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Dan has a site on eBay where he sells various items.To get the most money for the items he sells,Dan often bids on his own goods in order to drive up the price.Dan is guilty of


A) phishing.
B) hacking.
C) shilling.
D) nothing;this is an acceptable practice.

E) B) and C)
F) A) and C)

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The Miranda warning insures that the criminal suspects understand their constitutional rights relating to


A) search and seizure.
B) self incrimination.
C) double jeopardy.
D) having a jury trial.

E) All of the above
F) A) and C)

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B

Roger assaulted Jim in a tavern,causing medical expenses and lost wages.Which of the following is true?


A) Roger can be prosecuted by the state for a criminal offense,and Jim may sue him for money damages.
B) If Roger is convicted of criminal assault,Jim is not allowed to sue him for money damages because that would violate the double jeopardy clause of the Constitution.
C) If Jim refuses to press charges against Roger,the state cannot initiate a criminal proceeding against him.
D) Jim can either elect to sue for money damages or proceed with criminal charges.

E) B) and D)
F) None of the above

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Internet auctions are the number one source of consumer complaints about online fraud.

A) True
B) False

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The Federal Sentencing Guidelines are just guidelines.Judges do not have to follow them.

A) True
B) False

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Sarah,an employee of Amex Corporation,committed a serious criminal act in an attempt to obtain a large sales order for her employer.A court found her guilty of the felony and also found the corporation guilty of criminal conduct.The company was fined $1 million.The court


A) erred in fining the company because finding both Sarah and the corporation guilty violates the Double Jeopardy Clause of the Constitution.
B) acted properly if this were a federal proceeding;however,it did not act properly if this were a state proceeding.
C) acted properly in finding Sarah guilty;however,it erred in finding the corporation guilty because of the exclusionary rule.
D) acted properly in this case.

E) A) and B)
F) A) and C)

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D

Diane,a police officer,stops Tim's car for a traffic offense.While talking to Tim,she shines a flashlight into the passenger compartment of Tim's car and sees evidence of drug paraphernalia.Which statement is correct?


A) Diane may search the passenger compartment of the car and any place else in the car,including the trunk,without Tim's consent.
B) Diane may search the passenger compartment of the car without Tim's consent;however,she may not search the trunk of the car without his consent or without a search warrant.
C) Diane may not search the passenger compartment of the car (nor any place else) without Tim's consent or without a search warrant.However,she can require Tim to remain parked until the search warrant is brought to her.
D) Under the above circumstances,Diane can write Tim a traffic citation but cannot search the vehicle.

E) A) and D)
F) C) and D)

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Mulcare Corp.started a compliance program to prevent and detect criminal conduct within the company and had specific,high-level officers in charge of overseeing the program.The company effectively communicated the program to its employees and monitored those employees who were in a position to cheat.It promptly disciplined anyone who broke the law.One effect of having this program is


A) federal investigators would no longer investigate the company since Mulcare could take care of any problems internally.
B) federal investigators might be convinced to limit any prosecution to those directly involved rather than attempting to get a conviction against high-ranking officers or against the company itself.
C) the Federal Sentencing Guidelines no longer apply.
D) any cases would be prosecuted in state,rather than federal,court.

E) A) and D)
F) A) and B)

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Connor sells a baseball on eBay that he claims is signed by Babe Ruth.In fact,Connor has forged the signature on the baseball.Connor is guilty of


A) internet fraud.
B) identity theft.
C) mail fraud.
D) embezzlement

E) C) and D)
F) B) and C)

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Although RICO was passed to prevent gangsters from taking money they earned illegally and investing it in legitimate businesses,it is now often used against businesspeople who break the law.

A) True
B) False

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When the government induces the defendant to break the law,it is known as


A) entrapment.
B) racketeering.
C) an exclusionary rule.
D) a good faith exception.

E) All of the above
F) A) and D)

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The primary purpose of RICO was


A) to be a tool against organized crime.
B) to raise revenue.
C) to prosecute non-citizens.
D) to prosecute those engaged in tax fraud.

E) C) and D)
F) All of the above

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The parties to a criminal trial are the government and the defendant.

A) True
B) False

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True

Miranda v.Arizona considered the intent requirement in an armed robbery case.

A) True
B) False

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Mary was suspicious of her neighbor,whom she thought was involved in selling illegal drugs.One day Mary arrived at her apartment and saw a large paper sack tied up with string in front of her neighbor's door.She took the bundle into her apartment,opened it,and discovered it was full of cocaine.She called the police and the neighbor was arrested.The neighbor's lawyer claimed the evidence had been illegally obtained since no probable cause existed to justify opening up the paper bundle.Is the lawyer's argument correct?

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The evidence was lawfully obta...

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An email scam that involves personalized messages sent from someone the victim knows is called


A) larceny.
B) shilling.
C) hacking.
D) spear phishing.

E) All of the above
F) B) and D)

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The Sixth Amendment declares that a person cannot be tried twice for the same criminal offense.

A) True
B) False

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Which of the following is considered a felony?


A) public drunkenness
B) driving without a license
C) embezzlement
D) None of these are correct.

E) B) and D)
F) B) and C)

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When a judge orders a criminal defendant to reimburse the victim,it is called


A) reimbursement.
B) restitution.
C) restraint.
D) retribution.

E) All of the above
F) C) and D)

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In order for the government to obtain a criminal conviction,it must prove its case beyond a reasonable doubt.

A) True
B) False

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