Exam 1 Flashcards
What are the sources of criminal statutes?
Federal Law, State Law, County Law, Municipal Code, Administrative Law, Tribal Courts
What are the types of criminal law felonies?
Murder, Robbery, Manslaughter, Rape, Sodomy, Larceny, Arson, Mayhem, Burglary
Define Robbery.
Taking of personal property from the presence of the victim by use of force or fear.
The victim is aware of the theft when it takes place.
Define Larceny.
Wrongful taking of the personal property of another with intent.
What are fiduciary duties?
Loyalty, Obedience, Reasonable Care, Accounting, Information, No competition with principal
What is Respondeat Superior?
The employer is responsible for the negligent torts of his employee when the act is committed within the scope of employment.
What are the elements of tort liability?
Intentional Torts, Torts based on negligence, Strict liability in tort
Define Assault.
To place someone in fear of immediate unwelcome contact.
Define Battery.
Intentional, non-privileged, non-consensual, harmful touching of another.
What is Shopkeeper’s Privilege?
Permits the store owner to detain a suspected shoplifter based on reasonable suspicion for a reasonable time.
What is Emotional Distress in tort law?
Intentional extreme behavior directed at another.
What is Defamation?
A false statement by one party about another to a third party.
What is the difference between Slander and Libel?
Slander is spoken defamation, while Libel is visual defamation.
What is Absolute Privilege?
Complete defense against the tort of defamation.
What is Conditional/Qualified Privilege?
Media privilege to print false information without liability, as long as there’s correction and no malice.
What is Product Disparagement?
Basically defamation but against a company’s product; slander of title or trade libel.
What is Trespass?
Wrongful intrusion upon someone’s property.
What are the qualities of torts based on negligence? (Prima Facia)
Voluntary Act, Breach of a duty of care, Proximate cause, Damage/injury
What is Strict liability in tort?
Doesn’t matter if acting prudential, the defendant has all liability in these three areas: Maintenance of Hazardous Conditions, Harboring Wild animals, Product Liability.
What is Contributory Negligence?
Negligence of Plaintiff that contributed to injury/damages.
What is Comparative Negligence?
Plaintiff will receive reduced damages based on their own negligence.
What is Assumption of Risk?
Plaintiff acknowledges risks releasing defendant against any possible liability.
What is Sovereign Immunity?
In some states the government is immune to being sued for torts.
What are the principles of Good Business Enterprises?
Respect the dignity of workers, Produce a good product or service, Make a sufficient profit, Pay a just wage, Create an atmosphere for worker development.
What is Federalist 51’s main idea?
If men were angels, no government would be necessary.
What are the Judicial Tests for Interpretation of the 14th Amendment Equal Protection?
Rational Relations, Heightened Scrutiny, Strict Scrutiny
What is Mens Rea?
Mental Act, Intent.
What is Actus Reus?
Physical Act, Omission.
What are the criminal subject areas?
Violent, White collar, Public Morality, Property.
What does the 5th Amendment protect?
Self Incrimination - Business as a whole has no Fifth Amendment protection. Due process for the government
What does the 4th Amendment protect?
Search and Seizure - Police need a warrant to seize property.
Define Conspiracy in white collar crime.
An agreement between multiple people to commit a wrongful act; has to be at least one action to count.
What is Embezzlement?
Fraudulent conversion of another’s property or money by a person to whom it has been entrusted.
What are the elements of Negligence (Tort of Negligence; Prima Facie)?
Voluntary Act, Breach of a duty of care, Proximate Cause, Damage/Injury.
What is Res Ispa Loquitor?
The thing speaks for itself.
What is Agency?
A fiduciary, consensual relationship where an agent can act on behalf of a principal and bind the principal to a contract with a third party.
What are the types of Agency?
Special, General, Universal.
What are the four types of Agency Authority?
Express, Incidental, Customary, Apparent.
What are the three types of Justice?
Cumulative, Distributive, Legal.
What are the Jurisprudential Schools?
Historical, Realist, Positivist, Natural Law.
What are Aquinas’ Four Types of Law?
Natural Law, Human Law, Eternal Law, Divine Law.
What is the Federal System?
Power shared between national, state, and local levels.
What does Due Process entail?
Procedural and Substantive fairness in legal processes.
What is the Commerce Clause?
Provides constitutional basis for broad federal regulatory powers.
What is the Affectation Doctrine?
Gave federal government power over anything that affects commerce in the USA.
What is a Bicameral Legislature?
The USA has two legislatures: House of Representatives & Senate.
What is a Tripartite Government?
The USA has three branches of government: Executive, Legislative, & Judicial.
What is the Supremacy Clause?
Federal Law overpowers State Law.
Distinguish Agency, Independent Contractor, & Employment.
Agency acts on behalf of principal, Independent Contractor controls job completion, Employment is supplied by the principal.
What is Imputation?
The third party is responsible to notice if an agent is acting strange.
What are the types of Disclosure of Principal?
Disclosed Principal, Partially Disclosed Principal, Undisclosed Principal.
What is Vicarious Liability?
Imposing liability for the fault of another; Principal may have to take liability for Agent’s actions.
Rational Relations (Challenger burden of proof)
Basic test
Test: Is the government action rationally related to a legitimate
government purpose? (The burden of proof is on the challenger)
Heightened Scrutiny(Govt burden of proof)
Used in sex discrimination cases
Test: Is the government action substantially related to an important
government purpose? (The burden of proof is on the government)
Strict Scrutiny(Govt burden of proof)
Used in cases involving highly protected classes such as race or color
Test: Is the government action necessary to achieve a compelling
government purpose? (The burden of proof is on the government)
Created in nature of man
Intellect: we think
Volition: we choose
