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BL 3305 > EXAM 2 > Flashcards

EXAM 2 Flashcards

1
Q

Crime

A

Act in violation of a statute OR regulation

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2
Q

Crime is a wrong against ___________

A

Society

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3
Q

What do crimes result in?

A

Criminal Liabilities (jail, fines, restitution)

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4
Q

Torts are a wrong against ____________

A

Person, Property, Entity, Economic Interest

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5
Q

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

A

Actus Reus and Mens Rea (intent)

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6
Q

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

A

BOTH

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7
Q

3 Types of Crimes

A

(SOL) Subjective, Objective, Liability without Fault

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8
Q

Which version of Crimes does not require Mens Rea?

A

Liability without Fault

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9
Q

3 Types of Subjective Crimes

A

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

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10
Q

Typically, Liability without Fault results in:

A

Fines

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11
Q

Theory of Vicarious Liability

A

When an entity’s employee or agent commits a crime

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12
Q

2 Requirements for Vicarious Liability:

A

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

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13
Q

5 Types of Federal Crimes that affect business:

A

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

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14
Q

RICO stands for

A

Racketeer Influenced & Corrupt Organization Act

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15
Q

When RICO is used by govt:

A

Criminal Action

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16
Q

When RICO is used by individual:

A

Civil Action

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17
Q

RICO requires _____ predicate acts within ______ years

A

2 or more, 10

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18
Q

Larceny

A

“trespassory taking” with intent to deprive

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19
Q

Embezzlement

A

Larceny by an individual in a position of trust

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20
Q

Robbery

A

Larceny w/ force (or threat of force)

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21
Q

Burglary

A

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

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22
Q

Does Burglary require the felony to have been committed?

A

NO

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23
Q

False Pretenses

A

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

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24
Q

Forgery

A

Intentional falsification of a document with intent to defraud

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25
Q

Personal Crime Defense

A

Deadly force allowed

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26
Q

Property Crime Defense

A

Deadly force NOT allowed

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27
Q

Duress (against will)

A

Deadly force w immediate, serious, bodily harm

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28
Q

A mistake of fact is a ___________ mistake

A

Reasonable

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29
Q

Entrapment

A

Law enforcement makes someone commit a crime

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30
Q

When can govt appeal in a criminal case?

A

D is found NOT GUILTY

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31
Q

Burden of proof is on who in criminal case?

A

Govt

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32
Q

Burden of proof is on who in civil case?

A

Plaintiff

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33
Q

Lvl of Burden of proof (criminal)

A

Beyond a resonable doubt

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34
Q

Lvl of Burden of proof (civil)

A

Major evidence

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35
Q

Who can appeal in a civil case and when?

A

P or D, Guilty or NG

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36
Q

Civil Crime consequences:

A

Judgement in Law (Pay), Judgement in Equity (stop doing something)

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37
Q

4th Amendment

A

Prohibits unreasonable searches and seizures

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38
Q

5th Amendment

A

Not required to self incriminate (before or after)

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39
Q

6th Amendment

A

Speedy trial, Confront witnesses, Competent council

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40
Q

7th Amendment

A

No excessive bail, fines, or cruel/unusual punishment

41
Q

Tort

A

A civil wrong causing injury to person, property or economic interest

42
Q

4 Required Elements of a Tort

A

Duty, Breach of Duty, Proximate Cause, Harm

43
Q

2 Parts of Proximate Cause

A

Factual Cause, Scope of Liability

44
Q

Negligence

A

Failure to exercise reasonable care

45
Q

____________ is NOT required for Negligence

A

INTENT

46
Q

What duty is protecting others?

A

Duty of Reasonable Care

47
Q

General rule for legal duties:

A

Typically dont exist

48
Q

When is there a legal duty?

