White Collar Chapter 9 Quiz

Question 1 of 33

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who identified several other differences between criminal and civil law:

Select one of the following:

  • Mark Smith

  • John Carter

  • John Coffee Jr

Question 2 of 33

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Today, virtually all environmental statutes include criminal provisions. Although they differ on the degree of liability.

Select one of the following:

  • Violations of the Pollution Act

  • Violations of the Clean Air Act

  • Violations of the Rights Act of 1964

Question 3 of 33

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The role of intent is greater in

Select one of the following:

  • Civil Law

  • Criminal law

  • Environmental Law

Question 4 of 33

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Many constraints have limited full implementation of the environmental law enacted since the early

Select one of the following:

  • 1980s

  • 1970s

  • 1990s

Question 5 of 33

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Criminal law focuses on the creation of risk rather than on

Select one of the following:

  • action

  • actual harm

  • fragments

Question 6 of 33

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Regulatory agencies have often been unwilling or unable to implement environmental crime laws fully.

Select one of the following:

  • True

  • False

Question 7 of 33

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Criminal law insists on greater evidentiary certainty and is less tolerant of procedural informality

Select one of the following:

  • true

  • false

Question 8 of 33

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Judges have been reluctant to impose the criminal penalties permitted by the law on

Select one of the following:

  • criminal offenders

  • violation of public law

  • environmental offenders

Question 9 of 33

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Criminal law relies on

Select one of the following:

  • public enforcement

  • the private sector

  • the federal government

Question 10 of 33

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Criminal law involves the deliberate imposition of punishment and the maximization of stigma and censure.

Select one of the following:

  • false

  • true

Question 11 of 33

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Written law produced by state and federal regulatory agencies as opposed to government bodies (thus, some disagreement exists as to whether administrative law is law in the full conventional sense or merely a “body of rules”); many of the activities classified as white collar crime are violations of administrative rather than statutory law.

Select one of the following:

  • Civil Law

  • Case Law

  • Administrative Law

  • Criminal Law

Question 12 of 33

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A body of law based on court opinions and rulings on previous cases; important in white collar crime in that it often establishes precedent for criminal prosecution. Case law is a product of appellate court opinions and has played an important role in the realm of white collar crime for several years

Select one of the following:

  • Antitrust Law

  • Case Law

  • Administrative Law

  • Civil Law

Question 13 of 33

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Law that concerns itself with private, individual harms and objective responsibility, focused mainly on compensating an individual party for measurable harm suffered.

Select one of the following:

  • Constitutional law

  • case law

  • administrative law

  • civil law

Question 14 of 33

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Statutory law based on the U.S. and state constitutions. The Commerce Clause of Article I, Section 8 of the Constitution authorized Congress to make laws regulating commerce between the states and provided one basis for federal intervention in the affairs of private businesses.

Select one of the following:

  • case law

  • constitutional law

  • criminal law

  • civil law

Question 15 of 33

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Product of appellate court opinions and has played an important role in the realm of white collar crime for several years.

Select one of the following:

  • case law

  • constitutional law

  • civil law

  • antitrust law

Question 16 of 33

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Law directed against monopolistic practices that interfere with the operation of a truly free market.

Select one of the following:

  • administrative law

  • constitutional law

  • civil law

  • antitrust law

Question 17 of 33

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To ensure that regulatory agencies would act fairly, with appropriate attention to due process, but it also imposed some limits on judicial powers to rule on or overturn agency actions.

Select one of the following:

  • Just Deserts

  • Sherman Act

  • Administrative Procedure Act

  • Instrumentalist Perspective

Question 18 of 33

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Banned efforts to “prevent full and free competition” and also prohibited combinations that tended to raise the cost to the consumer and actions causing a “restraint in trade” that could lead to monopolies.

Select one of the following:

  • Sherman Act

  • Cross Designation

  • Executive Lawmaking

Question 19 of 33

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In the relatively few cases in which state prosecutors pursue corporations, they often do so in a cooperative venture with local and federal prosecutors.

Select one of the following:

  • Structuralist Perspective

  • Cross Designation

  • Positive Sanctions

Question 20 of 33

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Lawmaking that occurs through the executive (presidential) control of agencies that investigate, enforce, and prosecute crime.

