFICULTY: Easy
36. Murder is a mala prohibita type of crime.

a. True
b. False
ANSWER: False
POINTS: 1
DIFFICULTY: Easy
37. Crimes consist of two basic elements.
a. True
b. False
ANSWER: True
POINTS: 1
DIFFICULTY: Easy
38. The Federal Organizational Corporate Sentencing Guidelines may require restitution to victims of certain corporate
crimes.
a. True
b. False
ANSWER: True
POINTS: 1
DIFFICULTY: Easy
39. The Federal Organizational Corporate Sentencing Guidelines require corporations to formulate and implement
compliance programs reasonably designed to prevent crimes by the corporations and their employees; adopting and
implementing an adequate compliance program can lead to lesser penalties when crimes do occur.
a. True
b. False
ANSWER: True
POINTS: 1
DIFFICULTY: Easy
40. RICO does not apply to businesses that are engaged in organized crime.
a. True
b. False
ANSWER: False
POINTS: 1
DIFFICULTY: Easy
41. The Sarbanes-Oxley Act created a powerful Accounting Oversight Board with authority to review and discipline
auditors.
a. True
b. False
ANSWER: True
POINTS: 1
DIFFICULTY: Easy
42. The term actus reus refers to the mental intent element of a crime.
a. True
b. False
ANSWER: False
POINTS: 1
DIFFICULTY: Easy
43. Embezzlement and forgery are considered white-collar crimes.
a. True
b. False
ANSWER: True
POINTS: 1
DIFFICULTY: Easy
44. If Sheree, a county commissioner, threatened Brent that unless she received a 15 percent interest in his proposed
development she would use her influence to prevent approval of the development, she has committed criminal
extortion.
a. True
b. False
ANSWER: True
POINTS: 1
DIFFICULTY: Easy
45. Which one of the following is NOT true of a criminal suit?

a. A criminal suit is brought by the government, not by an individual.
b. In a criminal suit, guilt is never presumed.
c. One purpose of a criminal suit is compensation for the victim.
d. A criminal suit requires a higher burden of proof than a civil suit.
ANSWER: c
POINTS: 1
KEYWORDS: Blooms: Analysis
46. Mark carefully plots a course of action to embezzle $100,000 from his employer, Sue. He is fired before he ever gets
a chance to put the plan in action. In cleaning out his desk, Sue finds his plans. Mark is:
a. guilty of a crime because he intended to carry it out.
b. guilty of a crime because he had mens rea.
c. not guilty because he did not act on his plan.
d. not guilty because he is no longer employed by Sue.
ANSWER: c
POINTS: 1
47. Congress has concluded that is the most prevalent method used for distributing pornography and
perpetrating fraudulent schemes, and it enacted the to deal with the problem.
a. spam; CAN-SPAM Act
b. mala prohibita crime; Model Penal Code
c. mala in se crime; RICO Act
d. white-collar crime; Sarbanes-Oxley Act
ANSWER: a
POINTS: 1
48. Self-defense will NOT protect a person from criminal prosecution if she:
a. shoots a man who is about to stab her with a knife.
b. hits a man who is pushing her off the bus while it is still moving.
c. shoots a man who is holding a realistic-looking cap pistol at her head.
d. shoots a man who has shoplifted a rare, expensive diamond necklace from her store.
ANSWER: d
POINTS: 1
49. Which of the following is correct with respect to a grand jury?
a. The grand jury decides guilt or innocence of the defendant.
b. The grand jury always hears testimony from the defendant.
c. The grand jury can issue an indictment if it finds sufficient evidence to justify a trial on the charges alleged.
d. None of these.
ANSWER: c
POINTS: 1
50. Another name for an indictment is a(n):

a. true bill.
b. arraignment.
c. information.
d. preliminary hearing.
ANSWER: a
POINTS: 1
DIFFICULTY: Easy
51. Cybercrime:
a. may be categorized based on whether the computer was the instrument or the target of the crime.
b. has not been regulated by state laws.
c. has been controlled by comprehensive federal legislation.
d. is easy to detect.
ANSWER: a
POINTS: 1
DIFFICULTY: Easy
52. The Fourth Amendment to the Constitution:
a. requires a speedy trial.
b. prohibits double jeopardy.
c. protects against unreasonable search and seizure.
d. All of these.
ANSWER: c
POINTS: 1
DIFFICULTY: Easy
53. A defendant who is indicted will next be:

