Business Law, 8e: Chapter 8

Chapter 8
Crimes and Business:

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The Email address of an instructor to mail your quiz results:

1. Ismene is an employee of Tennyson, Inc. She is not permitted to handle money for the company, and has never been given the key to the cash register or the combination of the safe. One night, after the business is closed, she enters the building (using the ID-card key that all employees have), picks the lock on the safe, and steals $10,000 in cash. Ismene has committed the crime of embezzlement.: a. True
b. False

2. Voluntary intoxication is always a valid defense in a criminal case because drunken persons cannot be held responsible for their actions.: a. True
b. False

3. In a widely publicized bombing case, defense counsel believed that pretrial publicity was negative to the defendant and that the trial should be moved to ensure the defendant a fair trial. Under these circumstances, a motion for a change of venue would be appropriate.: a. True
b. False

4. If a defendant enters a plea of nolo contendere, the plea may not be used as evidence of guilt in later court proceedings.: a. True
b. False

5. The difference between murder and manslaughter lies in the mental state of the defendant.: a. True
b. False

6. The burden of proof in a criminal trial is on the government, which must prove its case by a preponderance of the evidence.: a. True
b. False

7. When a jury is deadlocked and unable to reach a decision, it is sequestered.: a. True
b. False

9. In U.S. v. Townsend, the issue involved was the sufficiency of the evidence on appeal.: a. True
b. False

10. Corporations cannot be liable for the crimes committed by its employees while acting for the corporation.: a. True
b. False

11. In which of the following situations is Alchemist Corporation most likely to be found guilty of the crime of fraud?: a. Lovewit, the president of Alchemist Corporation, deliberately lied to a customer, telling her that a machine she was purchasing had much higher fuel efficiency than it actually had; as a result, the customer paid considerably more than the machine was worth.
b. Volpone, a low-level clerk who works for Alchemist Corporation, mistakenly told a customer that a machine she was purchasing had much higher fuel efficiency than it actually had; as a result, the customer paid considerably more than the machine was worth.
c. Lovewit, the president of Alchemist Corporation, mistakenly told a customer that a machine she was purchasing had much higher fuel efficiency than it actually had; as a result, the customer paid considerably more than the machine was worth.
d. It is likely that Alchemist Corporation will be found guilty of fraud in all of the above situations.

12. Jacqueline was the bookkeeper for Vop, Inc. To pay a gambling debt, Jacqueline took $5,000 in cash that was to be deposited in Vop's bank account. Jacqueline then altered Vop's accounting records to hide her actions. Which statement is correct?: a. Vop cannot initiate a civil lawsuit against Jacqueline to recover the $5,000 because Jacqueline's conduct was criminal.
b. The government can initiate a civil lawsuit to recover the $5,000 for Vop because Jacqueline's conduct was criminal.
c. Vop can initiate a civil lawsuit against Jacqueline to recover the $5,000 and the government initiate a criminal case against her for embezzlement.
d. Vop can initiate a civil lawsuit against Jacqueline to recover the $5,000 but the government has no criminal action because Jacqueline's action was against Vop, not society.

13. In the criminal case (above) against Jacqueline, what is the burden of proof?: a. preponderance of the evidence.
b. Clear and convincing evidence.
c. Beyond a reasonable doubt.
d. Probable cause.

14. What is the difference between larceny and robbery?: a. Larceny is a felony, robbery is a misdemeanor.
b. Robbery is a felony, larceny is a misdemeanor.
c. Larceny involves force, or the threat of force or violence, robbery does not.
d. Robbery involves force, or the threat of force or violence, larceny does not.

15. Clinton went drinking at a local bar with some friends. While driving home, Clinton swerved into the oncoming lane of traffic and crashed head-on with a vehicle driven by Angela. Angela was killed. Tests, following the crash, showed that Clinton's blood alcohol level was double the legal limit for driving. Clinton was charged with involuntary manslaughter. If Clinton raises the defense of intoxication, which statement is correct?: a. The defense of involuntary intoxication will be successful since Clinton didn't intend to become intoxicated.
b. The defense of voluntary intoxication will not be a valid defense since involuntary manslaughter does not require specific intent.
c. The defense of involuntary intoxication will be successful since Clinton didn't intend to kill Angela.
d. The defense of voluntary intoxication will be a valid defense since Clinton's intoxication negated the required malice aforethought.