Chapter 10 brief hypotheticals

Arthur is arrested for the crime of murder. Arthur denies that he committed the crime and is planning a vigorous defense. The state will be required to show evidence to prove its case:

a. beyond a reasonable doubt.
b. by completely rebutting all evidence raised by the defendant.
c. with clear and convincing evidence.
d. by preponderance of the evidence.
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Arthur is arrested for the crime of murder. Arthur denies that he committed the crime and is planning a vigorous defense. The state will be required to show evidence to prove its case:

a. beyond a reasonable doubt.
b. by completely rebutting all evidence raised by the defendant.
c. with clear and convincing evidence.
d. by preponderance of the evidence.
Jonas is arrested for the criminal offense of attacking and injuring a neighbor in the neighbor's front yard. After the arrest, Jonas is concerned about potential civil liability. Which of the following should he be concerned about relating to both criminal and civil liability in this case?

a. False imprisonment
b. Trespass to chattel
c. Conversion
d. Assault and battery
Morris owns a bicycle store. He often leaves Daniel in charge of the store. One Saturday evening, after Daniel leaves the store, Morris discovers that he is missing $900 from the register. If Daniel took the cash, he could be found guilty of the crime of:

a. robbery.
b. misappropriation.
c. embezzlement.
d. conversion.
Glenn gives Senator Smith $100,000 so that Senator Smith will make sure the federal government buys all its paper clips from Glenn's company in an upcoming vote on government suppliers. Glenn asks the Senator to keep the transaction confidential. Glenn has:

a. done nothing illegal.
b. engaged in money laundering.
c. committed the crime of bribery.
d. committed the crime of fraud.
Undercover agents of the Greenville Police invite Mack to purchase a stolen truck. Mack refuses initially, but the agents repeatedly visit Mack's home and businesses over a period of weeks, and eventually Mack agrees. If criminal charges are brought against Mack, he can assert the defense of:

a. mistake of law.
b. duress.
c. immunity.
d. entrapment.
Officer Pinkerton has an intuition that Jason's car contains illegal narcotics. Based on that intuition, he stops Jason's car and searches it. The search will be considered:

a. valid, because Officer Pinkerton has probable cause to search the vehicle.
b. invalid, because Officer Pinkerton does not have probable cause to search the vehicle.
c. invalid, because the search violates the Seventh Amendment of the U.S. Constitution.
d. valid, because Officer Pinkerton has a reasonable suspicion to search the vehicle.
A police officer notices the presence of a stolen car in Elena's driveway, seizes the car, and arrests her. Elena expected that her driveway was a private space. The Fourth Amendment's protection against searches and seizures would:

a. apply because Elena has a reasonable expectation of privacy.
b. not apply because the Fourth Amendment does not apply to private citizens.
c. apply because Elena actually expects privacy.
d. not apply because Elena's expectation of privacy is not one that society would consider reasonable.
Gunther wanted to find out the number of cases of tuberculosis in the northeast to include in the marketing brochure for his company's new pharmaceutical. He was previously an intern at the Center for Disease Control and knew some of the passwords for the system containing the information, though he never had been granted access himself. If Gunther uses the passwords to access the data and includes it in the brochure, has he committed a crime?

a. Yes, under the FCPA.
b. No, if he didn't disclose individuals' names but just statistical data.
c. No, because he was able to guess the passwords.
d. Yes, under the CFAA.