Question

In: Accounting

41-Quay, the owner of RV Park, trusts Sara to manage the resort’s daily cash flow. One...

41-Quay, the owner of RV Park, trusts Sara to manage the resort’s daily cash flow. One night, without Quay’s knowledge or consent, Sara takes and keeps $1,000 from the receipts. This is most likely

a.

embezzlement.

b.

no crime.

c.

robbery.

d.

larceny.

42-Olinda, an employee of People’s Bank, deposits into her account checks entrusted to the bank through its ATM system by customers to deposit into their accounts. This is

a.

embezzlement.

b.

robbery.

c.

wire fraud.

d.

larceny.

43-Franny is charged with a crime. Almost all federal courts and some state courts would not hold Franny liable if, at the time of the offense, as a result of a mental disease or defect, she lacked substantial capacity to obey the law and to appreciate

a.

the wrongfulness of her conduct.

b.

the power of the police.

c.

the fruits of her crime.

d.

the authority of the court.

44-Quint, an employee of Reservations Inc. pays Sienna, an employee of Reservations’ competitor Travel Inc., for a list of Travel’s clients. This is most likely

a.

bribery of a public official.

b.

no crime.

c.

commercial bribery.

d.

bribery of a foreign official.


45-Lloyd is accused of a crime. Evidence of his allegedly criminal activities can be excluded from a trial

a.

if the evidence will be used to prosecute him.

b.

if the evidence is “fruit of the poisonous tree.”

c.

under no circumstances.

d.

if the police do not promise to keep the evidence confidential.

Solutions

Expert Solution

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41-Quay, the owner of RV Park, trusts Sara to manage the resort’s daily cash flow. One night, without Quay’s knowledge or consent, Sara takes and keeps $1,000 from the receipts. This is most likely
This is embezzlement because of the trust. Sara was entrusted to keep record of daily cash flow. She broke the trust by taking small amount $ 1000 from the receipts.
42-Olinda, an employee of People’s Bank, deposits into her account checks entrusted to the bank through its ATM system by customers to deposit into their accounts. This is
This is wire fraud because the amount is transferred electronically to the personal account.
43-Franny is charged with a crime. Almost all federal courts and some state courts would not hold Franny liable if, at the time of the offense, as a result of a mental disease or defect, she lacked substantial capacity to obey the law and to appreciate
a. the wrongfulness of her conduct.
As per American Law Institute of Penal Code 1985 a person is not responsible for the crime conducted by him/her if he/she suffers from mental disease.
44-Quint, an employee of Reservations Inc. pays Sienna, an employee of Reservations’ competitor Travel Inc., for a list of Travel’s clients. This is most likely
This is commercial bribery because employee of Reservations Inc. paid money to the employee of Travel Inc. who is the competitor of Reservations Inc. for some confidential document.
45-Lloyd is accused of a crime. Evidence of his allegedly criminal activities can be excluded from a trial
b. if the evidence is “fruit of the poisonous tree.”
Evidence is inadmissible if the defendants move to suppress evidence provided by police or prosecutors in violation of their constitutional rights, including Fourth Amendment right against warrant less searches and seizers, Fifth amendment right
against self incrimination and sixth amendment right to an attorney in a criminal case. Evidence obtained in violation of defendants right is called “fruit of the poisonous tree.”

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