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Buss. Law - Ch. 7
Business Law - Chapter 7 - Criminal Law and Business
| Term | Definition |
|---|---|
| conduct is criminal because a legislative body has declared it to be wrongful and has authorized punishment if it occurs | why is conduct deemed criminal? |
| malum in se | meaning "wrong in itself", used to describe crimes deemed evil by their very nature |
| malum prohibitum | meaning "wrong do to being prohibited", described crimes deemed wrong by a legislature |
| prosecution | word used to describe criminal proceedings |
| prosecutor | the name usually given to the attorney who represents the people during prosecution |
| John Doe | people in criminal cases aren't referred to as the plaintiff, by rather "________" |
| the usual procedure is for a court to conduct a preliminary hearing to determine if there is sufficient evidence that the accused committed the crime as charged, justifying submission of the case to the grand jury | what is the usual procedure in felony cases? |
| bound over | if the court finds there is probable cause for a crime, the accused is ?? to the grand jury |
| if this probable cause exists, the grand jury indicts the accused by returning to the court what is called a true bill | what happens if probable cause exists? |
| a no true bill is returned to the court | what happens when the grand jury decides evidence in insufficient to indict |
| the prosecution may proceed by filing the charges in a document known as an information | what happens if the accused waives the presentment of the case to the grand jury? |
| crimes that are a part of another crime ex - speeding and manslaughter | what are lesser included offenses? |
| statues | what is the source of law from criminal cases? |
| statues OR common law | what is the source of law from civil cases? |
| that state ex - the government | who brings suit in criminal cases? |
| and individual or entity that's suffered harm | who brings suit in civil cases? |
| beyond a reasonable doubt | which burden of proof is used in criminal cases? |
| preponderance of the evidence | which burden of proof is used in civil cases? |
| punishment ex - prison, fines, etc. | what remedy is pursued in criminal cases? |
| usually damages, but also judicial decree forcing performance or forbidding activity | what remedy is pursued in civil cases? |
| protect society | of what nature are criminal cases (what are they meant to do)? |
| provide compensation or other relief | of what nature are civil cases (what are they meant to do)? |
| - assault and battery - kidnapping - manslaughter - mayhem - murder - sexual crimes | list a few examples of crimes that are meant to protect people from harm |
| - arson - blackmail - burglary - embezzlement - extortion - forgery - larceny - robbery | list a few examples of crimes that are meant to protect property |
| - adultery - bigamy - incest - rape - sodomy | list a few examples of crimes that are meant to protect people from sexual abuse |
| - bribery of officials - sabotage - treason | list a few examples of crimes that are meant to protect the government |
| - bribery of witnesses, judges, jurors - perjury | list a few examples of crimes that are meant to protect the courts |
| - antitrust - disorderly conduct - food and drug laws - gambling - liquor licenses and drunkenness - narcotics - obscenity - pollution | list a few examples of crimes that are meant to protect public interest |
| 1) death 2) imprisonment 3) fine 4) removal from office 5) disqualification to hold and enjoy any office or to vote 6) combination of punishment 1-5 | historically, upon a person’s conviction of a crime, what are the possible punishments is imposed by the court? |
| a second method used to classify crimes is the punishment that the courts can impose on the wrongdoer after the government’s prosecutor has proven that the criminal conduct occurred | what is another method used for classifying crimes besides their nature? |
| treason | the offense of attempting by overt acts to overthrow the government of the state to which the offender owes allegiance or of betraying the state into the hands of a foreign power |
| felony | a criminal offense that is punishable by death or imprisonment in a penitentiary |
| misdemeanor | a criminal offense, less than a felony, that is punishable by fine or jail sentence |
| petty offenses or public torts | violations of traffic ordinances, building codes, and similar municipal ordinances prosecuted before a city magistrate |
| - aggravated assault - arson - bribery - burglary - embezzlement | give examples of typical feloniesa |
| - battery - disorderly conduct - gambling - larceny (petty) - prostitution | give examples of typical misdemeanors |
| administrative crimes | rules adopted by administrative agencies, such as the FDA, whose violation is punishable as a crime |
