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Law Mid-Term > Corporate Criminal Liability > Flashcards

Corporate Criminal Liability Flashcards

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1
Q

What are the two basic principles of criminal law?

A
  1. Actus reus: The guilty act. It is an act the law seeks to prevent.
  2. Mens rea: The guilty mind. The state of mind at time of wrongful act.
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2
Q

What are three types of actus reus?

A
  1. Conduct crime: Actus reus is constituted by the behavior
  2. Result crime: Actus reus requires a particular consequence. Such as death for a murder
  3. Omission: No criminal liability for an omission to act unless a common law impose a positive duty to act
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3
Q

What are the characteristics of mens rea?

A
  • The mental state of the time of the offense

- Each crime specifies what mental state must be in order to be found guilty of that crime

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4
Q

What are the types of mens rea in the UK?

A
  1. Intention
  2. Recklessness
  3. Negligence
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5
Q

What is the one type of mens rea the US has that the UK does not?

A

Mens rea of Knowledge

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6
Q

What are the two types of intention?

A
  1. Direct intent: consequence of desire

2. Oblique intent: consequence is foreseen as virtually certain even it not specifically desired

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7
Q

What is the mens rea of recklessness?

A
  • Taking unjustifiable risk

- Test for recklessness is subjective

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8
Q

What is the mens rea of negligence?

A
  • Objective test
  • Failure to meet the standard of a reasonable person in that situation
  • Negligence must be gross to incur criminal liability
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9
Q

What is the difference between basic intent and specific intent?

A

Basic intent: Crimes that have mens rea of intent or recklessness

Specific intent: Crimes that only have mens rea of intent (direct or oblique)

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10
Q

What are strict liability crimes?

A
  • No mens rea needs to be proved

- Employer can be held liable for the strict liability offense committed by employees through vicarious liability

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11
Q

What is the doctrine of identification?

A
  • For legal purposes, a person is recognized as being the company. Needs at least one senior individual to be seen as ‘guiding mind’
  • Senior agent must himself be guilty
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12
Q

What a are requirements for corporate manslaughter?

A
  • No longer necessary to find one individual with mens rea

- General management failure at senior level will suffice (aggregation test)

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13
Q

What is the doctrine respondent superior?

A

Holds corporations liable for any agents acts, regardless of rank

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14
Q

What is doctrine of collective knowledge?

A

The guilt of one individual is not necessary. The mens rea and actus reus can be derived by adding together failings of several employees

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15
Q

What is the Model Penal Code?

A

The crimes should have been carried out by senior officers of the company

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16
Q

When are only employers liable and only employees liable?

A
  • Only employers liable: when the employer is primarily responsible for the circumstances. Action only taken against employee if shown recklessness
  • Only employee liable: if employee is not acting as agent of company but as private individual, for example insider trading
17
Q

What are the components of murder in the UK vs the US?

A

UK
Actus reus: unlawful killing of a human
Mens rea: with intent to kill

US
Actus reus: cause death or serious injury
Mens rea: purposely or knowingly

18
Q

What is constructive manslaughter?

A
  • Criminal set out to commit lesser criminal offense but has in the process killed a person
  • Actus reaus: unlawful, dangerous act
  • Mens rea: e.g. recklessness, held liable for death even where no mens real for killing
  • In US considered felony murder
19
Q

What is gross negligence manslaughter?

A
  • Performance of lawful act carried out with gross negligence
  • Duty of care owed to deceased
  • Breach of duty of care caused death
  • Negligence was so gross as to justify criminal liability
20
Q

What are five non-fatal offenses?

A
  1. Assault
  2. Battery
  3. Inflicting bodily harm
  4. Bodily harm with intent
  5. Assault causing actually bodily harm
21
Q

What are two categories of property offence?

A
  1. Property offence that require fraud, for example false accounting
  2. Property offenses that do not require fraud, for example theft
22
Q

What are four examples of non-fraudulent offenses?

A
  1. Theft
  2. Burglary
  3. Blackmail
  4. Criminal damage
23
Q

What are three ways of committing fraud in the UK?

A
  1. Fale representation
  2. Failing to disclose information
  3. Abuse of position
24
Q

What are specific corporate fraudulent offenses?

A
  1. False accounting

2. False statements

25
Q

What is insider trading?

A
  • Whe a person has inside information
  • and that information is price-sensitive in relation to securities
  • and he deals in those shares, ore encourages someone else to deal intros shares
  • punishment is fine or imprisonment
26
Q

What are corporate liability for bribery?

A
  • A company is liable when a senior agent of the company has offered a bribe or received one: doctrine of identification applies to this offense
  • In UK law it can also be liable for failing to prevent bribery. the doctrine of identification does not apply to this offense
  • Commercial organization must be able to show adequate procedures were in place

Law Mid-Term (7 decks)

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