QUIZ 1 - Business crimes Flashcards

1
Q

define crime

A

an offense against the public at large.

breach of legal duty

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2
Q

what are criminal acts defined by

A

statute

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3
Q

criminal law

A

violation of public order.
rights and duties individuals owe to society and wrongs against society as a whole
against public, society, or state.

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4
Q

criminal law must be

A

beyond a reasonable doubt (with no doubt)

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5
Q

what is the purpose of criminal law

A

punish wrongdoers

deter similar future conduct

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6
Q

civil law

A

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

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7
Q

purpose of civil law

A

provide a remedy or relief for an unfairly unjured party. usually in form of monetary damages

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8
Q

felonies

A

serious crimes which are punishable by death or prison for more than one eyar

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9
Q

misdemeanors

A

non - serious / petty crimes that are punishable by jail for less than one year and or fines

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10
Q

types of business crimes

A

ME BFF
money laundering
economic crimes (embellzment and filing fake financials)

bribery
FCPA
fraud

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11
Q

defenses of business crimes

A

duress, insanity, mistake of fact, mistake of law, entrapment

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12
Q

define assault

A

reasonable apprehension or fear of immediate contact

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13
Q

define battery

A

completion / contact of the assault

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14
Q

defenses of assault and battery

A

consent, self defense, defense of property

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15
Q

define statue

A

the laws that congress creates

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16
Q

one crime cannot be both a _____ but can trigger____

A

cannot be a felony and misdemeanor

can be both a felony and misdemeanor

17
Q

what are the 2 requirements for crimes

A

mens rea

actus rea

18
Q

mens rea

A

criminal intent.
state of mine when committing the crime
intent? guilty mind?

19
Q

actus rea

A

refers to specific acts that the defendant performs

20
Q

what is the exception to 2 requirements for crimes

A

strict liability crimes.

hold a defendant responsible / guilty based on the act alone.

21
Q

define fraud

A

knowing misrepresentation of the truth / concealment of facts (IMPORTANT TO A DECISION) that causes others to act a way that is harmful to them.

22
Q

define economic crimes

A

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

23
Q

define duress

A

something compells on individual to act contrary to their better judgment.
threat of harm made them do it.
((( takes down mens rea))))

24
Q

define mistake of fact

A

defendant asserts that they acted from an innocent misunderstanding of fact. not criminal intent

25
Q

define entrapment

A

defendant says that a law enforcement officer made them do the crime - persuasion