LEG 320 Week 7 Quiz – Strayer
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Quiz 7 Chapter 12 and 13
CHAPTER 12
SEXUAL ASSAULT, RAPE, PROSTITUTION AND RELATED SEX CRIMES
MULTIPLE CHOICE
1. Sexual relations
(nonmarital) become a crime in the United States if
|
a.
|
there is a lack of
consent
|
|
b.
|
they are with a
minor incapable of legally consenting
|
|
c.
|
they are with a
mentally deficient person or an adult incapable of consenting
|
|
d.
|
all of these answers are correct
|
312
2. Sexual relations
(nonmarital) become a crime in the United States if
|
a.
|
they are performed
in public
|
|
b.
|
they are performed
for profit
|
|
c.
|
they
are between a therapist and a patient and in violation of the laws of that
state
|
|
d.
|
all of these answers are correct
|
312
3. The National
Institute of Justice defines rape as which of the following types of
penetration achieved through the use of force or threat of force?
|
a.
|
vaginal
|
|
b.
|
oral
|
|
c.
|
anal
|
|
d.
|
all of these answers are correct
|
312
4. What is the name
of the crime in which people of the same family have sex?
|
a.
|
rape
|
|
b.
|
sexual assault
|
|
c.
|
sexual battery
|
|
d.
|
incest
|
323-324
5. Rule 412 of the
Federal Rules of Evidence is an example of a
|
a.
|
rape shield law
|
|
b.
|
sexual predator law
|
|
c.
|
child pornography
law
|
|
d.
|
prostitution law
|
319-321
6. Rule 412 of the
Federal Rules of Evidence provides that in a criminal trial of a sexual assault
charge, evidence (1) offered to prove the victim engaged in other sexual
behavior, or (2) offered to prove the victim’s sexual predisposition, is
|
a.
|
inadmissible
|
|
b.
|
admissible
|
|
c.
|
inflammatory
|
|
d.
|
defensible
|
319-321
7. Which of the following
is not one of the exemptions to rape shield law’s prohibitions?
|
a.
|
evidence of
specific sexual behavior of victim offered to prove another person was the
source of semen or other physical evidence
|
|
b.
|
evidence of
specific past sexual contact between the victim and the accused, if offered
to prove consent
|
|
c.
|
evidence the
exclusion of which would violate the constitutional rights of the accused
|
|
d.
|
evidence offered to
prove the victim’s sexual predisposition
|
319-321
8. Under the rape shield
laws enacted in most states
|
a.
|
defendants
convicted of rape are sentenced to life in prison
|
|
b.
|
the rape victim can
submit a written statement instead of testifying at trial
|
|
c.
|
the victim may have
an advocate present with them at trial
|
|
d.
|
a rape victim’s past sexual conduct with people other than the
defendant may not be used at trial
|
319-321
9. Rape shield laws
were enacted to
|
a.
|
encourage the reporting of sexual assaults
|
|
b.
|
make it easier to
obtain convictions for rape
|
|
c.
|
make it easier to
obtain convictions for rape and encourage
the reporting
of sexual assaults
|
|
d.
|
make it more
difficult to obtain convictions for rape and discourage the
reporting of sexual assaults
|
319-321
10. Which of the
following are exceptions to the rape shield laws?
|
a.
|
evidence of
specific sexual behavior of victim offered to prove another person was the
source of semen or other physical evidence
|
|
b.
|
evidence of
specific past sexual contact between the victim and the accused, if offered
to prove consent
|
|
c.
|
evidence the
exclusion of which would violate the constitutional rights of the accused
|
|
d.
|
all of these are
exceptions to the rape shield laws
|
319-321
11. In most states,
honest mistake as to the age of the minor in a statutory rape case
|
a.
|
is a
well-recognized defense
|
|
b.
|
is not permitted as a defense
|
|
c.
|
is permitted as a
defense as long as the child gave consent
|
|
d.
|
none of the above
|
323
12. In State v.
Baker, the Iowa Supreme Court permitted a defendant in a rape case to offer
evidence that the victim had in the past made false rape claims against others.
