COB 318 MCCARTHY EXAM 2 | COMPREHENSIVE BUSINESS STUDY
GUIDE, PRACTICE QUESTIONS & ANSWERS 2026/2027
burden of proof - ANS ✔✔prove guilt beyond reasonable doubt-99%- OJ simpson
actus reas - ANS ✔✔guiltu act-almos all crimes, to kill with malice or forethrough is not a crime
mens rea - ANS ✔✔guilty mind, criminal intent
criminal recklessness - ANS ✔✔consience disregard of a subtabtial and unjustifiable risk must cause
harm
Criminal Negligence - ANS ✔✔take substantial +unjustified and foreeeable risk act causes harm-
involuntary manslaughter
strict liability - ANS ✔✔statute removes mens rea reqs
Felony v. Misdemeanor - ANS ✔✔felony= 365+ days misdeameanor= 365- days
violent crimes - ANS ✔✔violence + threat of violence to being
property crimes - ANS ✔✔unauthorized take or use of property:
-forgery, larsony(wrongful taking), theft by fraud-lying to obtain something of value
----theft by fraud case: wisconsin vs steffes
public order crime - ANS ✔✔public morals(drunkness, prostituion, gambling, drug use)
white collar crime - ANS ✔✔mail/wire fraud, bribery, kickbacks, money laundering,
embezzlement(People v Sisuphone)-wronful taking of employer/clients money
corporate crimes - ANS ✔✔life + liberty + property; General Motors infinition switch case-recall not
done-124 people involved-too big so they charged whole corp(dpa/npa)-900$ mil in fines
Racketeer Influenced and Corrupt Organizations Act (RICO) - ANS ✔✔-any person, participates in
criminal enterprise, commits 2 or more illegal acts over a 10 yr period,10 year period and disgorse all
profits
failure to meet burden of proof - ANS ✔✔government failts to prove that you committed the crime
beyond reasonable doubt
self defense - ANS ✔✔protect yourself, house or property
-duty or retreat: you feel threat and must retreat
-castle doctrine: feel threat in home, yard, workplace, you can defend with equal force
-stand your ground: Virginia; if threat of great bodily harm or death, defend yourself with equal force
, insanity - ANS ✔✔cognitive incapacity negates mens rea removes criminal intent elemtnt of accused
crime
marten test - ANS ✔✔at time of act, person ddint know that act was wrong
Irresistable Impulse test - ANS ✔✔time of act, person knew behavior was wrong but could not stop
themselves
substantial capacity test - ANS ✔✔at time of act, person lacked capacity to apprreciate behavior was
wrong or to conform their behavior to the law
necessity - ANS ✔✔time of act, it was necessary for person to behave in way to avoid greater harm
duress - ANS ✔✔bank being robbed; clerk has gun towards head and giving money; cannot be used as
defense to murder
statue of limitaitons - ANS ✔✔after some time pass: govt can not charge person with a crime for
engagine in otherwise illegal act
va-misdeameanors= 1 year, tax crimes = 3 years, violent crimes(no statute of limits)
mistake of fact - ANS ✔✔person made mistake of fact thtat negates mens rea and removes criminal
intent element
-accidentally shot father in law bc he thought he was intruder
-not defense for crime(drug laws in different states)
entrapment - ANS ✔✔law enforcement suggestst that person commit crime and then induces person to
commit crim
-postal service investigation paradigm
fifth amendment - ANS ✔✔protection against double jeopardy, self-incrimination, and punishment
without due process of law.
Sixth Amendment - ANS ✔✔includes the right to counsel, the right to confront witnesses, and the right
to a speedy and public trial.