a. brought before a grand jury.
b. tried.
c. arraigned.
d. fined.
ANSWER: c
POINTS: 1
54. What happens if the police illegally seize evidence in violation of the Fourth Amendment?
a. The evidence will be excluded from use at trial.
b. The defendant's arrest is nullified.
c. The defendant is entitled to another trial.
d. The defendant will be paid for the expenses of his defense.
ANSWER: a
POINTS: 1
part.
55. Two boys held up a liquor store at gunpoint and ran off with a bag of money. The police saw them run into Jill's
apartment building where there are only four apartments off a common hall and no apparent way out of the building
but the front door. The police knock on Jill's door. She says she's the only one there. The police can:
a. search the apartment without a warrant because Jill voluntarily answered the door.
b. search the apartment without a warrant because they are in hot pursuit of the fugitive.
c. not search the apartment, because they have no reason to believe that the boys are in Jill's apartment rather
than in the others.
d. not search the apartment, because voluntary consent to enter is necessary.
ANSWER: b
POINTS: 1
56. Bill is the accountant for Cheatam and Sons Co. For many years he has kept two sets of books, one with real figures
and another with figures he uses when the IRS audits. When Bill, while working on Cheatam's books, is arrested for
fraud, what will happen to the books?
a. They are privileged communications and therefore inadmissible as evidence against Bill.
b. They are protected by the Fifth Amendment and therefore are inadmissible.
c. They may be admitted as evidence since the Fifth Amendment does not protect business records.
d. They may be admitted as evidence only if Bill consented to a search of his offices.
ANSWER: c
POINTS: 1
57. Individuals may use reasonable force to protect themselves, their property, and other individuals. In this context,
reasonable force would mean:
a. deadly force is reasonable to protect property.
b. deadly force is never reasonable to protect property, but is reasonable if an attack threatens the victim with
serious bodily harm.
c. deadly force is never reasonable, even if an attack threatens the victim with serious bodily harm.
d. deadly force is reasonable to protect property or if an attack threatens the victim with serious bodily harm.
ANSWER: d
POINTS: 1
58. The Sarbanes-Oxley Act:

a. establishes new criminal offenses as well as substantially increasing penalties for existing crimes.
b. imposes fines and/or imprisonment of up to 20 years for knowingly altering, destroying, or falsifying any
document with the intent of impeding a federal investigation.
c. adds new financial disclosure requirements for corporations.
d. The Sarbanes-Oxley Act does all of these.
ANSWER: d
POINTS: 1
DIFFICULTY: Easy
59. The criminal intent necessary to commit a crime is known as:

a. actus reus.
b. mens rea.
c. vicarious liability.
d. malice aforethought.
ANSWER: b
POINTS: 1
60. Which of the following is NOT found in the Eighth Amendment to the U.S. Constitution?
a. Protection from excessive bail
b. A prohibition against double jeopardy
c. A prohibition against cruel and unusual punishment
d. All of these are found in the Eighth Amendment.
ANSWER: b
POINTS: 1
DIFFICULTY: Easy
61. XYZ, Inc. has been convicted of bribing public officials. It is now time for sentencing. Possible sentences include:
a. putting the corporation's president, who was not involved in the bribery, in jail.
b. putting the corporate shareholders in jail.
c. fining the corporation.
d. None of these. A corporation cannot commit a crime.
ANSWER: c
POINTS: 1
62. Anita tells Bob that unless Bob pays her $5,000, she will tell his customers that he was once arrested for shoplifting
as a teenager. If the statement that Bob shoplifted as a teenager is true:
a. in most jurisdictions Anita has committed the crime of extortion.
b. Anita has committed no crime since Bob actually did shoplift as a teenager.
c. Anita has committed the crime of bribery.
d. in all jurisdictions in the United States, Anita would have to have received the money from Bob to be charged
with a crime.
ANSWER: a
POINTS: 1
63. Which of the following is found in the Fifth Amendment to the U.S. Constitution?
a. A privilege against self-incrimination
b. A right to a speedy, public trial by jury
c. A prohibition against cruel or unusual punishment
d. The right to an attorney
ANSWER: a
POINTS: 1
DIFFICULTY: Easy
64. At the the accused is informed of the charge and the accused enters a plea.
a. preliminary hearing
b. arraignment
c. indictment
d. information
ANSWER: b
POINTS: 1
65. A warrant is required for a search by the police where:

