CHAPTER 12 ASSESSMENT

1. Only the federal government prosecutes felonies.

A. True

B. False

2. Provide a brief definition of “crime.”

3. What is mala in se?

A. Conduct that a society declares is inherently wrong

B. Conduct that society prohibits

C. A person’s criminal intent

D. A criminal act

E. None of these is correct.

4. What element(s) must a government prove to show a crime has been committed?

A. Mens rea

B. Mala prohibita

C. Actus reus

D. Mens rea and mala prohibita

E. Mens rea and actus reus

5. What type of jurisdictional issue is a concern in a cybercrime case?

A. Original jurisdiction

B. Subject matter jurisdiction

C. Personal jurisdiction

D. Appellate jurisdiction

E. None of these is correct.

6. The ________ guarantees a defendant the right to a speedy trial.

7. The Computer Fraud and Abuse Act applies to any unauthorized access to any kind of computer.

A. True

B. False

8. Which federal laws can be used to prosecute phishing scams?

A. The Computer Fraud and Abuse Act

B. The Patriot Act

C. The CAN-SPAM Act

D. All of these are correct.

E. The Computer Fraud and Abuse Act and the CAN-SPAM Act

9. Cybertorts are most likely which type of tort?

A. Intentional torts

B. Negligent torts

C. Strict liability torts

D. Crimes

E. None of these is correct.

10. To prove an intentional infliction of emotional distress tort, a plaintiff must show that the defendant’s conduct is ________.

11. Internet service providers often have tort immunity for the actions of content providers.

A. True

B. False

12. What is the time period during which a plaintiff must begin a lawsuit?

A. Statute of frauds

B. Statute on liability

C. Statute of limitations

D. Pleadings statute

E. None of these is correct.

13. What is a defense to a defamation case?

A. Comparative negligence

B. Contributory negligence

C. Assumption of risk

D. The truth

E. None of these is correct.

14. The two types of defamation cases are ________.

15. What type of document must a plaintiff file to begin a civil lawsuit?

A. Answer

B. Discovery

C. Motion for Summary Judgment

D. Counter-claim

E. Complaint

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