QUIZ 1 - Business crimes Flashcards
define crime
an offense against the public at large.
breach of legal duty
what are criminal acts defined by
statute
criminal law
violation of public order.
rights and duties individuals owe to society and wrongs against society as a whole
against public, society, or state.
criminal law must be
beyond a reasonable doubt (with no doubt)
what is the purpose of criminal law
punish wrongdoers
deter similar future conduct
civil law
establishes rights and responsibilities with respect to relationships between private indi. and the government
PREPONDERANCE OF THE EVIDENCE (more likely than not)
injury to individual / other private party
purpose of civil law
provide a remedy or relief for an unfairly unjured party. usually in form of monetary damages
felonies
serious crimes which are punishable by death or prison for more than one eyar
misdemeanors
non - serious / petty crimes that are punishable by jail for less than one year and or fines
types of business crimes
ME BFF
money laundering
economic crimes (embellzment and filing fake financials)
bribery
FCPA
fraud
defenses of business crimes
duress, insanity, mistake of fact, mistake of law, entrapment
define assault
reasonable apprehension or fear of immediate contact
define battery
completion / contact of the assault
defenses of assault and battery
consent, self defense, defense of property
define statue
the laws that congress creates
one crime cannot be both a _____ but can trigger____
cannot be a felony and misdemeanor
can be both a felony and misdemeanor
what are the 2 requirements for crimes
mens rea
actus rea
mens rea
criminal intent.
state of mine when committing the crime
intent? guilty mind?
actus rea
refers to specific acts that the defendant performs
what is the exception to 2 requirements for crimes
strict liability crimes.
hold a defendant responsible / guilty based on the act alone.
define fraud
knowing misrepresentation of the truth / concealment of facts (IMPORTANT TO A DECISION) that causes others to act a way that is harmful to them.
define economic crimes
crimes committed by employees for personal gain without enhancement to the company.
ex. embezzlement
OR
crimes committed by employees for the profit of the company
define duress
something compells on individual to act contrary to their better judgment.
threat of harm made them do it.
((( takes down mens rea))))
define mistake of fact
defendant asserts that they acted from an innocent misunderstanding of fact. not criminal intent
define entrapment
defendant says that a law enforcement officer made them do the crime - persuasion
