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Business Crime

Vicarious liability Holding companies accountable for criminal conduct of their officers
elements requirements of proof for crimes
Mens rea requisite mental state for committing a crime
Actus reus Physical act of committing a crime
Penalties punishments for commission of crimes; include fines and imprisonment
Corporate sentencing guidelines Federal rules used to determine level of penalties for companies and officers; reduced for cooperating and increases for lack of effort
obstruction of justice interfering with the work of police. destruction of evidence.
computer crime crimes committed while using computer technology
Racketeer Influenced an d Corrupt Organizations (RICO) to prevent racketeering by intensifying the punishments for engaging in certain criminal activities more than once
Fourth Amendment protects against invasions of privacy; the search warrant amendment
fifth amendment self incrimination protection
sixth amendment right to trial protection
search warrant judicially issued right to examine in any area
Miranda warnings advice require to be given to those taken in custody; right to remain silent and lawyer
due process right to trial before conviction
warrant public document authorizing detention of an individual for criminal charges
initial appearance defendant's first appearance in court ot have charges explained
preliminary hearing presentation of abbreviated case by prosecution to establish sufficient basis to bind defendant over for trial
theft or embezzlement employee steals from the company they work for
software theft program or ducments stolen from a company
intentional damage to do harm intentionally
Tort action by another that results in damages that are recoverable
intentional tort civilly wrong conduct that is done deliberately
negligence conduct of omission or neglect that results in damages
contributory negligence negligence on the part of a plaintiff that was partially responsible for causing injuries
Comparative negligence reduces a plaintiff's recovery by the amount his negligence contributed to the cause of the accident
emissions offset policy new plants not built until new emissions are offset by reductions elsewhere
Environmental Protection Agency(EPA) federal agency responsible for enforcement of environmental laws at the federal level
Oil Pollution Act(OPA) federal law imposing civil and criminal liability for oil spills
3 categories of of pollution conventional, non conventional, toxic pollutants
non attainment areas areas with significant air pollution problems
National Environmental Policy Act(NEPA) federal law that requires federal agencies to assess environmental issues before taking actions
Resource Conservation and Recovery Act(RCRA) federal law controlling disposal of hazardous waste through a permit system
Comprehensive Environmental Response, Compensation, and Liability Act federal law providing funds and authority for hazardous waste site cleanups
Effluent guidelines standards for release of nonnatural substances into natural waters
two categories for determining areas for business growth attainment areas and prevention of significant deterioration
Toxic Substance Control Act authorized EPA to control the manufacture, use, and disposal of toxic substances
International Organization for standardization emphasize not only compliance but also self audits and self correction
Contract a promise or agreement between two parties
bilateral contract contract of two promises; one from each party
unilateral contract contract made of a promise for performance
Uniform Commercial Code (UCC or the Code) to harmonize the law of sales and other commercial transactions
UCC (article 2) Sales of goods
UCC (article 2A) Leases of goods
Stages to form a contract Offer, Offerer,offeree Revocation counteroffer acceptance consideration
Offer is the first part of a contract
offerer the person making the offer
offeree the person who receives the offer
revocation the offeror cancels the offer
counteroffer counter proposal to the offer
acceptance offeree's positive response to an offer
consideration something of value exchange by the parties that distinguishes gifts from contracts
liability rules owner,operator, transportation, & director
Clean water act federal governing water pollution
Best Conventional treatment (BCT) cheap way o clean
Best Available Treatment (BAT) Expensive way to clean
Contract Defense -situation, term, or event that excuses performance Capacity misrepresentation Illegal or public policy violations
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
Misrepresentation lying to the contract from party
criminal statutes contracts that are agreements to commit a crime are voice
licensing statute authorized to perform such services
usury laws excess of interest of loans of state limit
public policy violates certain standards of fairness or encourage conduct
Illegal or public policy violations criminal statute licensing statute usury law public policy
contract performance obligation of performance after contracts are done
Conditions events that must occur before contract performance is due
condition precedent an event or action that must take place before a contract is required to be performed
concurrent condition must occur simultaneously for contract performance to be required. same time
substantial performance performing a contract differently.
compensatory damages damages to put non breaching party in the same position he would been had the breach not occurred.
incidental damages damages suffered by the party to a contract as a result of the breach
commercial impracticability excuses performance of a duty, where that duty has become unfeasibly difficult or expensive for the party who was to perform.
elements of negligence the duty,breach of duty, causation
Created by: 866665113