BUS LAW Ch. 9-Criminal law and Cyber Crime

After class one day, you are in a hurry to meet a friend and accidentally leave your textbook in the classroom. You soon realize you do not have your book and return to the classroom to get it. Unfortunately, the book is gone. You go to lost and found, but no one has returned it. Later, you find out that someone took your book and sold it.

What crime was committed by the person who took your book?

larceny

How does larceny differ from embezzlement? Choose 2 answer choices.

It requires that the property is entrusted to the perpetrator.

The intent could include taking the property temporarily.

Clarence sneaks into his neighbor's yard and takes a bike to sell for cash. What crime could he have committed? Choose 2 answer choices.

Theft

Larceny

A jury finds Joe not guilty of murder. Investigators have found new evidence proving Joe's guilt, so the prosecutor in the case wants to charge and try Joe again. What prevents the government from doing this?

Double Jeopardy

A judge issues a warrant without probable cause. What protection will limit the usage of any evidence that is now gathered? Choose 2 answer choices.

Fourth Amendment

Exclusionary Rule

Which of the following provides notification to a criminal defendant in custody of the right to an attorney?

Miranda warning

Through which proceeding do prosecutors obtain an indictment?

grand jury

What is the prosecutor's burden of proof in a criminal case?

beyond a reasonable doubt

John approaches a stranger standing at John's car who appears to be about to break the window. Before the stranger sees him, John knocks him to the ground. What should John claim as a defense to the criminal battery charge?

defense of property

Jan claims she was having a hallucination as the result of her clinically diagnosed schizophrenia while committing a crime. This defense is known as:

insanity.

What must a prosecutor prove when the law requires mens rea?

intent

White-collar crime, which is usually committed by corporate or government officials, typically involves crimes committed for financial gain, such as: Choose 2 answers.

mail and wire fraud.

embezzlement.

A person may be subject to which of the following penalties for crimes committed under the Racketeer Influenced and Corrupt Organizations Act (RICO Act)?

fines, imprisonment, and forfeiture of property

A company issues a laptop computer to an employee for use at the business location only. The employee takes the laptop home to use for his or her own purposes and reports it as lost. This is an example of:

embezzlement.

How does the punishment for a misdemeanor differ from the punishment for a felony?

Misdemeanor fines are lower and imprisonment is usually limited to less than one year in jail.

Identifying the Facts and Issues

Ali Butler developed several software programs that generated cyberattacks. His programs were used to disrupt services of major companies like Google and Skype....

The elements that must exist for a person to be convicted of a crime include _____ and _____ .

1. actus reus

2. mens rea

If convicted, one of Butler's acts was ____ . Butler's mental state was _____ . In this case, Butler's computer held many usernames and passwords of third parties and information on his income from the company selling the hacking software. This admission likely would help establish _____.

1. using software to access other people's information

2. intent to access private information

3. mesn rea

Assume Butler engaged in this activity because he owed several thousand dollars in credit card debt. In his criminal case, he may try to argue duress. This _____ be a valid defense because _____.

1. would not

2. duress requires reasonable fear of immediate danger

An indictment would be used in federal district court in Butler's case to _____ . To convict Butler of a crime, the judge needs to believe _____ that Butler committed the elements of the crime without a valid defense. Based on these facts, Butler likely _____ be convicted of a crime.

1. formally charge him

2. beyond a reasonable doubt

3. could

The act of developing the software, without reasonable knowledge of the criminal activities, _____ a wrongful act. Under these facts, Butler had _____ of the plan to steal information and a wrongful mental state. Given Butler's act and mental state under these facts, Butler likely _____ commit a crime.

1. is not

2. no knowledge

3. did not

Luciana is a chemist specializing in developing cosmetic products....

Assume Luciana had never obtained a patent for any of her products or formulas. Luciana does not want other companies using them, however. When Luciana starts her company, she creates an employee handbook which states that all processes, formulas, and products encountered while employed with the company shall remain confidential. If an employee leaves the company to take a job with a competitor and discloses to the competitor the ideas Luciana Cosmetics has for an upcoming product release, is the employee liable for misappropriating a trade secret?

Yes, because it was not publicly available and gives the other company a competitive advantage.

Assume there has been legislation enacted that makes it illegal to register a domain name that is, "confusingly similar to the trademark of another." If Luciana Cosmetics' website is www.LucianaCosmetics.com, which of the following website addresses would a court likely consider to be infringing on the company's trademark?

www.LuvianaCosmetics.com

Can Luciana's product line be considered a counterfeit good under the Anti-Counterfeiting Trade Agreement (ACTA)?

No, because Luciana Cosmetics packaging does not bear a trademark identical to that of the original.

If a luxury brand brings a claim for trademark or trade dress infringement against Luciana Cosmetics, what is their best defense?

Fair Use

Does the laboratory technician have a claim against the CEO for infringement on her intellectual property?

Yes, because her role at the company was not one where she worked directly on that product as part of her job, and it was not the reason she was hired for the job.

Ernesto's Auto Body Shop, Corp. employed several mechanics and body experts, including Mitch who had worked as a mechanic for Ernesto's since the business opened....

Which of the following crimes has Janae committed?

No crime

If law enforcement is conducting an investigation into Nico's business dealings, would they be permitted to examine the records of Ernesto's Auto Body Shop and/or Sally's personal bank account without a warrant and against their wishes, for evidence of Nico's wrongdoing?

No, they do not have sufficient probable cause nor do they meet any warrant exception.

Can Ernesto's Auto Body Shop be held liable for money laundering and receiving stolen goods?

No, for either.

Are Sally's actions enough to possibly make her liable for racketeering under the Racketeer Influenced and Corrupt Organizations (RICO) Act?

Yes, because through her actions she participated in Nico's racketeering activity.

What defense, of the following, may Sally potentially raise on charges of receiving stolen property, if the parts she bought from Nico were, in fact, stolen?

Mistake of fact, because she didn't know for sure they were stolen.