EXAM 2 Flashcards
Crime
Act in violation of a statute OR regulation
Crime is a wrong against ___________
Society
What do crimes result in?
Criminal Liabilities (jail, fines, restitution)
Torts are a wrong against ____________
Person, Property, Entity, Economic Interest
In most cases, a crime must consist of ________ and ________
Actus Reus and Mens Rea (intent)
For a defendant to be found guilty in a criminal case, __________ actus reus and mens rea must be proven
BOTH
3 Types of Crimes
(SOL) Subjective, Objective, Liability without Fault
Which version of Crimes does not require Mens Rea?
Liability without Fault
3 Types of Subjective Crimes
(PKR) Purposefully (murder), Knowingly (murder, intent w victim), Recklessly (manslaughter)
Typically, Liability without Fault results in:
Fines
Theory of Vicarious Liability
When an entity’s employee or agent commits a crime
2 Requirements for Vicarious Liability:
Committed within scope of employment AND (Criminal Act authorized by entity/board OR Liability w/o Fault)
5 Types of Federal Crimes that affect business:
Insider Trading, Financial Statement Crimes, Wire Fraud, Mail Fraud, Money Laundering
RICO stands for
Racketeer Influenced & Corrupt Organization Act
When RICO is used by govt:
Criminal Action
When RICO is used by individual:
Civil Action
RICO requires _____ predicate acts within ______ years
2 or more, 10
Larceny
“trespassory taking” with intent to deprive
Embezzlement
Larceny by an individual in a position of trust
Robbery
Larceny w/ force (or threat of force)
Burglary
Breaking and entering, in a building, INTENT to commit felony
Does Burglary require the felony to have been committed?
NO
False Pretenses
Obtain property through fraud, made with knowledge of falsity and intention to defraud
Forgery
Intentional falsification of a document with intent to defraud
Personal Crime Defense
Deadly force allowed
Property Crime Defense
Deadly force NOT allowed
Duress (against will)
Deadly force w immediate, serious, bodily harm
A mistake of fact is a ___________ mistake
Reasonable
Entrapment
Law enforcement makes someone commit a crime
When can govt appeal in a criminal case?
D is found NOT GUILTY
Burden of proof is on who in criminal case?
Govt
Burden of proof is on who in civil case?
Plaintiff
Lvl of Burden of proof (criminal)
Beyond a resonable doubt
Lvl of Burden of proof (civil)
Major evidence
Who can appeal in a civil case and when?
P or D, Guilty or NG
Civil Crime consequences:
Judgement in Law (Pay), Judgement in Equity (stop doing something)
4th Amendment
Prohibits unreasonable searches and seizures
5th Amendment
Not required to self incriminate (before or after)
6th Amendment
Speedy trial, Confront witnesses, Competent council
7th Amendment
No excessive bail, fines, or cruel/unusual punishment
Tort
A civil wrong causing injury to person, property or economic interest
4 Required Elements of a Tort
Duty, Breach of Duty, Proximate Cause, Harm
2 Parts of Proximate Cause
Factual Cause, Scope of Liability
Negligence
Failure to exercise reasonable care
____________ is NOT required for Negligence
INTENT
What duty is protecting others?
Duty of Reasonable Care
General rule for legal duties:
Typically dont exist
When is there a legal duty?
Create danger, Special Relationship, Statute Requires Action
2 Types of Special Relationships:
Parent/Child, Employee/Employer
Posessors of land can be
(OTC) Owner, Tenants, Contractors
Trespassor is when:
without permission, place not invited, longer than invited
Licensee is when:
Priviledged to enter land
Example of Licensee
Social Guests
Invitee is when:
Invited upon land, business
Examples of Invitees
Store customer, repairs, public places
Duty of possessor for Licensee:
Warn of known danger that licensee is unlikely to discover
Duty of possessor for Invitee:
Protect against danger that possessor does (or should) know about that invitee is unlikely to discover
3rd Restatement:
Inspect land for dangerous conditions
Standard of Conduct for Breach of Duty
What would a reasonable person do?
Reasonable person is:
Always careful, prudent and never negligent
Who determines whether someone acted reasonably?
Finder of Fact
Standard of Conduct for Breach of Duty is modified when (5):
under 18, physical disability, child mental disability, superior knowledge, emergency situation
Proximate Cause
“But For” the Defendant’s conduct, event wouldnt have occured
If factual causation is not met,
No tort
When is the plaintiff’s harm not foreseeable?
If the defendant does not anticipate it
If foreseeability is not met,
No tort
Foreseeability is determined by the:
finder of fact
Required elements of an INTENTIONAL Tort
Duty, Breach of Duty, Proximate Cause, Harm, Intent
Intent (Intentional Tort)
Defendant intends to cause exact consequences OR knows the harm that will likely result
4 Types of Harm to Person
Battery, Assault, False Imprisonment, Emotional Distress
Battery
Infliction of bodily contact
Assault
Infliction of fear for bodily harm, knowledge REQUIRED
False Imprisonment
Detained against will, no knowledge of escape, aware of confinement
Shoplifters can be held with:
Reasonable Cause, Manner, and Time
Infliction of Emotional Distress
Intentional, no physical symptoms required
What act prohibits harassment of debtors?
Fair Debt Collection Practices Act
2nd lvl of emotional distress is
subjective
3rd lvl of emotional distress is
objective
2 Types of Violating Dignity
Defamation, Invasion of Privacy
Defamation
False statement of another to at least 1 third party
Defamation is when:
One intends to lie (reckless negligence)
Slander
Oral defamation
Libel
Defamation that isnt oral
4 Types of defenses against defamation
(PAQC) Privileged, Absolute (Court), Qualified, Constitutional (public figure)
Constitutional Priviledge requires that
Plaintiff proves a “malice” level of intent
Malice
Knows of falsity or recklessly disregards the truth
4 Types of Invasion of Privacy:
Appropriation, Intrusion, Public Disclosure of Private Facts, False Light
3 Types of Harm to Property
Harm to real property, Nuisance, Personal Property
Real property Includes
Land, Buildings
Nuisance
Non-trespassory, interference w enjoyment of land
Personal Property
Wrongful taking, use, damage of priv property
Harming Real Property:
Wrongfully trespassing
3 Types of Harm to Economic Interests
Interference w Contractual Relations, Disparagement, Fraudulent Misrepresentation
Disparagement
False, offensive statements about product/property, told to at least one party
Fraudulent Misrepresentation
Known false statement of fact, other party “justifiably relies” on, intends to cause an action
Punitive Damages require:
A tort
Punitive Damages are awarded more often when
Torts are intentional
Some violations of statutes provide for punitive damages if:
Level of intent is MALICIOUS
