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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 8. Duress is not a valid criminal defense.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. 16. Increasingly, courts are requiring criminals to use alternative methods of dispute resolution (ADR) before hearing the case.a. True b. False 17. Sybrum, Inc. ordered 5,000 brochures from PrintSmart. Subsequently, a dispute arose over the quality of the paper. The contract did not include an arbitration agreement. Since the initial agreement did not include an agreement to arbitrate, the matter cannot be settled by arbitration.a. True b. False 18. A minitrial is a process in which the parties' attorneys present an abbreviated case to a neutral person who issues a binding award.a. True b. False 19. Pamela sued Emanuel in small claims court for $2,500. Emanuel, was properly served and the court had jurisdiction over the case. Emanuel did not respond to the complaint. The court will most likely enter a default judgment awarding Pamela $2,500.a. True b. False 20. Discovery permits a party to obtain only information that would be admissible as evidence at trial.a. True b. False 21. Jurors are selected through a process known as voir dire.a. True b. False 22. Res judicata means that when a court issues a final judgment, the subject matter of that lawsuit is finally decided between the parties to the suit.a. True b. False 23. A lawyer may use his or her peremptory challenges to remove all the African-Americans from the jury.a. True b. False 24. A judgment n.o.v. allows a judge to overturn the jury's verdict.a. True b. False 25. An attorney may file a Motion for Summary Judgment to have a judge removed from a case.a. True b. False 26. Cherie was sued in small claims court. On the trial date, Cherie had an important job interview and did not go to court. In this situation, the court will probably:a. dismiss the case. b. enter a default judgment. c. issue a warrant for Cherie's arrest. d. enter a nolo contendre judgment 27. Charmane sued Gabrielle. Gabrielle made a motion for summary judgment. In order to prevail in this motion, Gabrielle must show that:a. Charmane has no evidence supporting her case. b. the judge made a prejudicial error. c. Charmane has failed to state a claim upon which relief can be granted. d. there is no genuine issue concerning any material fact. 28. Saskia is suing Yanis for divorce. During voir dire, Yanis's attorney, Jurgen, used all of his peremptory challenges to remove the women from the jury. When the women were questioned by the judge, each indicated that she thought she could give an unbiased judgment to the case. If Jurgen's use of the peremptory challenges is contested what is the likely result?a. The challenge will be unsuccessful. Peremptory challenges are entirely discretionary and Jurgen does not have to justify them. b. The challenge will be unsuccessful if Jurgen simply states that he had no intention to discriminate. c. The outcome of the challenge will depend upon whether Jurgen can prove that his challenges were not based upon gender. d. Four women will be put on the jury. 29. The correct, although not necessarily complete, sequence in a trial is:a. jury selection, opening statements, direct and cross examination, closing arguments, and judgment. b. jury selection, discovery, opening arguments, direct and cross examination, closing statements, and judgment. c. opening statements, jury selection, direct and cross examination, closing arguments, and judgment. d. opening statements, closing arguments, jury selection, and judgment. 30. Gethro, Inc. ordered 5,000 color video printers from SMX Supplies, Inc. A dispute arose over the quality of the prints. The initial contract did not include a provision for arbitration. Which statement is correct?a. The parties cannot use arbitration to resolve the dispute because the initial contract did not provide for arbitration. b. The parties cannot use arbitration to resolve the dispute unless a court orders arbitration. c. The parties can agree to arbitrate the dispute. d. The parties can agree to arbitrate the dispute as long as the agreement provides for de novo judicial review. 31. Tom operates "Do It Yourself Hardware," a hardware store. Tom's major competitor is "Home Improvements." In hopes of increasing its business at the expense of Home Improvements, Tom ran a newspaper advertisement falsely stating that Home Improvements' products were inferior and manufactured overseas. Is Tom liable for disparagement?a. True b. False 32. Slander is a written defamation.a. True b. False 33. Recovery for intentional torts is based on the concept of fault, while recovery for strict liability and negligence are not.a. True b. False 34. Conversion occurs when a person unintentionally exercises exclusive control over the personal property of another without permission.a. True b. False 35. Shannon, a server at Grease Restaurant, accidently spilled some ketchup on the dining room floor. Distracted by a customer, Shannon forgot about the ketchup. Two hours later a customer slipped and fell on the ketchup breaking their leg. Grease is liable for the customer's injury.a. True b. False 36. A single act can constitute a crime and a tort.a. True b. False 37. Most states follow the traditional view of contributory negligence.a. True b. False 38. The New York Times v. Sullivan case dealt with the defamation of a public figure.a. True b. False 39. Supervisor Joe called employee Nancy into his office and closed the door. He told her that she was under suspicion for larceny and suspended her with pay. Her coworkers began to talk. Joe is liable for defamation.a. True b. False 40. Strict liability is based on foreseeability and fault of the tortfeasor.a. True b. False 41. When Steven arrived at the airport for his prearranged flight, the clerk informed him that there were no seats available. Steven lost his composure and started to yell and scream at the clerk demanding a seat on the plane. As he hollered, Steven paced back and forth in front of the airline counter. Steven made no physical movement towards the clerk. Which statement is correct?a. The airline is liable for the tort of mental distress. Its actions caused Steven to suffer serious emotional distress. b. The airline is liable for the tort of false imprisonment because Steven could not leave the airport on his prearranged flight. c. Steven is strictly liable because he acted like a wild animal. d. Steven is not liable for assault because verbal threats alone are not assault. 42. The tort of fraud consists of which of the following elements?a. Material fact, misrepresentation, serious indignity, and damage. b. Material fact, falsehood, scienter, reliance, and damage. c. Opinion, falsehood, serious indignity, misrepresentation, and injury. d. Opinion, falsehood, scienter, injury, and reliance. 43. Roxanne, a 30 year old woman, went to Dr. Lynn's office for a pregnancy test. Before Roxanne was notified about the positive test results, Dr. Lynn's nurse called Roxanne's mother and told her about the pregnancy. The nurse has most likely committed the tort of:a. negligence. b. misappropriation of trade secrets. c. invasion of privacy. d. slander. 44. There are four elements that must be shown before a recovery for the tort of negligence is permitted. Which of the following lists these four conditions?a. Duty, breach of duty, approximate cause, and injury. b. Duty, breach of duty, necessity, and injury. c. Duty, breach of duty, proximate cause, and injury. d. Duty, damage, assumption, and injury. question1445. Tanya, the security guard of a gift shop, was watching a shopper. Tanya saw the customer pick-up a bracelet with her right hand and then quickly put the same hand in her pocket. Which statement is correct?a. Tanya can detain the shopper because the shopper was trespassing. b. Tanya can detain the shopper because the shopper committed the tort of conversion. c. Tanya can detain the shopper because of a privilege. Tanya reasonably believed that the shopper was shoplifting. d. Tanya can detain the shopper because it was a necessity.
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