Select one of the following:

  • Executive Lawmaking

  • Antitrust Law

  • Class Action Lawsuits

Question 21 of 33

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An independent agency in 1914 as the federal government’s principle weapon against trusts. It is also empowered to:
Contend with unfair and deceptive business practices, including deceptive advertising, that defraud consumers
Issue trade regulation rules
Require businesses to produce various forms of information
Prevent unfair competition and anticompetitive mergers

 

Select one of the following:

  • Occupational Disqualification

  • The Rivers and Harbor Act of 1899

  • Federal Trade Commission

Question 22 of 33

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Special prosecutors appointed in politically sensitive cases who are not directly supervised by the administration in power.

Select one of the following:

  • Independent Counsel

  • Equity Fines

  • Potent Prosecutor Weapon

Question 23 of 33

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Conflict theory perspective on lawmaking which sees the law as reflective of the elite class’s control over the state in a capitalist society, and serving the purposes of that class.

Select one of the following:

  • Positive Sanctions

  • Instrumentalist Perspective

  • Structuralist Perspective

Question 24 of 33

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Progressive perspective on lawmaking which envisions the state as “relatively autonomous” and committed to the system’s long-term survival, rather than to advancing the specific interests of capitalist elites and entities.

Select one of the following:

  • Structuralist Perspective

  • Compliance Approach

  • Instrumentalist Perspective

Question 25 of 33

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Punitive approach associated with the ancient rationale of retribution for wrongdoing, and based on the assumption that the system should ensure that offenders receive the penalty they deserve.

Select one of the following:

  • Restorative Justice

  • Deterrence

  • Just Deserts

Question 26 of 33

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Established both the supremacy of the Constitution and the Court’s own right of judicial review.

Select one of the following:

  • Marquicio v. Madison

  • Marbury v. Madison

  • Mistretta v. United States

  • Mistretta V. Madison

Question 27 of 33

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1989 case in which the U.S. Supreme Court upheld the constitutionality of the U.S. Sentencing Commission and the federal sentencing guidelines established in the Sentencing Reform Act of 1984.

Select one of the following:

  • Mistretta v. United States

  • Maria v. United States

  • Madison v. United States

Question 28 of 33

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Punitive measures applied through criminal law, civil and administrative law, and nongovernmental systems of social control; for white collar crimes, they include imprisonment, fines, and occupational disqualification for individual offenders, and loss of charter, fines, and adverse publicity for organizations.

Select one of the following:

  • Negative Sanctions

  • Positive Sanctions

Question 29 of 33

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The loss of a professional license or other credential needed to practice a business or a profession; a punitive deterrent that incapacitates offenders by depriving them of opportunities for committing their occupationally related crimes. Rehabilitation, as a penal objectives is not fulfilled by occupational disqualification.

Select one of the following:

  • Rehabilitation

  • Occupational Disqualification

  • Equity Fines

Question 30 of 33

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Inducements such as grants, bounties, fees, loan guarantees, prizes, awards, tax credits, favorable administrative considerations, indulgences, and other incentives used to obtain cooperation in a criminal prosecution or to encourage whistleblowers to come forward.

Select one of the following:

  • Negative Sanctions

  • Positive Sanctions

  • Punishment

Question 31 of 33

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The most recent rationale for penal responses to crime; in the case of conventional offenders, it most often involves the teaching of skills to succeed in legitimate professions, but in the context of white collar crime, is more likely to be a moral reformation that involves personal realization of the wrongfulness of their conduct and a willful repudiation of such conduct in the future.

Select one of the following:

  • Deterrence

  • Restorative Justice

  • Rehabilitation

Question 32 of 33

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Moralistic or normative response to crime that emphasizes the opportunity for redemption and reintegration of the offending individual or corporation back into the community, rather than stigma and punishment that segregate the offender from the community and push them into further crime and deviance.

Select one of the following:

  • Reintegrative Shaming

  • Margaret Affair

  • False Claims

Question 33 of 33

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Federal guidelines on criminal sentencing, adopted as part of the Comprehensive Crime Control Act in 1987, which were designed to create a more uniform and equitable sentencing scheme for the criminal justice system.

Select one of the following:

  • Restorative Justice

  • Special Prosecutors

  • Sentencing Guidelines

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White Collar Chapter 9 Quiz

alejousmc1985
Quiz by , created over 3 years ago

Quiz on White Collar Chapter 9 Quiz, created by alejousmc1985 on 29/07/2013.

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