EXAM 2 Flashcards by Kaela Fernandez

Crime

Act in violation of a statute OR regulation

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Crime is a wrong against ___________

Society

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What do crimes result in?

Criminal Liabilities (jail, fines, restitution)

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Torts are a wrong against ____________

Person, Property, Entity, Economic Interest

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In most cases, a crime must consist of ________ and ________

Actus Reus and Mens Rea (intent)

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For a defendant to be found guilty in a criminal case, __________ actus reus and mens rea must be proven

BOTH

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3 Types of Crimes

(SOL) Subjective, Objective, Liability without Fault

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Which version of Crimes does not require Mens Rea?

Liability without Fault

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3 Types of Subjective Crimes

(PKR) Purposefully (murder), Knowingly (murder, intent w victim), Recklessly (manslaughter)

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Typically, Liability without Fault results in:

Fines

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Theory of Vicarious Liability

When an entity’s employee or agent commits a crime

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2 Requirements for Vicarious Liability:

Committed within scope of employment AND (Criminal Act authorized by entity/board OR Liability w/o Fault)

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5 Types of Federal Crimes that affect business:

Insider Trading, Financial Statement Crimes, Wire Fraud, Mail Fraud, Money Laundering

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RICO stands for

Racketeer Influenced & Corrupt Organization Act

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When RICO is used by govt:

Criminal Action

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When RICO is used by individual:

Civil Action

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RICO requires _____ predicate acts within ______ years

2 or more, 10

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Larceny

“trespassory taking” with intent to deprive

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Embezzlement

Larceny by an individual in a position of trust

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Robbery

Larceny w/ force (or threat of force)

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Burglary

Breaking and entering, in a building, INTENT to commit felony

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Does Burglary require the felony to have been committed?

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False Pretenses

Obtain property through fraud, made with knowledge of falsity and intention to defraud

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Forgery

Intentional falsification of a document with intent to defraud

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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