A

Create danger, Special Relationship, Statute Requires Action

49
Q

2 Types of Special Relationships:

A

Parent/Child, Employee/Employer

50
Q

Posessors of land can be

A

(OTC) Owner, Tenants, Contractors

51
Q

Trespassor is when:

A

without permission, place not invited, longer than invited

52
Q

Licensee is when:

A

Priviledged to enter land

53
Q

Example of Licensee

A

Social Guests

54
Q

Invitee is when:

A

Invited upon land, business

55
Q

Examples of Invitees

A

Store customer, repairs, public places

56
Q

Duty of possessor for Licensee:

A

Warn of known danger that licensee is unlikely to discover

57
Q

Duty of possessor for Invitee:

A

Protect against danger that possessor does (or should) know about that invitee is unlikely to discover

58
Q

3rd Restatement:

A

Inspect land for dangerous conditions

59
Q

Standard of Conduct for Breach of Duty

A

What would a reasonable person do?

60
Q

Reasonable person is:

A

Always careful, prudent and never negligent

61
Q

Who determines whether someone acted reasonably?

A

Finder of Fact

62
Q

Standard of Conduct for Breach of Duty is modified when (5):

A

under 18, physical disability, child mental disability, superior knowledge, emergency situation

63
Q

Proximate Cause

A

“But For” the Defendant’s conduct, event wouldnt have occured

64
Q

If factual causation is not met,

A

No tort

65
Q

When is the plaintiff’s harm not foreseeable?

A

If the defendant does not anticipate it

66
Q

If foreseeability is not met,

A

No tort

67
Q

Foreseeability is determined by the:

A

finder of fact

68
Q

Required elements of an INTENTIONAL Tort

A

Duty, Breach of Duty, Proximate Cause, Harm, Intent

69
Q

Intent (Intentional Tort)

A

Defendant intends to cause exact consequences OR knows the harm that will likely result

70
Q

4 Types of Harm to Person

A

Battery, Assault, False Imprisonment, Emotional Distress

71
Q

Battery

A

Infliction of bodily contact

72
Q

Assault

A

Infliction of fear for bodily harm, knowledge REQUIRED

73
Q

False Imprisonment

A

Detained against will, no knowledge of escape, aware of confinement

74
Q

Shoplifters can be held with:

A

Reasonable Cause, Manner, and Time

75
Q

Infliction of Emotional Distress

A

Intentional, no physical symptoms required

76
Q

What act prohibits harassment of debtors?

A

Fair Debt Collection Practices Act

77
Q

2nd lvl of emotional distress is

A

subjective

78
Q

3rd lvl of emotional distress is

A

objective

79
Q

2 Types of Violating Dignity

A

Defamation, Invasion of Privacy

80
Q

Defamation

A

False statement of another to at least 1 third party

81
Q

Defamation is when:

A

One intends to lie (reckless negligence)

82
Q

Slander

A

Oral defamation

83
Q

Libel

A

Defamation that isnt oral

84
Q

4 Types of defenses against defamation

A

(PAQC) Privileged, Absolute (Court), Qualified, Constitutional (public figure)

85
Q

Constitutional Priviledge requires that

A

Plaintiff proves a “malice” level of intent

86
Q

Malice

A

Knows of falsity or recklessly disregards the truth

87
Q

4 Types of Invasion of Privacy:

A

Appropriation, Intrusion, Public Disclosure of Private Facts, False Light

88
Q

3 Types of Harm to Property

A

Harm to real property, Nuisance, Personal Property

89
Q

Real property Includes

A

Land, Buildings

90
Q

Nuisance

A

Non-trespassory, interference w enjoyment of land

91
Q

Personal Property

A

Wrongful taking, use, damage of priv property

92
Q

Harming Real Property:

A

Wrongfully trespassing

93
Q

3 Types of Harm to Economic Interests

A

Interference w Contractual Relations, Disparagement, Fraudulent Misrepresentation

94
Q

Disparagement

A

False, offensive statements about product/property, told to at least one party

95
Q

Fraudulent Misrepresentation

A

Known false statement of fact, other party “justifiably relies” on, intends to cause an action

96
Q

Punitive Damages require:

A

A tort

97
Q

Punitive Damages are awarded more often when

A

Torts are intentional

98
Q

Some violations of statutes provide for punitive damages if:

A

Level of intent is MALICIOUS

BL 3305 (8 decks)

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