| white-collar or business crimes | illegal acts committed by guile, deceit, and concealment, rather than by force and violence ex - attempts to obtain money, property, or services without paying for them or to secure some other business advantage |
| embezzlement | the fraudulent taking of personal property, including money, by someone to whom it was entrusted |
| Antitrust Criminal Penalty Enhancement & Reform Act of 2004 | - violation of Sherman Act - $100,000,000 fine for corporations; $1,000,000 and imprisonment for 10 years |
| Clean Air Act of 1990 | - releasing hazardous air pollutants - $1,000,000 fine for organization plus fifteen years in prison (These penalties double for subsequent offense) |
| Sarbanes-Oxley Act (2002) amending the Securities Exchange Act of 1934 | - trading securities based on material, non-public information - $25,000,000 fine for organization; $5,000,000 fine for individual plus twenty years in prison |
| Racketeer Influenced and Corrupt Organizations Act (RICO) | act used to combat organized crime by authorizing private parties to file suits for triple damages and attorney’s fees when federal laws dealing with various forms of fraud have been violated |
| Racketeer Influenced and Corrupt Organizations Act | what does RICO stand for |
| 1) use income from racketeering to buy any interest in a commercial enterprise 2) acquire or maintain an interest in an enterprise through racketeering 3) conduct or participate in an enterprise's affairs through racketeering 4) conspire to do 1-3 | what crimes are made illegal by RICO? |
| racketeering activity | requires that an individual commit two offences, including bribery, embezzlement, mail and wire fraud, and securities fraud |
| a combination of an act and criminal intent | as a general rule, what does a crime involve? |
| conspiracy | an agreement by two or more persons to commit a crime |
| specific intent crimes | crimes where a prosecutor must prove, beyond a reasonable doubt, that the defendant intended to commit a certain harm |
| strict liability crimes | offenses where a defendant is liable for committing an action, regardless of was his/her intent or mental state was when committing the action |
| vicarious liability crime | occurs where one person without personal fault is liable for the conduct of another, such as in corportate crimes |
| entrapment | a legal defense that claims the defendant was induced by a government agent to commit a crime they would not have otherwise committed ex- pretending to be an under-aged minor online who capture predators |
| immunity | freedom from the legal duties and penalties imposed on others |
| mental | a person cannot be guilty of a crime if he/she lacks the ______ capacity to have the required criminal intent, such as with an insanity defense |
| Durham Rule | a test used to identify criminal insanity, an accused is not criminally responsible if his or her act was the product of a mental disease or defect. this test has not yet received universal acceptance |
| intoxication | a defense used if the crime charged is one of specific intent and the accused was so intoxicated that he/she could not form the specific intent required |
| ignorance | _________ of the law is not a defense to a criminal prosecution |
| limited | constitutional guarantees are _______ protections |
| legal; social | in determining the extent of limitations on constitutional guarantees, the courts are balancing constitutional protections against some other legitimate _____ or _____ policy of society or other constitutional guarantees self incrimination in a hit n run |
| variable | constitutional protections are ________; they change to meet the needs of modern society. the Constitution is often said to be interpreted relative to the times |
| Fourth Ammendment | protects against illegal search and seizure |
| exclusionary rule | a rule of evidence; provides that evidence illegally obtained by the police and all information flowing therefrom cannot be used to convict a person accused of crime |
| motion to suppress evidence | if evidence is obtained without a search warrant, or if the search warrant was not properly issued, then a defendant can ask the court to prevent the use of the evidence |
| good faith | the Supreme Court has created an exception to the exclusionary rule that permits the use of seized evidence in the trial as long as the police acted in __________ and believed that the warrant was properly valid |
| USA PATRIOT Act | a statute that allows the federal government significant expansion of traditional programs aimed at wiretaps, searches of business records, and many other aspects of terrorism-related investigations |
Created by:
Kendall Posey
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