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BUSN 430: Legal and Social Environment of Business > Ch 9 - Criminal Law > Flashcards

Ch 9 - Criminal Law Flashcards

1
Q

Nena, a police officer, wants to search the offices of Operational Business Corporation. She asks Judge Pearl to issue a warrant. Under the Fourth Amendment, no warrant for a search can be issued without

A.) reasonable doubt.

B.) double jeopardy.

C.) indictment.

D.) probable cause.

A

D.) probable cause.

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2
Q

Picking pockets is robbery.

A.) True

B.) False

A

B.) False

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3
Q

Maura enters a convenience store and points a gun at the clerk Nate. She then forces Nate to open the cash register and give her all the money. Maura will most likely be charged with

A.) burglary

B.) larceny

C.) robbery

D.) receiving stolen property.

A

C.) robbery

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4
Q

Kimberly, the owner of Little Cinema, trusts her employee Max to manage the theater’s daily cash flow. One night, without Kimberly’s knowledge or consent, Max takes and keeps $1,000 from the receipts. This is most likely

A.) burglary.

B.) robbery.

C.) embezzlement.

D.) larceny.

A

C.) embezzlement.

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5
Q

Sun-Hi, who operates a Pan-Asian restaurant in her apartment, is charged with criminal violations of the local health and building codes, state license regulations, and federal environmental statutes. The standard of proof to find a defendant who has been charged with a crime guilty is

A.) beyond a reasonable doubt.

B.) clear and convincing evidence.

C.) a preponderance of the evidence.

D.) a unanimous verdict.

A

A.) beyond a reasonable doubt.

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6
Q

Corporations, like persons, can be liable for crimes.

A.) True

B.) False

A

A.) True

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7
Q

The crime of theft or stealing is known as ________ in criminal law.

A.) burglary

B.) larceny

C.) receiving stolen goods

D.) obtaining goods by false pretenses

A

B.) larceny

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8
Q

Edie uses television ads to defraud millions of people. She can most likely be charged with

A.) wire fraud.

B.) embezzlement from a federal official.

C.) robbery.

D.) larceny.

A

A.) wire fraud.

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9
Q

Criminal law can be created by

A.) legislatures only.

B.) legislatures or court decisions.

C.) legislatures or court decisions or administrative rulings.

D.) legislatures or court decisions or administrative rulings or prosecutor discretion.

A

A.) legislatures only.

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10
Q

A person cannot be tried in civil court for a tort and in criminal court for a crime arising out of the same occurrence due to double jeopardy protections.

A.) True

B.) False

A

B.) False

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11
Q

What is criminal law?

A

Government sues private persons for a wrong against society.

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12
Q

Why are procedural safeguards in place to protect the rights of defendants in criminal law?

A
  • The state has more resources than private persons.

- Sanctions are so severe.

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13
Q

Criminal sanctions are designed to:

A

punish those who commit crimes and to deter others from committing similar acts in the future.

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14
Q

Who is the party who brings suit in civil law?

A

The person who suffered harm.

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15
Q

Who is the party who brings suit in criminal law?

A

The state.

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16
Q

What is the wrongful act in civil law?

A

Causing harm to a person or to a person’s property.

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17
Q

What is the wrongful act in criminal law?

A

Violating a statute that prohibits some type of activity.

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18
Q

What is the burden of proof in civil law?

A

The preponderance of the evidence.

Under this standard, the plaintiff must convince the court that, based on the evidence presented by both parties, it is more likely than not that the plaintiff’s allegation is true.

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19
Q

What is the burden of proof in criminal law?

A

Beyond a reasonable doubt.

Must prove that each and every element of the crime was beyond a reasonable doubt.

The prosecutor must prove beyond a reasonable doubt that the defendant has committed every essential element of the offense with which she or he is charged.

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20
Q

What is the verdict in civil law?

A

A three-fourths majority (typically)

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21
Q

What is the verdict in criminal law?

A

Unanimous (almost always)

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22
Q

What is the remedy in civil law?

A

Damages to compensate for the harm or a decree to achieve an equitable result.

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23
Q

What is the remedy in criminal law?

A

Punishment (fine, imprisonment, or death) to deter others.

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24
Q

What is a felony?

A

A crime—such as arson, murder, rape, or robbery—that carries the most severe sanctions, ranging from more than one year in a state or federal prison to the death penalty.

** More than 1 year in prison

25
Q

What is a misdemeanor?

A

A lesser crime than a felony, punishable by a fine or incarceration in jail for up to one year.

** Less than one year of incarceration

26
Q

What is a petty offense?

A

The least serious kind of criminal offense, such as a traffic or building-code violation.

Some jail time, fines, or both.

27
Q

What two elements normally must exist before a person can be held liable for a crime?

A
  1. ) The performance of a prohibited act (actus reus).

2. ) A specified state of mind or intent on the part of the actor (mens rea).

28
Q

What is mens rea?

A

A specified state of mind or intent on the part of the actor.

Or recklessness/criminal negligence enough

Wrongful State of Mind: Behaved in a manner that was criminally negligent.

