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Business Law > Exam 2 > Flashcards

Exam 2 Flashcards

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1
Q

Act of stealing entrusted goods

A

Embezzlement

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2
Q

Act of stealing goods

A

Theft

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3
Q

What is the difference between embezzlement and theft?

A

embezzlement has to do with ENTRUSTED goods.

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4
Q

What do you need to commit a crime? (criminal intent)

A

Mens Rea

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5
Q

What is RICO?

A

Racketeering Influenced and Corrupt Organizations

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6
Q

What does RICO address?

A

Organized Crime Organizations (mafia, mob)

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7
Q

What does RICO look for?

A

Predicate offenses

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8
Q

A series of crimes that set up/lead to a larger crime.

A

Predicate offenses

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9
Q

What are examples of predicate offenses?

A

bribery, fraud, theft, blackmail, extortion, money laundering, counterfeiting, illegal gambling

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10
Q

Do you always need a warrant?

A

Yes (with few exceptions)

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11
Q

What are the exceptions to getting a warrant?

A

Evidence in plain view or being actively destroyed

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12
Q

What to use in a trial when not read Miranda Rights?

A

Use evidence, not confession/testimony

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13
Q

Greatest reform of financial service law, cracks down on falsification of financial documents

A

Sarbanes Oxley (SOX)

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14
Q

Prevents funding of terrorist organizations

A

Patriot Act

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15
Q

Preventing law enforcement from collecting evidence or testimonies

A

Obstruction of Justice

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16
Q

What is the difference between TORTS and CRIMES?

A

Torts = private wrong
Crime = public wrong

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17
Q

Attorney/Client
Doctor/Patient
Leader of Church/Member of Church
Therapist/Patient
Members of Congress

A

Privileged Communication

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18
Q

Past districts negligently wrote positive letters of recommendation for a principal who had multiple sexual assault violations.
A student victim’s family sued previous districts for not warning about the Principal’s behavior

A

Randi W. vs Murdoc Joint Unified School District

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19
Q

Third-party knew of an existing contract between two parties, the third party interferes with the contract, original parties are injured by a breach of contract

A

Contractual Interference

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20
Q

5 elements of negligence

A

Duty
Breach of Duty
Cause in Fact
Proximate Cause
Damages

21
Q

A woman waiting for a train gets blown up after two men running towards another train drop a package of fireworks that explode on the tracks.

A

Palsgraf vs Long Island Railroad

22
Q

Party knows the risk and acts on it anyways

A

Assumption of Risk

23
Q

Compares both parties in a negligence case to determine who is more negligent. Receive damages based on how negligent you are.

A

Comparative Negligence

24
Q

If you are at all negligent for the incident then you do not receive any damages.

A

Contributory Negligence

25
Q

Must prove malice or intent to harm with statement

A

Defamation

26
Q

What is the absolute defense to defamation?

A

Truth

27
Q

First environmental law to control discharge into water

A

Rivers and Harbors Law

28
Q

Protects oil discharge up to 200 miles from coast

A

Oil Pollution Act

29
Q

bothers society both public and private

A

Nuisances

30
Q

addresses everyone’s air pollution

A

Clean Air Act

31
Q

Tell the EPA the problem and work with them to fix it and reduce damages

A

Self-audit with the EPA

32
Q

amendment gives right to privacy

A

4th amendment

33
Q

amendment gives right against self incrimination

A

5th amendment

34
Q

the most common form of ground pollution (metal gas canisters underground corrode over time and gas seeps into ground)

A

Gas Stations

35
Q

Judge sets bail and gives bond

A

Initial Appearance

36
Q

the severity of the crime and flight risk

A

factors determining bail

37
Q

I plead the 5th

A

invoking right against self-incrimination

38
Q

Damages awarded to the plaintiff to punish the defendant. Punish where the defendant’s actions are particularly terrible.

A

Punitive Damages

39
Q

Damages awarded to the plaintiff but not punishing the defendant.

A

Compensatory Damages

40
Q

Ford knew of problem with the car, but released it anyways causing harm to customers.

A

Pinto & Ford Motors

41
Q

Ford knew of problem with the car, but released it anyways causing harm to customers.

A

Pinto & Ford Motors

42
Q

What is not defamatory?

A

posting your opinion

43
Q

What is defamatory?

A

posting an untrue “fact” with malice and intent to harm

44
Q

Liquid discharged into water ways

A

Effluent

45
Q

Damages of $25,000 per day of violations or $1,000 per barrel/unit of oil

A

Oil Pollution Act

46
Q

Must fill one out if using federal money. Explain projected impact of project on environment (pollution, endangered species, etc)

A

Environment Impact Statement (EIS)

47
Q

Cleanup of contaminated properties from ground pollution

A

CERCLA = Comprehensive Environmental Response, Compensation, and Liability Act

48
Q

3 types of environmental pollution

A

Air, water, Ground

Business Law (3 decks)

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