Review for Exam 3

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TRUE-FALSE QUESTIONS
1. In a criminal trial, the defendant must be proven guilty by a preponderance of the evidence or beyond a reasonable doubt?
True

2. A preliminary hearing requires the prosecutor to present probable cause that the defendant committed the crime or requires that bond be set?

3. A misdemeanor or felony is a crime punishable by a fine or a jail sentence of less than one year?

4. Evidence illegally obtained by the police in violation of the Fourth Amendment will be excluded from trial whether or not the police acted in good faith?
True

5. The Racketeer Influenced and Corrupt Organizations Act (RICO) was originally designed to combat corporate crime? (Hint: No, organized crime…)
False

6. General partners or Limited Partners of a limited partnership remain jointly and severally liable for partnership obligations?

7. C corporations are taxed as a pass-through entity or as a separate entity?

8. Most general partnerships pay income taxes as a separate entity or as a pass-through entity?

MULTIPLE-CHOICE QUESTIONS

9. The term actus reus is often used to describe a criminal act or mind?

The individual must have performed actus*reus (criminal act) with mens*rea (guilty mind). An individual can perpetrate a crime against the corporate employer (e.g., the embezzlement) or for the benefit of the corporation (e.g., price<fixing).

10. Know that Criminal law protects society principally by punishing the criminal.

11. Probably Cause for arrest is defined as a reasonable belief that the suspect has committed a crime or is about to commit a crime.

12. Under the Miranda rule, a statement made by a defendant in custody is admissible only if the defendant was informed prior to police interrogation of his or her constitutional rights.

13. A Felony or a Misdemeanor is any crime that is punishable by death or imprisonment for more than one year?

14. Plea Bargaining is the process whereby the prosecutor agrees to reduce the charges in exchange for a guilty

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