a. the police are in hot pursuit of a criminal.
b. voluntary consent is given to the search.
c. evidence of a crime is in plain view of the police officer.
d. a witness has described the location of the evidence in the suspect's house.
ANSWER: d
POINTS: 1
part.
66. An employer directs his vice-president of marketing to fix prices with their company's competitors. The employee
does so. Under these facts:
a. only the employee is liable.
b. both the employee and the employer are liable.
c. only the employer is liable.
d. neither the employee nor the employer is liable.
ANSWER: b
POINTS: 1
67. A crime that is punishable by a fine or imprisonment in a local jail is a:

a. felony.
b. white-collar crime.
c. misdemeanor.
d. mala prohibita crime only.
ANSWER: c
POINTS: 1
68. Robbery can be “aggravated robbery” under which of the following circumstances?
a. The robber intends to kill if faced with resistance.
b. Serious bodily injury to the victim occurs.
c. The crime is committed by two persons rather than one person.
d. All of these.
ANSWER: d
POINTS: 1
69. At common law, was defined as a breaking and entering of a dwelling house at night with the intent to commit
a felony.
a. burglary
b. bribery
c. robbery
d. theft
ANSWER: a
POINTS: 1
70. The states that the federal government shall provide the accused with a speedy and public trial by an impartial
jury.
a. Fourth Amendment
b. Fifth Amendment
c. Sixth Amendment
d. Eighth Amendment
ANSWER: c
POINTS: 1
71. Which of the following is correct with respect to RICO?
a. It subjects to penalties enterprises that engage in a pattern of racketeering, defined as the commission of two
or more specified state or federal criminal offenses within a period of ten years.
b. It was enacted with the stated purpose of terminating the infiltration of organized crime into legitimate
businesses.
c. It provides for both civil and criminal penalties for violators.
d. All of these are correct.
ANSWER: d
POINTS: 1
72. Losses due to computer crimes are estimated to be:

a. minimal, as the federal government has passed comprehensive legislation prohibiting computer crime.
b. in the millions of dollars.
c. in the tens of billions of dollars.
d. decreasing, as legislation and enforcement have been increasing.
ANSWER: c
POINTS: 1
73. Under RICO, a is any of several criminal offenses such as murder, kidnapping, arson, extortion, and drug
dealing.
a. predicate act
b. liable act
c. white-collar crime
d. mala in se act
ANSWER: a
POINTS: 1
74. If Steve, wanting to protect his warehouse, closes two pit bulldogs inside and they attack and kill an intruder, Steve
would be found to have:
a. subjective fault.
b. objective fault.
c. liability without fault.
d. no fault, as he was merely protecting his property.
ANSWER: a
POINTS: 1
75. The privilege against self-incrimination extends to which of the following?

