Business Crime
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| Vicarious liability | Holding companies accountable for criminal conduct of their officers
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| elements | requirements of proof for crimes
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| Mens rea | requisite mental state for committing a crime
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| Actus reus | Physical act of committing a crime
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| Penalties | punishments for commission of crimes; include fines and imprisonment
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| Corporate sentencing guidelines | Federal rules used to determine level of penalties for companies and officers; reduced for cooperating and increases for lack of effort
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| obstruction of justice | interfering with the work of police. destruction of evidence.
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| computer crime | crimes committed while using computer technology
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| Racketeer Influenced an d Corrupt Organizations (RICO) | to prevent racketeering by intensifying the punishments for engaging in certain criminal activities more than once
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| Fourth Amendment | protects against invasions of privacy; the search warrant amendment
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| fifth amendment | self incrimination protection
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| sixth amendment | right to trial protection
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| search warrant | judicially issued right to examine in any area
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| Miranda warnings | advice require to be given to those taken in custody; right to remain silent and lawyer
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| due process | right to trial before conviction
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| warrant | public document authorizing detention of an individual for criminal charges
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| initial appearance | defendant's first appearance in court ot have charges explained
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| preliminary hearing | presentation of abbreviated case by prosecution to establish sufficient basis to bind defendant over for trial
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| theft or embezzlement | employee steals from the company they work for
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| software theft | program or ducments stolen from a company
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| intentional damage | to do harm intentionally
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| Tort | action by another that results in damages that are recoverable
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| intentional tort | civilly wrong conduct that is done deliberately
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| negligence | conduct of omission or neglect that results in damages
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| contributory negligence | negligence on the part of a plaintiff that was partially responsible for causing injuries
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| Comparative negligence | reduces a plaintiff's recovery by the amount his negligence contributed to the cause of the accident
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| emissions offset policy | new plants not built until new emissions are offset by reductions elsewhere
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| Environmental Protection Agency(EPA) | federal agency responsible for enforcement of environmental laws at the federal level
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| Oil Pollution Act(OPA) | federal law imposing civil and criminal liability for oil spills
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| 3 categories of of pollution | conventional, non conventional, toxic pollutants
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| non attainment areas | areas with significant air pollution problems
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| National Environmental Policy Act(NEPA) | federal law that requires federal agencies to assess environmental issues before taking actions
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| Resource Conservation and Recovery Act(RCRA) | federal law controlling disposal of hazardous waste through a permit system
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| Comprehensive Environmental Response, Compensation, and Liability Act | federal law providing funds and authority for hazardous waste site cleanups
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| Effluent guidelines | standards for release of nonnatural substances into natural waters
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| two categories for determining areas for business growth | attainment areas and prevention of significant deterioration
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| Toxic Substance Control Act | authorized EPA to control the manufacture, use, and disposal of toxic substances
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| International Organization for standardization | emphasize not only compliance but also self audits and self correction
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| Contract | a promise or agreement between two parties
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| bilateral contract | contract of two promises; one from each party
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| unilateral contract | contract made of a promise for performance
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| Uniform Commercial Code (UCC or the Code) | to harmonize the law of sales and other commercial transactions
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| UCC (article 2) | Sales of goods
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| UCC (article 2A) | Leases of goods
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| Stages to form a contract | Offer, Offerer,offeree
Revocation
counteroffer
acceptance
consideration
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| Offer | is the first part of a contract
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| offerer | the person making the offer
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| offeree | the person who receives the offer
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| revocation | the offeror cancels the offer
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| counteroffer | counter proposal to the offer
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| acceptance | offeree's positive response to an offer
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| consideration | something of value exchange by the parties that distinguishes gifts from contracts
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| liability rules | owner,operator, transportation, & director
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| Clean water act | federal governing water pollution
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| Best Conventional treatment (BCT) | cheap way o clean
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| Best Available Treatment (BAT) | Expensive way to clean
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| Contract Defense | -situation, term, or event that excuses performance
Capacity
misrepresentation
Illegal or public policy violations
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| Capacity | -mental and age thresholds for valid contracts
Age- must be 18 years or older; minors are voidable contract
Mental-if the party is incompetent
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| Misrepresentation | lying to the contract from party
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| criminal statutes | contracts that are agreements to commit a crime are voice
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| licensing statute | authorized to perform such services
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| usury laws | excess of interest of loans of state limit
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| public policy | violates certain standards of fairness or encourage conduct
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| Illegal or public policy violations | criminal statute
licensing statute
usury law
public policy
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| contract performance | obligation of performance after contracts are done
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| Conditions | events that must occur before contract performance is due
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| condition precedent | an event or action that must take place before a contract is required to be performed
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| concurrent condition | must occur simultaneously for contract performance to be required. same time
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| substantial performance | performing a contract differently.
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| compensatory damages | damages to put non breaching party in the same position he would been had the breach not occurred.
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| incidental damages | damages suffered by the party to a contract as a result of the breach
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| commercial impracticability | excuses performance of a duty, where that duty has become unfeasibly difficult or expensive for the party who was to perform.
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| elements of negligence | the duty,breach of duty, causation
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