Since such evidence is not about past sexual behavior, the court held the rape
shield law
|
a.
|
inapplicable
|
|
b.
|
invalid
|
|
c.
|
applicable
|
|
d.
|
valid
|
321
13. Sexual intercourse
with a minor female under the age stated by the criminal code, who is not the
wife of a perpetrator is the definition of what crime?
|
a.
|
statutory rape
|
|
b.
|
incest
|
|
c.
|
assault
|
|
d.
|
battery
|
321-323
14. Which of the
following is a basis for civil commitment of a sexual predator?
|
a.
|
pedophilia
|
|
b.
|
sociopathy
|
|
c.
|
schizophrenia
|
|
d.
|
psychosis
|
327
15. Because the goal of
the commitment was to furnish treatment to the sex offender, rather than punish
him for criminal conduct, it is generally held that these civil commitments do
not violate the
|
a.
|
Double Jeopardy
Clause or Ex Post Facto Clause of the U.S. Constitution
|
|
b.
|
Double Jeopardy
Clause of the U.S. Constitution.
|
|
c.
|
Ex Post Facto
Clause of the U.S. Constitution.
|
|
d.
|
none of these
answers is correct
|
327
16. Once civilly
committed, many sex offenders are
|
a.
|
never released
|
|
b.
|
released within a
year
|
|
c.
|
returned to prison
|
|
d.
|
released after they
are deemed cured
|
327
17. Which of the
following is NOT considered prostitution?
|
a.
|
engaging in sexual
relations with another person for a fee
|
|
b.
|
offering to engage
in sexual relations with another person for a fee
|
|
c.
|
requesting to pay a
fee to another person for sexual services
|
|
d.
|
engaging in sexual relations with a spouse
|
327-328
18. Persons who procure
customers for and provide assistance to prostitutes are called
|
a.
|
procurers
|
|
b.
|
pimps
|
|
c.
|
facilitators
|
|
d.
|
assistors
|
328-330
19. The owner of a
hotel who rented out rooms, knowing that rooms were being used for
prostitution, could
|
a.
|
not be convicted of
solicitation for this conduct alone
|
|
b.
|
be convicted of
solicitation for this conduct alone
|
|
c.
|
not be convicted of
solicitation if he or she were married
|
|
d.
|
be convicted of
solicitation if he or she were married
|
328-330
20. A defendant could
be convicted of pimping for prostitution by proof that the defendant
|
a.
|
lived off the
earnings of a person known by the defendant to be a prostitute
|
|
b.
|
supported the
defendant and knew she was a prostitute
|
|
c.
|
lived with the
defendant and knew she was a prostitute
|
|
d.
|
was married to the
defendant and knew she was a prostitute
|
328-330
21. The Communications
Decency Act passed by Congress in 1996, was found to be unconstitutional
because it violated which amendment to the U.S. Constitution?
|
a.
|
the 1st
Amendment
|
|
b.
|
the 2ndAmendment
|
|
c.
|
the 4th
Amendment
|
|
d.
|
the 5th
Amendment
|
334-338
22. Most statutes
regarding the offense of sexual touching require the state to prove the
touching was intentional, non-consensual, and
|
a.
|
involved adults
|
|
b.
|
was done for
commercial gain
|
|
c.
|
was done to arouse or gratify one’s sexual desire
|
|
d.
|
was obscene
|
332-334
23. What is the stated
purpose of the Prison Rape Elimination Act of 2003?
|
a.
|
to provide the
means and funds to reduce the incidence of sexual assaults in prisons in the
United States
|
|
b.
|
to provide the
means to reduce the incidence of sexual assaults in prisons in the United
States
|
|
c.
|
to provide the
funds to reduce the incidence of sexual assaults in prisons in the United
States
|
|
d.
|
none of these answers is correct
|
338-339
24. What child
pornography legislation was passed by congress to eliminate the problems in
earlier legislation?
|
a.
|
the Communications
Decency Act
|
|
b.
|
the Child
Pornography Prevention Act
|
|
c.
|
the
Child Online Protection Act
|
|
d.
|
none of these
answers is correct
|
334-338
25. In ACLU v.
Gonzales, a federal judge held that the Child Online Protection Act statute
was unconstitutional because it
|
a.
|
did not use the
least restrictive means to achieve the desired result
|
|
b.
|
was overbroad
|
|
c.
|
failed to meet the
reasonableness standard
|
|
d.
|
violated the 1st
Amendment
|
337-338
26. Most states divide
sexual assault into
|
a.
|
two or more degrees
|
|
b.
