Reference no: EM132295148
1. Angry at Barney, Fred gives Barney a forceful shove. Barney falls on the sidewalk and breaks his wrist. Fred is civilly liable for Barney's injury
A. if he intended to push Barney
B. if he intended to push Barney but did not intend to Barney to break his wrist
C. if he intended for Barney to break his wrist
D. if he had evil intent.
2. Billy hires Bob to move Billy's office furnishings and equipment from Billy's old office to his new office. Since his furnishings are being moved, Billy figures this would be a good time to take a vacation so he heads to the Bahamas. Bob successfully moves all of Billy's office furnishings and equipment with the exception of one 52 inch flat screen tv. While moving Billy's items, Bob noticed that Billy had several such tvs and figured Billy wouldn't notice one missing. Billy figures out that Bob did not deliver one of his tvs and calls the police. What crime did Bob commit?
A. embezzlement
B. trespass
C. robbery
D. burglary
E. larceny
3. Homer is walking along the street when he sees a pedestrian about to step into the street right in the path of a speeding car. Homer makes no effort to warn the pedestrian or to wave at the car to slow down. Instead Homer stops and watches the car run over the pedestrian. Homer is
A. liable if the pedestrian is injured in the accident
B. liable if the driver is injured in the accident
C. liable if either the driver or pedestrian is injured in the accident
D. not liable
4. The primary purpose of the exclusionary rule is to
A. encourage the accused criminal to volunteer evidence to help the prosecutor
B. discourage the police from violating constitutional rights
C. Both A and B
D. None of the above
5. It was October and Todd had been unemployed since August. Todd decided he needed some money so he started to read internet sites about how to run a con for profit. He decides to try the furnace gig. He goes to the Salavation Army Store and buys a blue workman's shirt with the name "Bob" in a circle above the left pocket. Todd grabs his toolbox and then goes into a neighborhood he knows has a large senior citizen population. Todd goes door to door. When an elderly person answers, he tells them he is conducting furnace checks. If they invite him in to check his furnace, he goes into the basement and then comes up a few minutes later and tells them they need an expensive part or their furnace will explode in just a matter of days. When the Senior's tell him they want him to fix their furnace, he tells them to write him a check for $400 and that he will pick up the necessary part tomorrow morning and then be back before noon to install it for them at no extra charge. Todd does this to 12 seniors in the neighborhood. He cashes their checks and lives on their money for the next couple of months. Todd doesn't know anything about furnaces and he never intended to fix the furnaces.
a. Todd has committed the crime of fraud
b. Todd has committed the tort to fraud
c. Todd has committed no crime. People have an obligation to be reasonable and prudent and that does not include being gullible.
d. None of the above
6. In a criminal case, the defendant must prove his case:
A. Beyond a reasonable doubt
B. By a preponderance of the evidence
C. By clear and convincing evidence
D. (B) and (C)
E. None of the above
7. Fred hires Barney to be the bookkeeper for Fred's new business. Barney's job involves documenting and cashing checks from accounts receivable and writing and mailing checks to vendors for accounts payable. After a few years in business, Fred becomes amazingly wealthy. Barney is earning a good salary for his work, but he is jealous of Fred so he decides to set up some shell companies and he sends himself fake bills from these shell companies and then writes checks to the shell companies. Barney cashes these checks through his shell company accounts but then withdraws the cash for himself.
a. Barney has committed the crime of larceny.
b. Barney has committed the crime of embezzlement.
c. Barney has not committed any crime
d. Barney has not committed any crime but he has engaged in conversion