Eight Amendment - ANS ✔✔forbids excessive bail and cruel or unusual punishment
-death penalty is not cruel
Miranda Rights - ANS ✔✔in Miranda v. Arizona.-right to be let known of due process rights( 5,6,8
amendments)
Fourth Amendment - ANS ✔✔Protects against unreasonable search and seizure
search requirements - ANS ✔✔probable cause, warrant, specific serarch parameters
automobile exception - ANS ✔✔US v Ross
can search car if probable cause without warrant
GUIDE, PRACTICE QUESTIONS & ANSWERS 2026/2027
burden of proof - ANS ✔✔prove guilt beyond reasonable doubt-99%- OJ simpson
actus reas - ANS ✔✔guiltu act-almos all crimes, to kill with malice or forethrough is not a crime
mens rea - ANS ✔✔guilty mind, criminal intent
criminal recklessness - ANS ✔✔consience disregard of a subtabtial and unjustifiable risk must cause
harm
Criminal Negligence - ANS ✔✔take substantial +unjustified and foreeeable risk act causes harm-
involuntary manslaughter
strict liability - ANS ✔✔statute removes mens rea reqs
Felony v. Misdemeanor - ANS ✔✔felony= 365+ days misdeameanor= 365- days
violent crimes - ANS ✔✔violence + threat of violence to being
property crimes - ANS ✔✔unauthorized take or use of property:
-forgery, larsony(wrongful taking), theft by fraud-lying to obtain something of value
----theft by fraud case: wisconsin vs steffes
public order crime - ANS ✔✔public morals(drunkness, prostituion, gambling, drug use)
white collar crime - ANS ✔✔mail/wire fraud, bribery, kickbacks, money laundering,
embezzlement(People v Sisuphone)-wronful taking of employer/clients money
corporate crimes - ANS ✔✔life + liberty + property; General Motors infinition switch case-recall not
done-124 people involved-too big so they charged whole corp(dpa/npa)-900$ mil in fines
Racketeer Influenced and Corrupt Organizations Act (RICO) - ANS ✔✔-any person, participates in
criminal enterprise, commits 2 or more illegal acts over a 10 yr period,10 year period and disgorse all
profits
failure to meet burden of proof - ANS ✔✔government failts to prove that you committed the crime
beyond reasonable doubt
self defense - ANS ✔✔protect yourself, house or property
-duty or retreat: you feel threat and must retreat
-castle doctrine: feel threat in home, yard, workplace, you can defend with equal force
-stand your ground: Virginia; if threat of great bodily harm or death, defend yourself with equal force
, insanity - ANS ✔✔cognitive incapacity negates mens rea removes criminal intent elemtnt of accused
crime
marten test - ANS ✔✔at time of act, person ddint know that act was wrong
Irresistable Impulse test - ANS ✔✔time of act, person knew behavior was wrong but could not stop
themselves
substantial capacity test - ANS ✔✔at time of act, person lacked capacity to apprreciate behavior was
wrong or to conform their behavior to the law
necessity - ANS ✔✔time of act, it was necessary for person to behave in way to avoid greater harm
duress - ANS ✔✔bank being robbed; clerk has gun towards head and giving money; cannot be used as
defense to murder
statue of limitaitons - ANS ✔✔after some time pass: govt can not charge person with a crime for
engagine in otherwise illegal act
va-misdeameanors= 1 year, tax crimes = 3 years, violent crimes(no statute of limits)
mistake of fact - ANS ✔✔person made mistake of fact thtat negates mens rea and removes criminal
intent element
-accidentally shot father in law bc he thought he was intruder
-not defense for crime(drug laws in different states)
entrapment - ANS ✔✔law enforcement suggestst that person commit crime and then induces person to
commit crim
-postal service investigation paradigm
fifth amendment - ANS ✔✔protection against double jeopardy, self-incrimination, and punishment
without due process of law.
Sixth Amendment - ANS ✔✔includes the right to counsel, the right to confront witnesses, and the right
to a speedy and public trial.
Eight Amendment - ANS ✔✔forbids excessive bail and cruel or unusual punishment
-death penalty is not cruel
Miranda Rights - ANS ✔✔in Miranda v. Arizona.-right to be let known of due process rights( 5,6,8
amendments)
Fourth Amendment - ANS ✔✔Protects against unreasonable search and seizure
search requirements - ANS ✔✔probable cause, warrant, specific serarch parameters
automobile exception - ANS ✔✔US v Ross
can search car if probable cause without warrant