|
three or more
degrees
|
|
c.
|
four or more
degrees
|
|
d.
|
five or more
degrees
|
342
27. Which of the
following factors can increase the degree of sexual assault?
|
a.
|
force used
|
|
b.
|
a weapon used
|
|
c.
|
bodily injury
inflicted
|
|
d.
|
all of these
answers are correct
|
315-317
28. The Child Online
Protection Act (COPA)
|
a.
|
was enacted by
Congress in 1998
|
|
b.
|
prohibits
commercial internet communication that is harmful to minors
|
|
c.
|
was attacked as
unconstitutional
|
|
d.
|
all of these answers are correct
|
337-338
29. What kind of intent
is required for the crime of statutory rape?
|
a.
|
no specific intent
is required
|
|
b.
|
specific intent is
required
|
|
c.
|
real intent is
required
|
|
d.
|
harmful intent is
required
|
321-323
30. Civil commitment is
permissible only if it can be shown the person is a dangerous sexual predator
who poses a substantial threat to commit sexual offenses in the future, and
|
a.
|
that the person
cannot control his behavior
|
|
b.
|
that the person
represents a risk to minors
|
|
c.
|
that the person has
a history of violent behavior
|
|
d.
|
that the person has
at last three prior charges
|
327
TRUE/FALSE
1. Most states divide
sexual assault into two or more degrees.
2. It is a defense to
the charge of statutory rape that the defendant reasonably believed the person
was not a minor.
3. Pimping includes
not only securing clients for a prostitute, but also living off the prostitutes
illegal earnings.
4. The Child Online
Protection Act has been found unconstitutional by a Circuit Court of Appeal,
and the Supreme Court has denied review of that decision.
5. Under rape shield
laws at trial rape victims do not have to defend their reputations or past
sexual conduct with persons other than the defendant.
6. Members of either
sex may be convicted of pimping for prostitution.
7. The U.S. Supreme
Court has held that the 1996 Child Pornography Prevention Act was
unconstitutional because it failed to clearly identify what constituted
“indecent” or “patently offensive” material.
8. Aggravated rape is
handled the same in all states.
9. Sexual touching
laws often require a showing that the conduct was intended to arouse sexual
desire.
10. The U.S. Supreme
Court has stated that pedophilia is not a basis for civil commitment.
COMPLETION
1. Under some rape
statutes, it must be shown that the victim had a genuine and real fear that ____________ force would be used.
2. Most states divide
sexual assault into two or more .
3. Rape laws prohibit questioning of a rape victim if
the purpose of the questions is to expose the victim’s previous sexual history.
4. Before rape shield
laws, a victim’s __________ was
deemed “fair game” by defense lawyers.
5. One of the
purposes of statutory rape laws is the prevention of illegitimate _________.
6. In most states
forbidding statutory rape, a child cannot ___________ to having sexual intercourse with the defendant.
7. Statutory rape
requires no specific to have sex with a minor.
8. _________________
includes not only securing clients for a prostitute, but also living off the
prostitutes illegal earnings.
9. A majority of
states and the federal government do not require __________ as an element of the crime of child pornography.
10. In terms of sexual
harassment, the U.S. Supreme Court has held that a “______ or abusive” environment violates the law.
CHAPTER 13
THEFT
MULTIPLE CHOICE
1. “Property” is
divided into what two types?
|
a.
|
personal and
tangible
|
|
b.
|
personal and
intangible
|
|
c.
|
real and personal
|
|
d.
|
single ownership
and dual ownership
|
348
2. Two important
rights to property are
|
a.
|
ownership and title
|
|
b.
|
ownership and possession
|
|
c.
|
title and
disposability
|
|
d.
|
title and
immutability
|
348
3. A bailment, or
pledge, is an example of a legal situation where the person who
|
a.
|
has actual
possession does not have constructive possession
|
|
b.
|
has possession of an item, is not the owner of the property
|
|
c.
|
has the title to
the item does not have a right to possess the item
|
|
d.
|
has ownership of
the item but does not have title
|
348
4. What rule provides that a person who
receives money in good faith and for value given takes title to the money?
|
a.
|
the “money” rule
|
|
b.
|
the “title” rule
|
|
c.
|
the “nemo dat” rule
|
|
d.
|
the “bond” rule
|
348-349
5. A “taking” can
occur by
|
a.
