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Business test 3 Flashcards

1
Q

What is a crime

A

Any act done by an individual in violation of the duties they owe society

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2
Q

Can one act result in both a civil and criminal trial?

A

yes

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3
Q

What is the primary source or rules if you will in criminal law?

A

statutes

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4
Q

What must be proven in criminal law and who must show it

A

beyond a reasonable doubt

prosecutor must show it

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5
Q

The prosecutor must show two things in criminal law, what are they

A

Act and Intent

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6
Q

There is an exception to intent, that automatically convicts someone, what is it

A

Strict liability

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7
Q

What is arraignment

A

when a defendant is accused of charges and asked to plea

3 kinds of plea- guilty, not guily, and nolo contendre

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8
Q

what is nolo contendre and its benefit

A

A no contest plea where your plead can’t be used in civil court against you

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9
Q

What is a plea bargaining

A

Defendant agrees to lesser crime in return for lesser sentence

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10
Q

What percentage of pleas come from plea bargaining

A

about 95%

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11
Q

What are the differences between felonies, misdemeanors, and infractions

A

Felony - punishment more than a year
Misdemeanor - punishment up to a year
Infraction - The least serious kind of offense

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12
Q

Whats is the 5th amendment and an exception

A

double jeopardy
keeps someone from being tried twice for the same crime
Exception: multiple crimes or jurisdictions

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13
Q

If guilty, can the defendant appeal in a criminal trial

A

yes

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14
Q

If innocent can the government appeal in a criminal trial

A

no

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15
Q

What is the fourth amendment and what are some exceptions

A

Free from unreasonable search or seizure

Plain view or consent

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16
Q

What is needed for a search warrant

A

probable cause - reasonable grounds

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17
Q

What does the exclusionary rule exclude

A

Any evidence obtained in violation of the fourth amendment

fruit of the poisonous tree

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18
Q

What is the 6th amendment

A

Right to public and speedy trial in criminal court

right to counsel

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19
Q

What is the 8th amendment

A

No cruel or unusual punishment

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20
Q

Miranda rights

A

Rights read to a person arrested for a potential crime
includes:
right to counsel (6th amendment)
right to due process (5th amendment)

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21
Q

What is Money laundering and what amount is tracked

A

engaging in financial transactions to conceal the identity of illegally attained funds
Over $10,000 deposited is tracked in banks

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22
Q

Extortion

A

Obtaining someones property by threatening fear, violence, or force

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23
Q

Explain the civil false claims act (whistle blower)

A

An employee of a government contract reports overbilling or fraudulant charges
Can receive between 15 and 30% of recovery

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24
Q

Embezzlement

A

Fraudulent conversion property of property by a person the property was entrusted to
-The key is entrusted

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25
Bribery
A bribe can be money, property, favors, or anything of value in corrupt payment
26
Can someone be found guilty of bribery even if bribe not accepted
yes, Bill Cunningham attempted to bribe
27
Insider Trading
You obtain insider information about a publicly traded corporation and use the info to benefit through corporate securities (or stock)
28
RICO: Racjeteer Influenced and Corrupt Organizations act
A member of an enterprise that has committed any two of 26 federal crimes within 10 years
29
White collar crimes
excuse generalization, but a crime working class people would commit
30
Civil Forfeiture
The government seizes property it believes was involved in a crime -No conviction necessary -Action filed against property itself state of texas v 2004 chevy silverado
31
What is an Inchoate Crime and an example of one
Incomplete crimes and crime committed by non-participants | -Criminal conspiracy- 2 or more enter an agreement to commit a crime
32
Defenses to Criminal law
Justifiable use of force-stand your ground and personal protection Insanity- Did not know the nature and quality of act Mistake- Mistake of act, not law Duress- wrongful threat induces one to commit crime Statute of Limitations- maximum time legality can take place in entrapment- was one more induced to commit that crime
33
Foreign Corrupt Practices Act
Allows companies in corrupt practices in other countries can be tried in the US
34
What is a contract?
An agreement enforceable by law
35
Are the terms of a contract public or private law
private
36
What are the two parties in a contract
The offerer and the offer
37
A bilateral contract is what
a promise for a promise
38
A unilateral contract is what
A promise for an act | can only be accepted by performance if an act
39
Can a unilateral contract be revoked when a substantial amount of the work has been completed
no
40
An express contract is
Fully stated orally or in writing
41
An implied contract must show
- Plaintiff provided property or services to defendant - Plaintiff expected to be paid and def. knew or should have known - Def. wad given opportunity to reject, but failed to do so
42
Quasi contract
No expressed or implied agreement A party gives a benefit with the expectation of getting paid used to avoid unjust enrichment
43
What is a limitation to a quasi contract (unnecessary)
If you provide a benefit to another unnecessarily or through negligence, you get nothing
44
Elements of an enforceable contract
``` Offer Acceptance Consideration Mutual meeting of the minds Capacity/ Legality ```
45
Offer
The offeror must intend the offer | Offers made in jest, anger, or excitement are not enforceable
46
Reasonable person standard (intent)
Intent to enter contract is judged by reasonable person standard -prevents scams
47
What are the elements of an offer
Must communicated to the offeree | The terms of the offer must be definite
48
Are advertisements offers?
No, they are invitations to negotiate
49
Is a request or invitation to bid an offer?
no
50
Does a counter offer reject a previous offer?
yes, the previous offer is then void
51
Who can legally accept an offer?
Only the offeree
52
Does the internet have enforce click on agreements
yes
53
Elements of consideration
Something of legal value must be given
54
Contracts lacking consideration
``` Gift promises can't be forced because they lack consideration Illusory promises (where parties can't perform without consequences) don't have consideration Preexisting duty- A promise to do something you already have a legal obligation to do Past Consideration- Promise made in return for action or events that have already taken place ```
55
Promissory Estoppel
No consideration, but you want the court to enforce it A person who has relied on a promise that was broken can recover monetary damages -clear and definite promise broken
56
Statute of frauds
State statute that requires certain types of contracts to be in writing - Normally important or complex ex. Things involving land, contracts that cannot be performed within one year, contracts for the sale of goods more than $500
57
Voidable contacts are because of what kinds of people
Minors Mentally incompetent persons Intoxicated persons
58
Are contracts with illegal activities legal
no
59
Licensing statutes are
contracts that need a licensed party or they are void
60
Types of performance and breach
``` Complete performance- contract is discharged Substantial performance (minor breach)- The non breaching party may recover damages caused by the breach Inferior performance (material breach)- The nonbreaking party may recover restitution or damages ```
61
Mitigation of Damages
Nonbreaching paerty is under legal duty to reduce damages caused by breach of contract
62
Mutual assent/ meeting of the minds
If there is misunderstanding, the contract is not valid

Business (6 decks)

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