Chapter 8-16 Pearson Quiz Questions

A(n) ________ is defined as any act by an individual in violation of those duties that he or she owes to society and for the breach of which the law provides that the wrongdoer shall make amends to the public.

crime

________ crimes are inherently evil.

A. Mala prohibita

B. Misdemeanor

C. Statutory

D. Res ipsa loquitur

E. Mala in se

E. Mala in se

Oliver drives home from a bar after drinking 15 tequila shots and his blood alcohol level is well over the legal limit. Oliver could be arrested for having committed a ________ crime.

A. specific intent

B. strict liability

C. evil intent

D. general intent

E. nonintent

B. strict liability

A party may enter a plea of _____, whereby the accused agrees to the imposition of a penalty but does not admit guilt.

A. nolo contendere

B. suffrage

C. remittitur

D. voluntary dismissal

E. involuntary dismissal

A. nolo contendere

At Jerry's arraignment, Jerry does not wish to plead guilty because Jerry's mother and grandmother are in attendance, even though he knows the state has enough evidence to convict him. In order to avoid pleading guilty, Jerry may enter a plea of _____, whereby he agrees to the imposition of a penalty but does not admit guilt.

nolo contendere

Which of the following is NOT true about criminal jury trials?

A. If a mistrial is declared due to a hung jury, the government is required to retry the case.

B. A defendant found guilty in a criminal trial has the right to appeal their conviction.

C. If a defendant is found not guilty, the government cannot appeal the verdict.

D. A criminal defendant can only be found guilty if the jury's verdict is unanimous.

E. If all but one juror agrees the defendant is guilty, the jury is considered hung, and a mistrial may be declared.

A. If a mistrial is declared due to a hung jury, the government is required to retry the case.

_______ is the intentional unlawful killing of a human being by another person that is not premeditated or planned in advance.

Second-degree murder

_______ is the intentional unlawful killing of a human being by another person that is not premeditated or planned in advance and that is committed under circumstances that would cause a person to become emotionally upset.

Voluntary manslaughter/third degree murder

The crime of ________ is the fraudulent conversion of property by a person to whom that property was entrusted.

embezzlement

Penny tells Bernadette that if she does not give her $5,000, she will tell Howard (Bernadette's husband) that Bernadette slept with Raj. This is referred to as the crime of ________.

extortion

What law makes it a federal crime for a third party to use an electronic, mechanical, or other device to intentionally intercept, disclose, or use the contents of any oral, wire, or electronic communication of another party at the point of transmission, while in transit, and after receipt by the intended recipient?

Wiretap act

The ________ Amendment to the U.S. Constitution protects persons and corporations from overzealous investigative activities by the government.

Fourth

What law authorizes federal, state, and local law enforcement agencies located in the United States to issue warrants directly to U.S. technology companies to obtain users' electronic data that is stored in foreign countries?

CLOUD Act

Which of the following would likely be considered an unreasonable search?

A. a warrantless search where evidence is in "plain view"

B. a warrantless search of a suspect's cell phone

C. a warrantless search incident to arrest

D. a warrantless search in exigent circumstances, such as when it is likely that evidence will be destroyed

E. a warrantless search supported by the probable cause standard

B. a warrantless search of a suspect's cell phone

What of the following is NOT recognized under federal law?

accountant-client privilege

The ________ Amendment to the U.S. Constitution protects criminal defendants from cruel and unusual punishment.

Eighth

Jeremia was found not guilty of arson after a trial in state court. He cannot be tried again for this crime because the ________ of the ________ Amendment protects persons from being tried twice for the same crime.

Double Jeopardy Clause; Fifth

If an oral contract that should have been in writing under the Statute of Frauds is already​ executed, ________.

A. the contract is voidable

B. either party can seek to rescind the contract

C. neither party can seek to rescind the contract

D. the contract is void

E. the contract is null

C. neither party can seek to rescind the contract

Which of the following types of contracts does NOT need to be in writing under the Statute of​ Frauds?

A. real estate​ agent's contracts

B. finder's fee contracts

C. leases of goods with payments of​ $1,000 or less

D. promises to write a will

E. contracts to pay debts discharged in bankruptcy

C. leases of goods with payments of​ $1,000 or less

Suppose Echo enters into an oral contract to sell James her vintage Fender guitar for​ $10,000, with the delivery date to be May 1. When May 1 comes and James tenders​ $10,000 to​ Echo, Echo refuses to sell her guitar to James. Which of the following is a correct statement regarding the enforceability of the oral contract between Echo and​ James?

A. The contract will not be enforced against Echo because it was an oral contract for the sale of goods costing​ $500 or more.

B. The contract will be enforced against​ Echo, since the oral contract can be modified.

C. The contract will be enforced against​ Echo, provided that James can introduce evidence sufficient to establish that the oral contract existed.

D. The contract will not be enforced against Echo because the Uniform Contracts Code requires that contracts for the sale of goods valued at​ $5,000 or more must be in writing to be enforceable.

E. The contract will not be enforced against Echo because common law requires that contracts for the sale of goods valued at​ $10,000 or more must be in writing to be enforceable.

A. The contract will not be enforced against Echo because it was an oral contract for the sale of goods costing​ $500 or more.

Under Section​ 2-201(1) of the​ UCC, contracts for the sale of goods priced at​ ________ or more must be in writing to be enforceable.

500

Under the UCC Statute of​ Frauds, lease contracts requiring payments of​ ________ or more must be in writing.

1000

Any oral or written words outside the four corners of a written contract are known as​ ________.

parol evidence

Francine is a successful attorney in Houston with a thriving practice.​ Francines's grandparents call Francine on the phone and promise to leave their farm to her in their will if she moves her family from Texas to Wisconsin and manages their cheese factory. Francine does so and takes a significant salary cut. Several years​ later, when the grandparents pass​ away, Francine discovers that they never changed their will to leave her the farm. Which of the following is​ true?

A. The promise needed to be in writing to be enforceable.

B. Francine did not act in reliance on the promise.

C. The promise is invalid under the Parol Evidence Rule.

D. It was not reasonable to expect the grandparents to leave Francine the farm.

E. Francine may enforce the promise under the equitable doctrine of promissory estoppel.

E. Francine may enforce the promise under the equitable doctrine of promissory estoppel.