,CUSTOMS BORDER PROTECTION EXAM
QUESTIONS WITH COMPLETE SOLUTIONS!!
Often, crimes are characterized as either malum in se-inherently evil-or malum
prohibitum- criminal because they are declared as offenses by a legislature.
Murder is an example of the former. Failing to file a tax return illustrates the
latter. Some jurisdictions no longer distinguish between crimes malum in se
and malum prohibitum, although many still do Answer - A) Many jurisdictions
no longer distinguish between crimes malum in se and malum prohibitum
B) Some jurisdictions still distinguish between crimes malum in se and malum
prohibitum
C) Some crimes characterized as malum in se are not inherently evil
D) Some crimes characterized as malum prohibitum are not declared by a
legislature to be an offense
E) Sometimes failing to file a tax return is characterized as malum in se
Answer: B - This question is concerned with classification of crimes into sets-
that is, with the classification of crimes as either malum in se or malum
prohibitum. The last phrase in the last sentence tells us that many jurisdictions
make the distinction between these two categories of crimes. Response B
follows from that sentence, because if many jurisdictions make the distinction,
some jurisdictions make the distinction. From the fact that many jurisdictions
make the distinction, it cannot be inferred that many do not make the
distinction. Therefore, Response A is incorrect.
,A trucking company can act as a common carrier-for hire to the general public
at published rates. As a common carrier, it is liable for any cargo damage,
unless the company can show that it was not negligent. If the company can
demonstrate that it was not negligent, then it is not liable for cargo damage. In
contrast, a contract carrier (a trucking company hired by a shipper under a
specific contract) is only responsible for cargo damage as spelled out in the
contract. A Claus Inc. tractortrailer, acting under common carrier authority, was
in a 5-vehicle accident that damaged its cargo. A Nichols Inc. tractor-trailer,
acting under contract carrier authority, was involved in the same accident, and
its cargo was also damaged. Answer - A) If Claus Inc. is liable, then it can show
that it was not negligent
B) If Claus Inc. cannot show that it was not negligent, then it is not liable
C) If Claus Inc. can show that it was not negligent, then it is not liable
D) If Nichols Inc. is liable, then it cannot show that it is negligent
E) If Nichols Inc. can show that it is not negligent, then it is not liable
Answer: C - The second sentence states the liability rule for common carriers:
all common carriers are liable for cargo damage unless they can show that they
are not negligent; if they can show that they are not negligent, then they are
not liable for cargo damage. Claus Inc. is a common carrier, and accordingly this
rule applies to it. From this rule it follows that if Claus Inc. can show it was not
negligent, then it is not liable, Response C. Response A contradicts this rule by
claiming that when Claus Inc. is liable it can show that it was not negligent.
Response B contradicts this rule by claiming that Claus Inc. is not liable even
when it cannot show that it is not negligent. Responses D and E concern
Nichols Inc., a contract carrier. However, the terms of the Nichols Inc. contract
were not disclosed in the paragraph, so neither response is supported.
, A rapidly changing technical environment in government is promoting greater
reliance on electronic mail (e-mail) systems. As this usage grows, there are
increasing chances of conflict between the users? expectations of privacy and
public access rights. In some investigations, access to all e-mail, including those
messages stored in archival files and messages outside the scope of the
investigation, has been sought and granted. In spite of this, some people send
messages through e-mail that would never be said face-to-face or written
formally. Answer - A) Some e-mail messages that have been requested as part
of investigations have contained messages that would never be said face-to-
face
B) Some messages that people would never say face-to-face are sent in e-mail
messages
C) Some e-mail messages have been requested as part of investigations
D) E-mail messages have not been exempted from investigations
E) Some e-mail messages contain information that would be omitted from
formal writing
Answer: A - This is an example of a test question with a negative lead-in
statement. It asks for the conclusion that is NOT supported by the paragraph.
That means that four of the statements are valid conclusions from the
paragraph while one is not. Response B (some messages that people would
never say face-to-face are sent in e-mail messages) is a valid conclusion
because it restates a fact given in the last sentence of the paragraph. Response
E (some e-mail messages contain information that would be omitted from
formal writing) is valid because it restates the other fact in the last sentence of
the paragraph.
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