Help
Options
Didn't know it?
click below
click below
Knew it?
click below
click below
Don't Know
Remaining cards (0)
Know
retry
shuffle
restart
0:00
Embed Code - If you would like this activity on your web page, copy the script below and paste it into your web page.
Normal Size Small Size show me how
Normal Size Small Size show me how
Week 4 Review
Crimes and Torts
| Question | Answer |
|---|---|
| crime | conduct that is prohibited and punished by a government |
| misdemeanors | punishable by less than one year in prison |
| felonies | punishable by more than one year in prison |
| basis of criminal liability | -Mental State (mens rea) – Act or Omission (actus reus) – Concurrence |
| conspiracies | Agreements to commit an unlawful act |
| Money Laundering Control Act | prohibits knowingly participating in a financial transaction designed to conceal the source of the funds |
| Patriot Act | expands coverage to all financial transactions |
| Racketeer Influenced and Corrupt Organizations (RICO) Act | Designed to prevent those involved in organized crime from investing money obtained through racketeering in legitimate businesses |
| bribery | The act of giving money, property, or a benefit to a person to influence their judgment |
| commercial bribery | An agent for another is paid or given something of value to make a decision on behalf of the principal that benefits the party paying the agent |
| extortion | When a public officer makes an illegal demand |
| blackmail | Extortion demands made by a nonpublic official |
| Foreign Corrupt Practice Act | Federal antibribery and anticorruption statute |
| counterfeiting | The fraudulent making of a document or coin that appears to be genuine but is not |
| forgery | Fraudulent making or material altering of an instrument that attempts to create or change a legal liability of another |
| uttering | Issuing or delivering the forged instrument |
| perjury | Knowingly giving false testimony in a judicial proceeding under oath |
| bad checks | Passing a check with intent to defraud or knowing that there are insufficient funds |
| credit card crimes | Stealing a credit card, possessing the card of another without that person’s consent |
| embezzlement | Fraudulent conversion of another’s property |
| Obstruction of Justice | Sarbanes-Oxley(SOX) – Altering, destroying, falsifying with intent to obstruct the administration of any matter within the jurisdiction of any U.S. department of agency |
| Corporate Fraud | A new form of mail/wire fraud, corporate officers must certify financial statements when issued |
| White-Collar Crimes | larceny, robbery, burglary, arson, riots and civil disorders |
| larceny | Taking another’s personal property with fraudulent intent |
| robbery | Taking personal property from the victim by force or threat |
| burglary | Breaking and entering the dwelling of another to commit a felony |
| arson | malicious burning |
| Computer crime | A crime that can be committed only by a person having some knowledge of the operation of a computer |
| The Computer as Victim | – Theft of Hardware – Theft of Software – Intentional Damage |
| Unauthorized Use of Computers | The unlawful use of a computer belonging to someone else |
| Computer Raiding | Taking information from a computer without the consent of the owner |
| Diverted Delivery by Computer | Using a computer to misdirect deliveries |
| The Economic Espionage Act | Stealing or communicating a trade secret. |
| The Electronic Fund Transfers Act | Using a counterfeit or stolen card to obtain money or goods in excess of a specified amount through an electronic fund transfer system |
| The Digital Millennium Copyright Act | Circumventing encryption on copyrighted material |
| Controlling the Assault of Non-Solicited Pornography and Marketing Act | Allows companies to bring suit against spammers |
| Fourth Amendment: Search and Seizure | Government agencies must obtain warrants before searching and seizing property |
| Exceptions to the Search and Seizure Warrants | -Emergencies and plain view -Business Records and Searches -Protections for Privileged Records/Documents |
| Fifth Amendment Self-Incrimination Rights for Businesses | Self-Incrimination, Miranda Rights |
| Self-Incrimination | Applies to individuals only, not businesses |
| Miranda Rights | Warnings given to those who face custodial interrogation for criminal proceedings |
| Due Process | The right to be heard, question witnesses, and present evidence before any criminal conviction |
| Sixth Amendment | Guarantees that the entire process will be completed in a timely fashion because this amendment guarantees a speedy trial |
| Tort | A civil wrong that interferes with one’s property or person |
| Tort and Crime Distinguished | A crime is a wrong that arises from a violation of a public duty, and a tort is a wrong that arises from the violation of a private duty |
| Types of Torts | Intentional Torts, Negligence, Strict Liability |
| Intentional Torts | When wrongdoers engage in intentional conduct |
| Negligence | Failure to exercise due care |
| Strict Liability | Absolute liability due to inherent danger of the activity, regardless of intent |
| Assault | Threatening a person with imminent harm |
| Battery | The wrongful touching of another person without their consent |
| False Imprisonment | – Detaining a person without their consent – Shopkeeper’s privilege: Store owners may detain a shoplifter for a reasonable time |
| Intentional Infliction of Emotional Distress | Outrageous conduct which produces mental anguish to the harmed individual |
| Invasion of Privacy | – Public Disclosure of Private Facts – Intrusion into the Plaintiff’s Private Affairs – Appropriation of Another’s Name, Likeness, or Image for Commercial Advantage |
| Defamation | A false statement by one party about another to a third party |
| Slander | spoken defamation |
| libel | written defamation |
| Online issues | many posts are anonymous |
| Product Disparagement | False statements made about a product or business |
| Wrongful Interference with Contracts | A third party interferes with others’ right to contract |
| Trespass | Unauthorized action with respect to land or personal property |
| Elements of Negligence | – Duty to Exercise Reasonable Care – Breach of Duty |
| Causation | The duty and the breach of duty must be connected to the plaintiff’s injuries |
| Damages | Actual losses must have been sustained |
| Defenses to Negligence | Contributory Negligence, Comparative Negligence, Assumption of the Risk, Immunity |
| Contributory Negligence | Plaintiff’s negligence is a complete bar to recovery of damages from the defendant |
| Comparative Negligence | - Negligent plaintiff permits damage recovery in proportion to defendant’s degree of fault -In some states, no recovery if plaintiff’s negligence exceeds 50% |
| Assumption of the Risk | Express assumption, Implied assumption |
| Express assumption | A written acknowledgement of risk that releases the defendant from liability |
| Implied assumption | based on the activity |
| Immunity | Governments are usually immune from liability |
| Strict Liability | – Absolute standard imposed by law in situations requiring extreme protection – Few if any defenses apply and the company or person causing damages will be liable |
| Imposing Strict Liability | Can occur in different situations but most common in product liability |
Created by:
h.trosclair
Popular Law sets