BLTE-10e Practice Quiz
Chapter 6: Criminal Law and Cyber Crime
1. In order for someone to be convicted of a crime, which of the following elements must exist?
a. The defendant must have had a socially maladjusted childhood.
b. The defendant must have had no intent to commit the act.
c. The defendant must have intentionally performed a prohibited act.
d. The defendant must have performed a morally questionable act.
ANS:
a. Incorrect. This is not a required element of a crime.
b. Incorrect. This is not a required element of a crime, although the opposite is true (intent is a required element).
c. Correct. To prove that a crime has been committed, a prosecutor must demonstrate that a defendant performed an act that is legally prohibited and intended to commit the act (the mens rea requirement).
d. Incorrect. In order to prove that a crime has been committed, it must be shown that a legally prohibited act--not just a morally questionable act--was performed
2. Bob left his friend Mark in charge of his bicycle store. One Saturday evening, after Mark had left for the week, Bob discovered that he was missing $9,000 in cash. Mark may be guilty of:
a. robbery.
b. embezzlement.
c. misappropriation.
d. conversion.
ANS:
a. Incorrect. Robbery is a form of theft that involves force or fear.
b. Correct. Embezzlement occurs when a person wrongfully appropriates property that has been entrusted to him or her by another.
c. Incorrect. Misappropriation is not a crime.
d. Incorrect. Conversion is a tort involving the wrongful taking and retention of another’s personal property.
3. When profits earned illegally are channeled through a legitimate business, the act of ______occurs:
a. insider trading
b. economic espionage
c. money laundering
d. burglary
ANS:
a. Incorrect. Insider trading involves the wrongful disclosure of information related to stocks.
b. Incorrect. Economic espionage involves spying on businesses.
c. Correct. When illegal profits are passed through a legal business, this is money laundering.
d. Incorrect. Burglary does not involve moving illegal profits through a legal business.
4. The Fourth Amendment protects you from:
a. all civil trials.
b. excessive fines.
c. unreasonable searches and seizures.
d. self-incrimination.
ANS:
a. Incorrect. No amendment protects you from this.
b. Incorrect. This guarantee is found in the Eighth Amendment.
c. Correct. The Fourth Amendment protects "the right of the people to be secure in their persons, houses, papers, and effects."
d. Incorrect. The Fifth Amendment guarantees this protection.
5. The case of Miranda v. Arizona was primarily concerned with:
a. the rights of criminal defendants.
b. procedural requirements of civil law.
c. the process of outlawing slander.
d. the procedure of bringing bankruptcy claims.
ANS:
a. Correct. This case involves the procedural rights of criminal defendants.
b. Incorrect. This case involves criminal, not civil, law.
c. Incorrect. This case does not involve the tort of slander.
d. Incorrect. This case does not involve the procedure for bringing a bankruptcy claim.
6. Under the “responsible corporate officer” doctrine, corporate officers
a. are responsible for their own actions but are not responsible for the actions of employees under their supervision.
b. are responsible only for crimes from which they personally benefit.
c. are not personally responsible for any crimes committed by the corporation.
d. are responsible for their own actions and also for the actions of employees under their supervision.
ANS:
a. Incorrect. Corporate officers are responsible for more than their own actions; they may also be held criminally liable for criminal acts committed by employees under their supervision.
b. Incorrect. Corporate officers are not responsible only for crimes from which they personally benefit; they are responsible for any criminal activity. They also can be held liable for criminal violations committed by employees under their supervision.
c. Incorrect. Corporate officers are personally liable for the crimes they commit, as well as criminal violations committed by employees under their supervision.
d. Correct. Corporate officers are responsible for their own actions and also for the actions of employees under their supervision. Under the “responsible corporate officer” doctrine, courts can impose liability on the corporate officer regardless of whether he or she participated in, or even knew about, a given criminal violation.
7. Cyber crime can best be defined as:
a. a crime against property.
b. not a new type of crime but a new way of committing crime--in cyberspace.
c. a crime that also involves a tort.
d. organized crime.
ANS:
a. Incorrect. Cyber crimes can also be committed against people (for example, cyber stalking).
b. Correct. Many forms of cyber crime are not new but are simply traditional types of crimes committed in cyberspace.
c. Incorrect. This is not how cyber crime would best be defined.
d. Incorrect. Although cyber crime may or may not be organized, it is not best defined as organized crime.
8. Which of the following is not a type of malware?
a. a hacker.
b. botnets.
c. a worm.
d. a virus.
ANS:
a. Correct. A hacker is someone who uses one computer to break into another and is not a type of malware, a term that refers to any program that is harmful to a computer or, by extension, a computer user.
b. Incorrect. Botnets are networks of computers that have been appropriated by hackers without the knowledge of their owners and they are a type of malware, a term that refers to any program that is harmful to a computer or, by extension, a computer user.
c. Incorrect. A worm is a software program that is capable of reproducing itself as it spreads from one computer to the next and it is a type of malware, a term that refers to any program that is harmful to a computer or, by extension, a computer user.
d. Incorrect. A virus is self-replicating and must be attached to an “infested” host file to travel from one computer network to another and it is a type of malware, a term that refers to any program that is harmful to a computer or, by extension, a computer user.
9. Sara is charged with violating the Counterfeit Access Device and Computer Fraud and Abuse Act (CFAA). To be guilty of crime under the act, the prosecutor must prove that Sara
a. accessed a computer without authority only.
b. accessed a computer without authority or took data.
c. accessed a computer without authority and took data.
d. took restricted or protected data only.
ANS:
a. INCORRECT. Crime under the CFAA has two elements, accessing a computer without authority and taking the data. The prosecutor must prove both elements for Sara to be found guilty of the crime of violating the CFAA.
b. INCORRECT. Crime under the CFAA has two elements, accessing a computer without authority and taking data. The prosecutor must prove both elements for Sara to be found guilty of the crime of violating the CFAA.
c. CORRECT. Crime under the CFAA has two elements, accessing a computer without authority and taking the data. The prosecutor must prove both elements for Sara to be found guilty of the crime of violating the CFAA.
d. INCORRECT. Crime under the CFAA has two elements, accessing a computer without authority and taking the data. The prosecutor must prove both elements for Sara to be found guilty of the crime of violating the CFAA.