Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Business > Business test 3 > Flashcards

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

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

A

yes

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

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

A

statutes

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

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

A

beyond a reasonable doubt

prosecutor must show it

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

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

A

Act and Intent

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

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

A

Strict liability

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

What is a plea bargaining

A

Defendant agrees to lesser crime in return for lesser sentence

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

What percentage of pleas come from plea bargaining

A

about 95%

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

If guilty, can the defendant appeal in a criminal trial

A

yes

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

If innocent can the government appeal in a criminal trial

A

no

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

What is the fourth amendment and what are some exceptions

A

Free from unreasonable search or seizure

Plain view or consent

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

What is needed for a search warrant

A

probable cause - reasonable grounds

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

What does the exclusionary rule exclude

A

Any evidence obtained in violation of the fourth amendment

fruit of the poisonous tree

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

What is the 6th amendment

A

Right to public and speedy trial in criminal court

right to counsel

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

What is the 8th amendment

A

No cruel or unusual punishment

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

Extortion

A

Obtaining someones property by threatening fear, violence, or force

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

Embezzlement

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Q

Bribery

A

A bribe can be money, property, favors, or anything of value in corrupt payment

26
Q

Can someone be found guilty of bribery even if bribe not accepted

A

yes, Bill Cunningham attempted to bribe

27
Q

Insider Trading

A

You obtain insider information about a publicly traded corporation and use the info to benefit through corporate securities (or stock)

28
Q

RICO: Racjeteer Influenced and Corrupt Organizations act

A

A member of an enterprise that has committed any two of 26 federal crimes within 10 years

29
Q

White collar crimes

A

excuse generalization, but a crime working class people would commit

30
Q

Civil Forfeiture

A

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
Q

What is an Inchoate Crime and an example of one

A

Incomplete crimes and crime committed by non-participants

-Criminal conspiracy- 2 or more enter an agreement to commit a crime

32
Q

Defenses to Criminal law

A

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
Q

Foreign Corrupt Practices Act

A

Allows companies in corrupt practices in other countries can be tried in the US

34
Q

What is a contract?

A

An agreement enforceable by law

35
Q

Are the terms of a contract public or private law

A

private

36
Q

What are the two parties in a contract

A

The offerer and the offer

37
Q

A bilateral contract is what

A

a promise for a promise

38
Q

A unilateral contract is what

A

A promise for an act

can only be accepted by performance if an act

39
Q

Can a unilateral contract be revoked when a substantial amount of the work has been completed

A

no

40
Q

An express contract is

A

Fully stated orally or in writing

41
Q

An implied contract must show

A
  • 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
Q

Quasi contract

A

No expressed or implied agreement
A party gives a benefit with the expectation of getting paid
used to avoid unjust enrichment

43
Q

What is a limitation to a quasi contract (unnecessary)

A

If you provide a benefit to another unnecessarily or through negligence, you get nothing

44
Q

Elements of an enforceable contract

A 
Offer
Acceptance 
Consideration 
Mutual meeting of the minds
Capacity/ Legality
45
Q

Offer

A

The offeror must intend the offer

Offers made in jest, anger, or excitement are not enforceable

46
Q

Reasonable person standard (intent)

A

Intent to enter contract is judged by reasonable person standard
-prevents scams

47
Q

What are the elements of an offer

A

Must communicated to the offeree

The terms of the offer must be definite

48
Q

Are advertisements offers?

A

No, they are invitations to negotiate

49
Q

Is a request or invitation to bid an offer?

A

no

50
Q

Does a counter offer reject a previous offer?

A

yes, the previous offer is then void

51
Q

Who can legally accept an offer?

A

Only the offeree

52
Q

Does the internet have enforce click on agreements

A

yes

53
Q

Elements of consideration

A

Something of legal value must be given

54
Q

Contracts lacking consideration

A 
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
Q

Promissory Estoppel

A

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
Q

Statute of frauds

A

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
Q

Voidable contacts are because of what kinds of people

A

Minors
Mentally incompetent persons
Intoxicated persons

58
Q

Are contracts with illegal activities legal

A

no

59
Q

Licensing statutes are

A

contracts that need a licensed party or they are void

60
Q

Types of performance and breach

A 
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
Q

Mitigation of Damages

A

Nonbreaching paerty is under legal duty to reduce damages caused by breach of contract

62
Q

Mutual assent/ meeting of the minds

A

If there is misunderstanding, the contract is not valid

Business (6 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions