Exam 3 Prep Flashcards
Axel didn’t know the speed limit in Colorado was 65 mph, he thought it was 75. Axel was cited for speeding when he was driving 75 on the outskirts of Denver while driving on Interstate 70. Which of the following provides Axel a defense to this crime?
Mistake of law
Mistake of fact
Necessity
None of the answer choices are correct.
None of the answer choices are correct
Zach “roofied” his friends’ drinks and they committed 27 felonies in one wild night in Las Vegas. The friends’ best defense to the criminal charges would be:
involuntary intoxication
Stabler was the CEO of Biffco Tractors of Savannah. He hired a new sales manager, Cindy, who had worked for Farmall, a competitor. Stabler was delighted when Cindy broke sales records. When he asked about her secret, she told him “I brought a complete list of account information over from Farmall, downloaded all the inside stuff.” What crime, if any, has Stabler committed if he allows Cindy to continue to use this information from Farmall as his employee?
Theft of trade secrets
Stanley Moneybags, CFO of XYZ Corp., knew the next day at a press conference XYZ would announce record losses. Stanley knew this would mean a big drop in XYZ stock, so he called his old University of Georgia Business School friend Tyrone and told him: “Listen up old buddy, those 10,000 shares of XYZ stock you own? Sell them pronto, because tomorrow after the press conference I’m holding XYZ stock will take a huge hit.” On Tyrone’s orders, Melinda, his stock broker, then sold his shares in XYZ. A federal prosecutor indicted Tyrone for insider trading. Is Tyrone guilty? Why/why not?
Tyrone is guilty; he was an insider for the sake of the law under these circumstances and used inside information.
High End China operates a chain of kitchenware stores. Rockefeller is a guest at one of the stores and trips on a ripped rug near the cash register. High End China owes Rockefeller which of the following special duties?
A special duty as an invitee
The highest and most comprehensive duty owed by a landowner to a person on the owner’s property is owed to
An invitee
An example of a licensee would be Jeffrey, a traveling salesman, who walks by a “No soliciting” sign posted on the front gate and knocks on Zelda’s door.
false
Benji took a wild swing at Renaldo, but Renaldo ducked and Benji missed completely. Would any tort have been committed, and if so, what?
Assault
Res ipsa loquitur does not require that the plaintiff prove the exact cause of negligence.
true
The Restatements provide for a __________________ to shield a merchant from liability for temporarily detaining a party who is reasonably suspected of stealing merchandise.
Shopkeeper’s privilege
______is the tort category that provides compensation to an injured party when the harm was caused by the unreasonable acts of a tortfeasor even when the harm was unintentional.
Negligence
Embezzlement is not just about
stealing from your company or boss,
it’s about the _____
entrustment
Examples of larceny and embezzlement
Larceny= U see a bag of money, grab it and take off.
Embezzlement= You were told to deposit money to a bank, instead you do a wrongful act with it
Moskal’s embezzlement case study
He was entrusted with helping clients. But he borrowed millions of client funds without their consent. Even though he paid it back, he still got held accountable for embezzlement via misuse of access.
Forgery
intentionally making or altering a writing or document that wrongfully puts a liability on another; federal crime
Pan American Airlines Forgery example
Mr. Auginburn intentionally generated fake checks and made millions of dollars. This puts the liability on Pan American or even the bank
If someone writes someone else’s signature on the checks, that would be forgery because
It puts the liability of the person they imitated on the check .
Obtaining goods by false pretenses
it’s the intentional use of a materially false statement to induce another to give you title to their stuff.
.Can occur via omission
Examples of false pretenses
- a cubic zirconium diamond not being worth nearly as much
- A car without a motor being sold to a customer; misrepresentation.
- Junk copier; has millions of copies when its not that good in reality
Close relatives to false pretenses
- You write a check for a TV when you don’t have the money to cover it in the bank; bad check
- If someone sees your credit card number and uses it without you knowing; stolen credit card
The difference between forgery and false pretense
When the committing forgery, the liability is on others while the false pretense liability is on you.
If it is not in writing, it is a false pretense. If it is, its forgery
Mail Fraud Act of 1990 Covers what ?
Intent
Scheme to defraud the public
Mail communication
Mail fraud applies to
any form of print, and advertising, direct mail, misrepresenting things, etc.
Mail Fraud is federal. Meaning what?
means you’re up against the feds and the federal penitentiary if you violate it.
Mail fraud doesn’t only apply to USPS, but also
FedEx, UPS, or other private carriers
Example of mail fraud
When someone sends you brochures and mail of a luxurious property, but in reality the pictures are fraudulent and don’t actually represent the property at all.
Wire fraud
Federal law makes it illegal to use the wires, radio, internet, or TV to carry out fraud on the public.
Penalties for wire fraud can be up to ____ years in the fed pen, up to $____ K per violation (_____, $1 M if bank involved)
20 years, $250K, 30 years
Wire fraud examples
- fishing schemes via fake email
- fake paypall schemes
- Imitate as a company asking for credit card info, etc.
Insider trading
Involves the wrongful use of secret information about a company to make a profit on a stock.
The Insider Uses inside information
To _____or ____
In connection with the purchase or sale of a security
Make a profit, avoid a loss
An insider can be within the company or
affiliated with the company
Further example of insider trading
A CEO asks her husband to buy the company stocks on the basis of inside information since she cant buy it herself
A couple corp executives bribes a waitress to buy their pharmaceutical shares of stock to gain profit.
Martha Stewart Insider Trading Case Study
Martha’s stock broker was selling incline stock rapidly. She told a lie to the authorities via obstruction of justice and got imprisoned for it.
Economic Espionage Act of 1996
Makes it a crime to steal Trade Secrets
Theft of Trade secrets examples ; intellectual property
- Stealing the coke secret formula
- Stealing sales intelligence; involves who is involved, what they do, their credit, etc.
Penalties for stealing trade secrets
Violators could serve 10 years in prison
Individuals could be fined up to 500k, corporations millions
Foreign Corrupt Practices Act (FCPA)
Prohibits bribery in foreign countries for U.S. corporations
Covers bribery to foreign officials
Does not include purely private entities
Grease payment being permissible by FCPA example
A deal will not go through unless you give a firm 1000 US dollars so it will take months for a deal to go through instead of years. Must be a legal deal already granted in the country
Full disclosure can act as a prophylactic to prosecution by the feds means
You must fully disclose what you are doing in order for it to be permitted
FCPA Case Study
. Wal-Mart officials in Mexico engaged corruption that included bribing local officials to receive building permits that included erecting new Wal-Marts on the ruins of Mexican archeological sites
Racketeer Influenced & Corrupt Organizations Act of 1970 (RICO)
Criminal offense for anyone associated with a criminal enterprise with a pattern of criminal activity.
Unintended Consequences: Applied far more broadly than what we traditional think of as organized crime.
RICO Crimes Include
theft , embezzlement, obstruction of justice
money laundering bankruptcy fraud, securities fraud
The enterprise and pattern for RICO
Enterprise: Requires two or more participants
Pattern: Two or more acts within 10 years
Penalties for RICO
$25,000 & 20 years in prison per crime
Forfeiture Of all assets gained through the criminal enterprise (Freezing of all assets during criminal investigation)
Civil: Treble compensatory damages for plaintiff
State “RICO” Statutes
Often involves lower burdens of proof as action is against the property, not the person.
Torts
Someone who messes someone up, intentional or unintentional
intentional torts
Assault and battery
Negligence would be an example of an ______ tort
unintentional
The elements of negligence
A duty (reasonable person, special duties)
Breach of that duty
Causation (cause-in-fact, proximate cause)
Damages
Defenses to Negligence
Assumption of the risk
Consent
Contributory & Comparative negligence
A person juggles bricks in a crowded room and one brick lands on someone’s foot. This was unreasonable because
It was a breach of duty
The special duties in regards to negligence that can be pressed on people in certain circumstances
Doctors to patient, accountant
to lawyer, parent to child, etc
Do not assume that a person has a normal reasonable (legal) duty to ____,____,___ unless its a special duty for that person
To mourn, save, and protect
You must be both the ______ and _______ to a person’s injury’s or damages
Cause in fact ( actual cause) , proximate cause
A guy accidently dropping a brick on another’s foot from juggling them would be both the cause in fact and proximate cause because
Hes the cause in fact because it wouldn’t have happened if he didn’t happen. Hes the proximate cause because the accident is foreseeable.
You drive too fast into traffic, get hit by a bus, and now you’re in the hospital. Would you be able to sue the bus driver?
No you wouldn’t because the cause wasn’t proximate /forseeable. Negligence would fail the causation requirements since it was only the cause in fact
What would be another reason why Negligence wouldnt exist in a case?
There were no damages
If you get near to the person juggling bricks and get hurt, would you win the case?
No because you willingly entered the dangerous situation via assumption of risk
You lay down underneath the man juggling the bricks and get hurt, you wouldn’t win the case because of _____
consent
Contributory negligence
If you are found by the court to be negligent at all for your own injuries , you get nothing.
Not many states has this rule. except AL
If you drive your car above the speed limit and you get hit by someone driving on the wrong side of the road, you would ___
Get 1% negligence; get nothing as the court in this case would state that you should have drove the right speed limit
In GA and most states, the court would follow a _____ negligence to your car case, meaning you get 99,000 rate instead of nothing
comparative
The special doctrines in Negligence
Res Ipsa Loquitur
Good Samaritan Statutes
Danger Invites Rescue
Negligence Per Se
Res Ipsa Loquitur
The fact speaks for itself
Res Ipsa Loquitor process
Negligence is assumed based on what happened, then burden of proof shifts from plaintiff to defendant to prove that they werent negligent
Grocery store res ipsa loquitor example
You walk in Lowes and then a bag of nails fall on you from a shelf, and now you get sent to the hospital. You prove Lowes was negligent by the nails themselves. The burden of proof falls on you, the plaintiff
The burden on the proof is on the defendant if
It doesn’t usually happen unless someone messes up.
Good samaritan Statutes
Laws put in place that state if you come to someone’s aid, you’re immune to the lawsuit for normal negligence
you pull a person out of person’s car to safety, and the car blows up, then you get sued for giving them whiplash. Would you be protected from the law?
Yes. That’s if you are in a state that has the good Samaritan statute protection (many do)
Someone coughs, and u pat them on the back viciously, then their back is broken. Would you be protected via good Samaritan statutes?
No because that would be gross negligence. You made the situation worse by patting him on the back too hard
But it covers medically trained personnel
Danger invites rescue
If you create the dangerous situation, you are going to liable to the person put on danger and the rescuers.
You drive your car too fast and smash into someone at the stop light, you get sued. This is due to
danger invites rescue. You were on your phone/ driving fast
Negligence per se
A person breaks the law, negligence is assumed in some cases; must prove damages.
Negligence applies only to
laws that are intended to protect the type of plaintiff that’s injured.
Your sighted at the scene of the accident for reckless driving, the person who you crashed can sight _______ since he is the type of plaintiff that is impacted and protected by the law
negligence per se
You were sighted at the scene for failing to wear a seatbelt. This was intended to protect
You, your loved ones.
It not only has to be the right type of plaintiff but also the right type of ____ and_____
law, injury
False Imprisonment
wrongful detention or restraint on another
Fraudulent misrepresentation
intentional misrepresentation on material fact, another side of relief on it; caused damages
International interference ; K relationship
Knew of K on purpose; breaks it up
International interference ; business relationship
knew of business relationship; used unfair means to break it up
Employment to the US at will
U dont necesarrily have the right to a job; you can get fired
exceptions: k; private law aka contract
Federal and State law cases where you cant fire someone.
Cant be fired for illegal reasons
Whistleblower protection ; can’t fire them
You cant fire someone for free speech ( doesn’t apply to private entities)
FLSA
Mininum Wage protection can be applied time and a half; over time over 40 hours
Must be 16 or older to qualify; due to hazards?
SSA applies to both ___ and ___ while FUTA applies to only ____
employees, employers, employers
Worker’s compensation
Tries and help employees streamline the process.
Exception: If someone intentionally gets injured
TAFT Hartley Act (‘47)
management has right to speak out against unions
Labor Law
unions- collective bargaining
Me
Wagner act- unions have right to promote themselves but management must remain neutral/ silent
Offer and Acceptance
meeting of the minds
terms and conditions
Jokes and rash statements= they dont count
mirror image
counter offer