a. Providing a handwriting sample.
b. Appearing in a line-up for identification purposes.
c. Taking a blood test after an accident.
d. None of these are protected by the privilege against self-incrimination.
ANSWER: d
POINTS: 1
76. Paul is working as an undercover drug agent. He enrolls in classes at State University where he meets several
students in business administration and invites them to come to his house for a party. No mention is made of any
drugs, but he does say he will have a keg of beer. Shortly after his guests arrive, he gets out some marijuana and
encourages the group to have some. All of them refuse, except Sam, who has never tried it before. When Sam lights
up, Paul arrests him for possession of a controlled substance. Sam:
a. is clearly guilty as charged.
b. can raise the defense of entrapment, claiming Paul has enticed him to commit a crime that he would not have
committed otherwise.
c. has a valid defense of duress.
d. can raise the Fourth Amendment to exclude the marijuana as evidence that has been illegally seized.
ANSWER: b
POINTS: 1
77. The degrees of mental fault in criminal law include which of the following?
a. Subjective fault, which involves negligence or carelessness
b. Objective fault, which involves purposeful, knowing, or reckless conduct
c. Liability without fault, where no requisite mental state or even knowledge of the act is required in some
instances
d. All of these.
ANSWER: c
POINTS: 1
78. What principle was involved in the Weeks v. United States case?
a. The exclusionary rule
b. Double jeopardy
c. Probable cause
d. Vicarious liability
ANSWER: a
POINTS: 1
79. Describe how a criminal case is commenced and how it proceeds through the court system. What are the various
stages in the proceeding? Be sure to use the correct terminology.
ANSWER: A criminal prosecution usually begins with an arrest. After arrest, the accused is
booked and appears before a magistrate or justice of the peace where he is given
notice of the charges against him, is informed of his rights, and has bail set. Next, a
preliminary hearing is held to determine whether there is probable cause to believe that
a crime has been committed and that the defendant is the one who has committed it.
There may also be an indictment by a grand jury or an information by a prosecuting
officer. At the arraignment, the accused enters a plea. If he pleads not guilty, a date
for either a jury trial or a bench trial is set.
A criminal trial to a jury begins with jury selection and opening statements by the
attorneys. Evidence is presented, closing statements are made, and the jury is
instructed as to the applicable law. The jury retires to arrive at a verdict. If the verdict
is “guilty,” the judge will enter a judgment of conviction and set the case for
sentencing. The defendant may make a motion for a new trial or may appeal. The
State has no right to appeal from an acquittal.
POINTS: 1
DIFFICULTY: Challenging
KEYWORDS: Blooms: Synthesis
80. Compare and contrast a criminal case with a civil case. Be sure to use the correct terminology.
ANSWER: A civil case begins with a complaint which is drafted by the plaintiff's attorney and then
filed with the court and served on the defendant. A criminal case begins with an arrest.
The prosecution of a criminal case is done by a prosecutor on behalf of the State
against a defendant for having committed a "wrong" against society. In a criminal case,
the defendant will make a court appearance within a short time after the arrest has
occurred. In a civil case, there may not be a court appearance until months after the
case is begun. Most criminal cases that go to trial result in jury trials. Many civil cases
are tried to the judge alone without a jury. The party bringing a civil action has the
burden of proof, which he must sustain by a preponderance of the evidence. In criminal
law, the defendant is prosecuted by the government, which must prove the defendant’s
guilt beyond a reasonable doubt, a much higher burden of proof. The purpose of the
civil law is to compensate the aggrieved party. Criminal law is designed to prevent
harm to society by defining criminal conduct and establishing punishment for it.
POINTS: 1
81. Identify and briefly describe the defenses that can be raised by a criminal defendant who is found to have committed
a criminal act.
ANSWER: Defenses include: (a) defense of person or property; (b) duress; (c) mistake of fact;
and (d) entrapment. (a) Individuals may use reasonable (but not deadly) force to
protect their property. Deadly force may be used to protect from a threat of death or
serious bodily harm. (b) Duress involves the threat of immediate, serious bodily harm
unless the person engages in criminal conduct. (c) If a person reasonably believes the
facts surrounding his conduct to be such that his conduct would not constitute a crime,
the law will treat the facts as he reasonably believes them to be. (d) Entrapment arises
when a law enforcement official induces a person to commit a crime when that person
would not have done so without the official’s persuasion.
POINTS: 1
82. Identify the constitutional protections given to a criminal defendant by each of the following Amendments to the U.S.
Constitution. How does each apply to the procedure involved in arresting and trying a criminal defendant?
a. Fourth Amendment
b. Fifth Amendment
c. Sixth Amendment
The Fourth Amendment protects all individuals against unreasonable searches and
seizures. Issues involving the Fourth Amendment arise when evidence is illegally
a.
seized by police officers, and the defendant moves to have the evidence excluded
ANSWER: based upon the exclusionary rule.
The Fifth Amendment protects persons against self-incrimination, double jeopardy,
and being charged with a capital or infamous crime except by grand jury
indictment. The Fifth Amendment also guarantees due process. The privilege
against self-incrimination extends only to testimonial evidence, not to physical
evidence. The double jeopardy protection provides that if a verdict of “not guilty” is
b.
reached in a trial, the defendant cannot be re-tried for the same offense. The due
process requirement basically requires a fair trial, including the right to counsel, the
right to confront and cross-examine adverse witnesses, the right to testify in one’s
own behalf if desired, and the right to be free from any and all prejudicial conduct
and statements.
The Sixth Amendment provides that the federal government shall provide the
accused with a speedy and public trial by an impartial jury, inform him of the nature
c. and cause of the accusation, confront him with the witnesses against him, have
compulsory process for obtaining witnesses in his favor, and allow him to have the
assistance of counsel for his defense.
POINTS: 1
83. In general, what are the elements of a crime? Discuss the following concepts of criminal law and how and why the
general elements of criminal action are altered, extended, or eliminated. In addition, give examples corresponding to
each concept of the type of conduct that could be a criminal act.
a. Objective fault
b. Vicarious liability
c. Corporate liability
In general, a crime has two elements: the wrongful or overt act (actus reus) and
the criminal intent (mens rea). The mental intent (mens rea) required for a crime
is often subjective fault, which may be purposeful, knowing, or reckless. Some
crimes require objective fault and others require no fault at all. Objective fault
a.
involves gross deviation from the standard of care that a reasonable person would
observe under the circumstances. It involves careless or negligent behavior.
Example: Carelessly driving a truck onto a sidewalk and causing injury to a
ANSWER: pedestrian.
Vicarious liability is liability imposed upon one person for the acts of another.
Employers are vicariously liable for the authorized criminal acts of their employees
if the employer directed, participated in, or approved of the act. Example: An
b. employer directs his employee to consistently ignore OSHA regulations; this results
in deaths of employees due to unsafe conditions. Employers may also be subject to
criminal penalty for certain unauthorized acts of employees if the employees are
acting in the scope of employment.
Public policy reasons exist for artificially extending criminal acts to corporations.
Criminal intent for the corporation is presumed, or in some ways eliminated,
because of bad acts and statutory language. Corporations are so numerous and
c.
powerful that it is a societal necessity to control corporate behavior. Corporate
officials may be prosecuted and punished separately. Example: A corporate
executive defrauds the public in order to increase the price of the company stock.
POINTS: 1
84. What six elements must be present for the crime of larceny to exist?
ANSWER: The following are elements of the crime of larceny:

