LEGL 2700 EXAM QUESTIONS AND ANSWERS 100%
CORRECT LATEST UPDATE
Crime - ANSWER - a wrong against society
Elements of a Crime - ANSWER a) Mens Rea - mental state of whoever commits crime at
the time they commit the crime {guilty mind}
b) Actus Resus - in reference to the physical act, must be voluntary and conscience
{guilty act}
General Intent - ANSWER - intention to do the act that constitues the crime
Specfic Intent - ANSWER - intention to achieve the harmful result (example: willfully,
knowningly)
Reckless Conduct - ANSWER - some states have laws in place that enforce intent with
reckless conduct, could potentially harm someone
Felony - ANSWER - commenced by a Grand Jury Indictment
- Fine or imprisonment 1 year or more
Misdemeanor - ANSWER - commenced when the government files a charge called an
information
- Fine or imprisonment less than 1 year
Pleas - ANSWER 1) not guilty
2) guilty
,3) Nolo Contendere
- means no contest
- allows for sentencing as if there had been a guilty plea
- allows one to avoid the cost of trial
White Collar Crime - ANSWER - any illegal offense that takes place in a business or
professional environment to which the crime victimizes the business or for personal
benefit
- Most major businesses have compliance programs and internal audit systems put in
place in order to deter and detect these types of crimes
Fraud - ANSWER 1) defendant made a false statement
2) defendent knew the statement was false or was recklessly indifferent regarding its
truth
3) defendent intended for the other party to rely on the false statement
4) creates criminal liability
Civil vs Criminal Fraud - ANSWER - criminal law no body cares if it was intentional or not,
what they did was so bad that they must be punished
- reliance factor is not the same for civil
Fines/Imprisonment for Fraud - ANSWER - are applied to any person who knowingly and
willfully 1) falsifies, conceals, or covers up any trick, scheme, or device a material fact
2) makes any materially false, fictitious, or fraudulent statement or representation
3) makes or uses any false writing or document knowingly the same to contain
materially false, fictitious, or fraudulent statement or entry
Theft By Deception - ANSWER - A person intentionally creates or reinforces an
impression that is false - person fails correct an impression that is false, and that the
person does not believe to be true if there is a confidential or fiduciary relationship
between parties
, - a person pervents another from acquiring informantion that is relevant to a transaction
- a person fails to disclose a know lien or legal impediment to property being transferred
Mail and Wire Fraud (Federal Crime) - ANSWER - mail fraud - unlawful to use the US
Postal Services (or other any interstate carried like FedEx or UPS) to defraud someone
Wire Fraud - ANSWER - unlawful to use any electronic means of interstatement
communication to defraud someone
False - ANSWER - known to be untrue or made with reckless indifference to its truth or
falsity
Defraud - ANSWER - the material fact is vital to a reasonabale person in determining
whether to engage in a particular transaction
Intent - ANSWER - to act knowingly and with the specific intent to defraud someone
Class examples - ANSWER - phony invoice mailed in hopes to deceive someone that they
owe money (mail)
- spam calls over phone to the elderly hoping to scam them of their money (phone)
- wire fraud scamming individuals during tax season
Securities Fraud - ANSWER - rule 10b of the Securities and Exchange Commission along
with the Securities Exchange Act of 1934 make fraud in the purchase or sale of a
security fraud a federal crime
Health Care Fraud - ANSWER - prosecution of false claims under the False Claims Act
(investigations often aided by information revealed by whistleblower suits)
Health Care Fraud Examples - ANSWER 1) biling for services not actually performed
CORRECT LATEST UPDATE
Crime - ANSWER - a wrong against society
Elements of a Crime - ANSWER a) Mens Rea - mental state of whoever commits crime at
the time they commit the crime {guilty mind}
b) Actus Resus - in reference to the physical act, must be voluntary and conscience
{guilty act}
General Intent - ANSWER - intention to do the act that constitues the crime
Specfic Intent - ANSWER - intention to achieve the harmful result (example: willfully,
knowningly)
Reckless Conduct - ANSWER - some states have laws in place that enforce intent with
reckless conduct, could potentially harm someone
Felony - ANSWER - commenced by a Grand Jury Indictment
- Fine or imprisonment 1 year or more
Misdemeanor - ANSWER - commenced when the government files a charge called an
information
- Fine or imprisonment less than 1 year
Pleas - ANSWER 1) not guilty
2) guilty
,3) Nolo Contendere
- means no contest
- allows for sentencing as if there had been a guilty plea
- allows one to avoid the cost of trial
White Collar Crime - ANSWER - any illegal offense that takes place in a business or
professional environment to which the crime victimizes the business or for personal
benefit
- Most major businesses have compliance programs and internal audit systems put in
place in order to deter and detect these types of crimes
Fraud - ANSWER 1) defendant made a false statement
2) defendent knew the statement was false or was recklessly indifferent regarding its
truth
3) defendent intended for the other party to rely on the false statement
4) creates criminal liability
Civil vs Criminal Fraud - ANSWER - criminal law no body cares if it was intentional or not,
what they did was so bad that they must be punished
- reliance factor is not the same for civil
Fines/Imprisonment for Fraud - ANSWER - are applied to any person who knowingly and
willfully 1) falsifies, conceals, or covers up any trick, scheme, or device a material fact
2) makes any materially false, fictitious, or fraudulent statement or representation
3) makes or uses any false writing or document knowingly the same to contain
materially false, fictitious, or fraudulent statement or entry
Theft By Deception - ANSWER - A person intentionally creates or reinforces an
impression that is false - person fails correct an impression that is false, and that the
person does not believe to be true if there is a confidential or fiduciary relationship
between parties
, - a person pervents another from acquiring informantion that is relevant to a transaction
- a person fails to disclose a know lien or legal impediment to property being transferred
Mail and Wire Fraud (Federal Crime) - ANSWER - mail fraud - unlawful to use the US
Postal Services (or other any interstate carried like FedEx or UPS) to defraud someone
Wire Fraud - ANSWER - unlawful to use any electronic means of interstatement
communication to defraud someone
False - ANSWER - known to be untrue or made with reckless indifference to its truth or
falsity
Defraud - ANSWER - the material fact is vital to a reasonabale person in determining
whether to engage in a particular transaction
Intent - ANSWER - to act knowingly and with the specific intent to defraud someone
Class examples - ANSWER - phony invoice mailed in hopes to deceive someone that they
owe money (mail)
- spam calls over phone to the elderly hoping to scam them of their money (phone)
- wire fraud scamming individuals during tax season
Securities Fraud - ANSWER - rule 10b of the Securities and Exchange Commission along
with the Securities Exchange Act of 1934 make fraud in the purchase or sale of a
security fraud a federal crime
Health Care Fraud - ANSWER - prosecution of false claims under the False Claims Act
(investigations often aided by information revealed by whistleblower suits)
Health Care Fraud Examples - ANSWER 1) biling for services not actually performed