29
Q

What is actus reus?

A

The performance of a prohibited act.

30
Q

Strict liability and overcriminalization:

A

An increasing number of laws and regulations have imposed criminal sanctions for strict liability crimes—that is, offenses that do not require a wrongful mental state, or malice, to establish criminal liability. Critics say that such laws lead to overcriminalization.

31
Q

What is strict liability in regards to criminal law?

A

Some offenses do not require a wrongful mental state for criminal liability.

32
Q

What is overcriminalization?

A

The point of view that there are far too many federal laws/regulations that carry criminal (rather than civil) penalties.

33
Q

What is the criminal liability of a corporate entity?

A

Everyone is responsible for their own torts and crimes, in addition, businesses can be responsible for the torts and crimes of their agents –> who we supervise

  • Crimes must occur within the scope of employment.
  • Corporations can be held criminally liable when they FAIL to fulfill certain statutory duties.
  • No incarceration for a corporation, but fines and license revocation are possible
34
Q

What is the criminal liability of corporate officers and directors?

A

Personal liability for crimes committed by corporate directors and officers.

35
Q

What is a violent crime?

A

A crime that causes others to suffer harm or death.

36
Q

Under criminal law, are assault and battery violent crimes?

A

Yes, they are typically known to be charged together.

37
Q

What is burglary?

A

Unlawful entry.

Not a violent crime, does not require an element of force or fear.

38
Q

Is robbery considered a violent crime?

A

Yes, because you need force or fear.

39
Q

What is larceny?

A

Stealing or theft.

Larceny is NOT a violent crime –> does not need force or fear - think pickpocketing

40
Q

What is obtaining goods by false pretenses?

A

Theft involving trickery.

41
Q

What is the crime of receiving stolen goods?

A

The receipt of goods one knows were or should have known were illegally obtained.

42
Q

What is arson?

A

The intentional burning of a building.

43
Q

What is a forgery?

A

The fraudulent making or altering of writing that changes legal rights of another.

44
Q

What are public order crimes?

A

Contrary to public morals and values - often harm the offender.

  • “Victimless” Crimes
  • Public drunkenness
  • Prostitution
  • Gambling
  • Illegal drug use
45
Q

What are white-collar crimes?

A

Crimes that are committed within a legitimate business context.

46
Q

What is embezzlement?

A

Someone within that organization is diverting funds from that business to themselves.

47
Q

What are mail/wire frauds?

A

Using the mail or wire service in order to commit your crime –> mailing, depositing a check, wiring funds

48
Q

What is bribery?

A

Offering something of value to someone in an attempt to influence that person.

Becomes the crime at the time that the bribe was offered, whether or not it was accepted.

49
Q

What is the foreign corrupt practices act?

A

The act that prohibits U.S. businesspersons from bribing foreign officials to secure beneficial contracts.

50
Q

What is bankruptcy fraud?

A

Federal bankruptcy law exists so if someone is unable to make it, private person or company, they can file a bankruptcy petition to try to secure a discharge in bankruptcy for their debt.

Federal bankruptcy law allows individuals and businesses to be relieved of oppressive debt through bankruptcy proceedings.

51
Q

What is the theft of trade secrets?

A

Theft of a form of intellectual property that can be extremely valuable for many businesses

Example:
Recipes

52
Q

What is insider trading?

A

If we know information only because of our role within an organization and we use that information in order to help ourselves but the public doesn’t know about that ability

53
Q

What is organized crime?

A

Operates in illegitimate business (white collar crime within legitimate business)

54
Q

4th Amendment Protections

A

A search warrant needs probable cause

- reasonable expectation of privacy

55
Q

5th amendment protections

A

Procedural due process of law - is the process fair

Substantive due process - Does it meet the smell check - is it a fair law?

Double Jeopardy - Defendant cannot be tried for a crime if they’ve already been acquitted for the same crime –> Applies to criminal actions only!!! In other words, can be tried for the same thing in civil, then criminal.

Self-incrimination - this applies to only people, not corporations

56
Q

6th amendment protections

A

Right to Speedy Trial
Right to Jury Trial
Right to Public Trial
Right to Confront Witnesses
Right to Counsel — right to court-appointed counsel when facing incarceration
–> there is no right to counsel for speeding tickets or on the civil side of law - because you don’t face incarceration

57
Q

8th amendment rights

A

Prohibits excessive bail and fines

Prohibits cruel and unusual punishment

58
Q

What is the exclusionary rule?

A

Prevents evidence obtained illegally or without a proper search warrant from being admissible.

59
Q

Defenses to criminal liability:

A

Use of Force – Deadly v. Nondeadly

Necessity

Insanity – doesn’t mean someone goes home –> institution instead of prison

Mistake – took someone else’s phone by mistake because they look the same

Duress – pressure from someone else that you had no other choice

Entrapment – officer …

Statute of Limitations

Immunity – plea bargain, entered into an agreement

BUSN 430: Legal and Social Environment of Business (10 decks)

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