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Legal Business 1 > Ch 13 Class Notes > Flashcards

Ch 13 Class Notes Flashcards

0
Q

Punishments

A

Fines, jail, community service

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1
Q

Criminal law

A

Government forces statue law against individual

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2
Q

Criminal law: state of proof for criminal cases

A

Beyond a reasonable doubt

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3
Q

Are criminal cases carried out swiftly?

A

Yes

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4
Q

Actus Rea

A

Perform a guilty act

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5
Q

Mens Rea

A

Guilty mind/intent

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6
Q

When is someone found guilty for fraud

A

Intent to defraud and acts on it

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7
Q

Most common defense for fraud?

A

Negligence: it wasn’t intentional

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8
Q

3 main classifications of crime, how long a prison sentence is served in the less severe categories?

A

1 felonies

2 misdemeanors (under 5 years)

3 summary offenses (under 90 days)

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9
Q

4 types of felonies and their sentences?

A

1 capital (death/life without parole)
2 first degree felonies (life)
3 2nd degree felonies (10 years)
4 3rd degree felonies (5 years)

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10
Q

Consent

A

Giving up 4th Ammendment

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11
Q

Terry patdown

A

If someone’s armed don’t need probable cause

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12
Q

2 things someone can be arrested for

A

1 felony

2 crime committed in presence of police

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13
Q

Does having a highway check point established by the city of Indianapolis for the discovery of illegal narcotics violate the 4th Ammendment of unreasonable search and seizure?

A

Ruled at time it wasn’t sufficient to have these searches

However special needs have been expanded since ruling

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14
Q

Special needs search, examples

A

Other stops are ok because designed to serve special
Needs beyond normal need for law enforcement

Ex. Immigration controls or DUI

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15
Q

Burgers junkyard has stolen auto parts. What do the police need to search it?

A

Warrant with probable cause

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16
Q

3 exceptions to 4th amendment

A

1 reasonable suspicion

2 special needs beyond scope of law enforcement (regulating)
Specific activities

3 officer’s affidavit in court to get search warrant

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17
Q

Reasonable suspicion examples

A

Hot pursuit, have weapon, belief evidence is being destroyed

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18
Q

3 guidelines under the 5th Ammendment

A

1 self-incrimination
2 due process
3 double jeopardy

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19
Q

Self incrimination

2) what can it be seen as?

A

Have right to not testify against yourself

2) can be seen as admission of guilt

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20
Q

Due process

A

Conduct investigation

Inform them what they’re being investigated for

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21
Q

Double jeopardy

A

Can’t go after the same person for same crime twice

If they’ve already been prosecuted

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22
Q

What does the 5th Ammendment not protect?

A

Doesn’t protect against handing over documents

23
Q

If an attorney files “motion to suppress”

2) what can it be used in

A

Anything from unreasonable search and seizure can’t be
used in criminal cases

2) can be used in civil cases

24
Q

Procedural protections: exclusionary rule

A

Evidence obtained in violation of 4th, 5th and 6th

Ammendments can’t be used against defendant

25
Q

Miranda Rule, requirements (am. 5, am. 6)

A

Required to be said by police to use evidence on date
Of arrest

AM V: right to remain silent (can be used against defendant)
AM VI: right to counsel

26
Q

Why do white collar crimes occur?

A

1 not personal

2 lack of regulation

3 human nature to be deceptive

27
Q

Securities fraud

A

Insider trading

28
Q

Counterfeiting

A

Currency of account access fraud

29
Q

Bankruptcy fraud

A

Debtor hides assets

Creditor files false claim

30
Q

6 constitutional protections under the 6th Ammendment

A 
1 speedy trial
2 trial by jury
3 public trial
4 confront witnesses
5 right to counsel
6 right to compulsory process
31
Q

6 common white collar crimes

A 
1 conspiracy
2 obstruction of justice
3 false statement to bank
4 false statement to federal agency 
5 embezzlement
6 bribery
32
Q

Conspiracy

A

Agreement to commit crime

33
Q

Example of obstruction of justice

A

Lying

34
Q

Embezzlement

A

Take property entrusted to you

35
Q

Bribery

A

Offering value for influence

36
Q

What happens to active participants who decide to withdraw from a conspiracy plan

A

They are still found guilty for association with any actors

Involved in the conspiracy

37
Q

5 common property crimes affecting business?

A 
1 robbery
2 burglary
3 larceny
4 obtaining goods under false pretenses
5 theft of trade secrets
38
Q

Robbery

A

Use of force/threat of force

39
Q

Burglary

A

Enter a structure to commit a crime

40
Q

Larceny

A

Carrying away property of another

41
Q

Example of obtaining goods under false pretenses

A

Use bad check/credit card

42
Q

Money laundering

A

Deposit money from criminal activity (dirty) into bank

account of legitimate business

43
Q

Racketeer Influenced & Corrupt Organizations Act (RICO)

A

One who commits 2 or more specified crimes within 10
Year period is guilty of racketeering,

a separate crime in Addition to committed crimes

44
Q

Why was RICO created

A

To prosecute members of mafia

45
Q

RICO: treble damages

A

Cover 3 times your damages under civil action

46
Q

Self defense

A

Reasonable force: all situations

Deadly force: only in defense in belief of death or serious
Bodily harm

47
Q

Mistake

A

No intention of mens Rea in crime

48
Q

Entrapment

A

Law enforcement gets someone to commit something

Unlawful unless already in business of committing crime

49
Q

If arrested, the first thing you want to do is?

A

Call a lawyer

50
Q

When a boss tells employees in a email to clean up their files, what crimes have been committed? Defense?

A

1 tampering with evidence: could be conspiracy claim

2 obstruction of justice

Defense: doing what boss said

51
Q

Failing to disclose a criminal conviction on a department of defense personnel security questionnaire

A

Equivalent of defrauding government

52
Q

When the contract says $10K , but the actual costs were $8k and joe and Harry split the $2,000. What crimes are committed?

A

Conspiracy and larceny

53
Q

If a CEO is charge with negligent homicide for bad safety standards, what is his defense?

A

Isn’t in charge of making those decisions

If knowledge if safety standards aren’t realized, that shows
Willfulness

54
Q

When is a crime not conspiracy?

A

When only involves 1 person

You need more than one person to agree on something

Legal Business 1 (25 decks)

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