|
acts of a stranger
|
|
b.
|
a trusted employee
|
|
c.
|
a spouse
|
|
d.
|
any of these
|
352
6. The “money” rule
is an exception to what other rule?
|
a.
|
the “securities”
rule
|
|
b.
|
the “title” rule
|
|
c.
|
the “nemo dat” rule
|
|
d.
|
the “bond” rule
|
348
7. The act of
obtaining physical possession or control of another’s property is known as
|
a.
|
taking
|
|
b.
|
stealing
|
|
c.
|
shoplifting
|
|
d.
|
burglary
|
349
8. The key to taking
is that the thief
|
a.
|
exercises
unauthorized dominion over the property
|
|
b.
|
exercises authorized
dominion over the property
|
|
c.
|
exercises a lack of
control over the property
|
|
d.
|
none of these
answers are correct
|
350
9. An employee who
steals money or property from their employer commits
|
a.
|
extortion
|
|
b.
|
bribery
|
|
c.
|
fraud
|
|
d.
|
embezzlement
|
353
10. Under the old
common law, the only property that could be stolen consisted of
|
a.
|
tangible personal property
|
|
b.
|
real estate and
items attached to the land
|
|
c.
|
documents such as
stocks and bonds
|
|
d.
|
all of these are
correct
|
354
11. Taking can occur by
|
a.
|
direct acts
|
|
b.
|
appropriating lost
or mislaid goods
|
|
c.
|
deception
|
|
d.
|
all of these are
correct
|
352
12. A joint owner “takes” the property of the
other joint owner if the taker had no right to use or keep the property and
|
a.
|
doing so infringes
on the rights of the joint owner
|
|
b.
|
doing so causes
harm to the joint owner
|
|
c.
|
doing so offends
the joint owner
|
|
d.
|
does so in a
suspicious manner
|
349-351
13. In which of the
following ways can the taking requirement be met in shoplifting?
|
a.
|
hiding retail goods
on the person
|
|
b.
|
taking the goods
out of the store
|
|
c.
|
exercising control
over goods inconsistent with the right of a shopper to possess goods prior to
sale
|
|
d.
|
all of these
answers are correct
|
358-360
14. Credit card theft
can be proved by showing that the defendant
|
a.
|
caused purchases to
be made with the number taken from another person’s credit card
|
|
b.
|
caused purchases to
be made with a card that had exceed its limit
|
|
c.
|
purchased stolen
merchandise
|
|
d.
|
shoplifted while
holding someone else’s wallet
|
365
15. What kind of intent
is required for the crime of theft?
|
a.
|
general
|
|
b.
|
specific
|
|
c.
|
concurrent
|
|
d.
|
reckless
|
357-358
16. The prosecution
must prove the same basic elements in a shoplifting case as in a trial for
|
a.
|
robbery
|
|
b.
|
theft
|
|
c.
|
extortion
|
|
d.
|
bribery
|
363-364
17. In a self-service
store, a “taking” occurs when the individual exercises control over the
merchandise
|
a.
|
and has exited the
store
|
|
b.
|
and has gone past
the last checkout counter
|
|
c.
|
and refuses to pay
when requested
|
|
d.
|
that is wholly inconsistent with the store’s continued rights
|
360
18. For store security to lawfully use force
in dealing with a shoplifter, it must be shown that the force was necessary and
reasonable
|
a.
|
in self-defense
|
|
b.
|
to prevent the
theft of store property
|
|
c.
|
to detain the
shoplifter
|
|
d.
|
all of these
|
360-363
19. If a shoplifter is
detained without probable cause, this would constitute
|
a.
|
false prosecution
|
|
b.
|
malicious arrest
|
|
c.
|
false arrest or imprisonment
|
|
d.
|
malicious detention
|
364
20. Many states have enacted what kind of
statutes to help protect businesses from civil suits brought by suspected
shoplifters?
|
a.
|
Shoplifting Detention Acts
|
|
b.
|
Non-criminal
Shoplifting Sanctions
|
|
c.
|
In Rem Civil
Forfeitures
|
|
d.
|
Civil Shoplifting
Remedies
|
363
21. Shoplifting detention acts (or
shopkeeper's privilege) grants merchants immunity from civil actions brought by
suspected shoplifters who were detained if the security personnel
|
a.
|
are licensed
security guards
|
|
b.
