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Business Law > Chapter 5 > Flashcards

Chapter 5 Flashcards

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Civil Procedure 1L flashcards MBE flashcards MPRE flashcards
1
Q

Crime

A

Action that violates a federal, state or local criminal law. Only the government can bring criminal charges

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2
Q

Civil Law

A

Deals with private rights and remedies, monetary or equitable damages are sought by a private party, there is no jail time, fees, fines

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3
Q

Criminal Law

A
  • Government brings the action, trial occurs 1st before any civil trials against the same defendant where there is jail time, fines and fees sought.
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4
Q

Felonies

A

They are more serious than misdemeanors, classifications (class a, and class b) and degrees (1st degree, 2nd degree) denote severity of criminal charge.

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5
Q

Violent Crimes

A

Murder, Rape, Armed Robbery, Assault, Battery, Property Crimes: Burglary, Theft, Receipt of stolen goods, White collar crimes: Embezzlement, bribery, fraud, money laundering.

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6
Q

Punishment

A

Depends on category under which person is convicted. Most heinous crimes may carry death penalty, imprisonment/crimes, unable to own a firearm, removal from public office.

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7
Q

Criminal Negligence

A

Depends on category under which person is convicted. Most heinous crimes may carry death penalty, imprisonment/crimes, unable to own a firearm, removal from public office.

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8
Q

Standard of Conviction

A

When a defendant should have been aware of the risks of their actions, even if they didn’t intend to cause harm

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9
Q

Examples of Criminal Negligence

A

Drunk Driver driving the wrong way down the highway

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10
Q

Actus Reus

A

: Government must prove beyond a reasonable doubt that accused committed the crime

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11
Q

Mens Rea

A

crime had the necessary intent of mind

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12
Q

If mens rea and actus reus are present?

A

Guilt can be established

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13
Q

The 5th amendment is better known as the ?

A

Miranda Rights

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14
Q

Miranda Rights are?

A

rights must be read if a person is accused of or being held in suspicion of a crime. 5th amendment right to remain silent (any statements made can be used as evidence against you in court)
-Right to be represented by counsel, if accused cannot afford an attorney, one will be provided by the court.

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15
Q

The statues of limitation

A

Vary by case and crime but in unsolved murders, they may never run out

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16
Q

What is the purpose of an alibi?

A

is meant to raise doubt in the minds of the jurors

17
Q

Affirmative Defenses

A

Even if prosecutor’s claims are true, other facts prevent the claims from consulting the crime (Intoxication, Insanity, Self-Defense)

18
Q

Entrapment

A

Law enforcement sets a trap to lure someone into committing a crime he/she has no intention of committing.

19
Q

If evidence is improperly obtained?

A

evidence is excluded (exclusionary rule), referred to as the fruit of poisonous tree.

20
Q

Warrants are needed for?

A

search of property, persons or seizure of property. It is issued by a judge or magistrate, with the exception for the clause of hot pursuit. Law enforcement officials must show probable cause to obtain a warrant.

21
Q

What is arraignment ?

A

The accused is placed under arrest. Booked at police station, photographed and fingerprinted. The arraignment is the court appearance of the accused

22
Q

What can the alleged guilty plead?

A

guilty, nolo contendere (no contest), or innocent.

23
Q

After the defendant pleads what happens?

A

Judge may release the accused or require bail, and sets court date.

24
Q

For a violent criminal or someone who might flee before trial, what may a judge do with their bail?

A

Set it so high that they cannot post, or held without bail.

25
Q

What is a plea bargain?

A

where the defendant pleads guilty to charges or lesser charge or pleads no contest in exchange for lowered punishment

26
Q

A part of criminal cases where parties do their own investigations?

A

Discovery

27
Q

When do parties exchange witness and exhibit lists?

A

Right before trial

28
Q

The prosecution must disclose what type of evidence to a defendant?

A

Exculpatory

29
Q

The defendant has no obligation to disclose what?

A

Prosecution evidence showing guilt.

30
Q

The defendant must be found of what during a trial?

A

Guilty beyond a reasonable doubt

31
Q

If the jury finds the defendant innocent is the case over?

A

Yes

32
Q

Double Jeopardy?

A

Prevents a defendant from being tried a 2nd time for the same crime.

33
Q

If the jury cant agree on a verdict what is declared?

A

A mistrial

34
Q

Who will decide whether to proceed against a defendant again?

A

A prosecutor.

Business Law (11 decks)

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