(a) Trespassory
(b) taking and
(c) carrying away of
(d) personal property
(e) of another
(f) with the intent to deprive the victim permanently of the goods.
POINTS: 1
85. Under most modern statutes, what three elements must be met for a charge of burglary?
ANSWER: The elements that must be present for the crime of burglary to exist are:
(a) An entry
(b) into a building
(c) with the intent to commit a felony in the building.
POINTS: 1
part.
Smith and Roberson’s Business Law Mann 16th Edition Test Bank
86. Describe the crime of false pretenses and name and define three crimes similar to false pretenses that were
discussed in the textbook.
ANSWER: False pretenses is the crime of obtaining title to property of another by making
materially false representations of an existing fact with knowledge of their falsity and
with the intent to defraud. The victim voluntarily transfers the property to the thief.
Other specialized crimes that are similar to false pretenses include mail, wire, and bank
fraud, as well as securities fraud. Mail fraud, unlike the crime of false pretenses, does
not require the victim to be actually defrauded; it simply requires the defendant to use
the mails or private carrier to carry out a scheme that attempts to defraud others. The
wire fraud statute prohibits the transmittal by wire, radio, or television in interstate or
foreign commerce of any information with the intent to defraud. The federal bank
fraud statute makes it a crime to knowingly execute or attempt to execute a scheme to
defraud a financial institution or to obtain by false pretenses funds under the control or
custody of a financial institution.
POINTS: 1
87. In response to the Federal Organizational Corporate Sentencing Guidelines, Starstream Corporation wants to
formulate and implement a compliance program to prevent potential legal violations by its employees and the
company itself. Identify eight factors to include in the program, and discuss the effect of having an adequate
program.
ANSWER: An adequate compliance program should include: standards and procedures to prevent
and detect criminal conduct; responsibility at all levels and adequate resources and
authority for the program; personnel screening related to program goals; training at all
levels; auditing, monitoring, and evaluating program effectiveness; nonretaliatory
internal reporting systems; incentives and discipline to promote compliance; and
reasonable steps to respond to and prevent further similar offenses upon detection of a
violation. If Starstream successfully adopts and implements an adequate compliance
program, a corporate fine for a criminal offense can be reduced to as little as 5 percent
of the scheduled fine.
POINTS: 1
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