|
can demonstrate the existence of probable cause
|
|
c.
|
personally
witnessed the act of shoplifting
|
|
d.
|
captured the theft
on videotape
|
363
22. If a shopper in a
store is falsely accused of shoplifting in public but no criminal charges were
brought, it may give rise to a civil suit alleging
|
a.
|
slander
|
|
b.
|
libel
|
|
c.
|
false detention
|
|
d.
|
malicious
prosecution
|
364
23. Credit card theft
|
a.
|
requires that the
thief have actual possession of the card
|
|
b.
|
requires that the
thief take and carry away the card
|
|
c.
|
can occur merely by unauthorized use of a credit card number
|
|
d.
|
is a form of
embezzlement
|
365
24. Writing a bad
check, or one that “bounces”
|
a.
|
is always a crime
|
|
b.
|
may be a civil, but
not a criminal violation
|
|
c.
|
is a crime only if
the check is written in excess of $100
|
|
d.
|
may be a crime when the writer refuses to make good the check
|
366-367
25. Wrongfully signing a writing or
instrument in the name of the person who issued the writing or instrument, or
to whom it was payable is the crime of
|
a.
|
uttering
|
|
b.
|
theft
|
|
c.
|
forgery
|
|
d.
|
embezzlement
|
367
26. Putting into
circulation a check known to be worthless is the crime of
|
a.
|
theft
|
|
b.
|
uttering
|
|
c.
|
unlawful
presentation
|
|
d.
|
fraudulent
production
|
366-367
27. Creating a false
document, or altering an existing document, is the essence of
|
a.
|
forgery
|
|
b.
|
uttering
|
|
c.
|
counterfeiting
|
|
d.
|
fraudulent
procurement
|
367
28. The crime of
uttering may be committed by presenting to a store clerk
|
a.
|
a stolen credit
card
|
|
b.
|
a stolen debit card
|
|
c.
|
counterfeit currency
|
|
d.
|
a post-dated check
|
366-367
29. Which of the
following is an example of a check-kiting scheme?
|
a.
|
a person has two
accounts and deposits a large check from one to the other
|
|
b.
|
a person has two
accounts and deposits a large check from one to the other, then fraudulently
withdraws money from the account before the check clears
|
|
c.
|
a person has two
accounts and deposits a large check from one to the other knowing the check
will bounce
|
|
d.
|
a person has two
accounts and deposits a forged check in one of the accounts
|
368-370
30. Property ownership
may be in the form of
|
a.
|
sole ownership
|
|
b.
|
business partners
|
|
c.
|
husband and wife
|
|
d.
|
all of these answers are correct
|
349
TRUE/FALSE
1. A person may have
lawful possession of property yet not be the owner.
2. Taking and keeping
lost or mislaid goods is not a crime.
3. Check-kiting
involves two bank accounts.
4. Credit card theft can be proved by
showing the defendant was in actual possession of a stolen credit card.
5. A person must
leave the store without paying for goods before a theft occurs.
6. Generally, to detain a suspected
shoplifter, security personnel must have proof beyond a reasonable doubt.
7. When a forged check is presented for
payment, the felony offense of theft by deception is committed.
8. Uttering is most often committed when a
person presents a forged instrument for payment.
9. Hiding retail goods
on the person can constitute taking in a shoplifting crime.
10. The crime of
forgery may involve creation of a fake document with intent to defraud.
COMPLETION
1. A ___________ refers to the act of obtaining physical possession or
control of another’s property.
2. Credit card theft can be proved by
showing the defendant was in actual of a stolen card.
3. The crime of ________________ forbids a person already in lawful possession of
property from fraudulently converting it to his own use.
4. The “ ” rule is necessary to make
sure money is freely negotiable.
5. A joint owner “ ” the property of the other joint
owner if he/she had no right to use or keep the property and doing so infringes
on the rights of the joint owner.
6. Exercising control over the goods with the right of a shopper to possess goods
prior to sale can constitute taking in a shoplifting crime.
7. ________________ is the form of theft
that occurs most frequently in any retail business.
8. To detain or arrest a shoplifter, store
personnel generally have to have reasonable grounds, or ___________.
9. When a forged instrument is presented
for payment, the crime of __________ has
been committed.
10. Altering an existing document or creating
a false document with intent to defraud are examples of the crime of ___________.
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