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Business Law #5
Business Law chapter 5 test
| Question | Answer |
|---|---|
| Three elements of a crime | duty to do or not to do something an act of omission in violation of that duty criminal intent |
| white collar crime info | corporations can form criminal intent like individuals officers of a corporation can be held criminally responsible for the actions of their employees (vicarious criminal liability) |
| examples of white collar crimes | evading income taxes, defrauding customers, cheating with false weighting machines, conspiring to fix prices, make false insurance claims |
| Crimes against a person | murder, rape, kidnapping |
| Crimes against property | robbery, shoplifting, theft |
| Crimes against the government | tax evasion, treason |
| Crimes against public peace and order | rioting, disorderly conduct, speeding |
| Crimes against realty | vandalism, arson, burglary |
| Crimes against consumers | fraudulent sales of securities, violating FDA regulations |
| Crimes against decency | obscenity, prostitution |
| Felony details | jail for more than one year, fine of more than $1000, both, or even death |
| Misdemeanor details | confinement in a county or city jail for less than one year, by fine, or both |
| Felony examples | murder, kidnapping, arson, rape, robbery, burglary, embezzlement, forgery |
| Misdemeanor examples | disorderly conduct, speeding |
| What are your rights when arrested? | due process fair proceedings during an investigation not compelled to testify against self representation by a lawyer guilt has to be established beyond a reasonable doubt |
| types of defenses | procedural, substantive, self-defense, criminal insanity, immunity |
| procedural defense | based on problems with the way evidence is obtained or the way a person is arrested, questioned, tired, or punished |
| substantive defense | disprove, justify, or excuse the alleged crime |
| self-defense | use of force that appears reasonably necessary to prevent death, serious bodily harm rape, or kidnapping |
| criminal insantiy | accused does not know the difference between right or wrong |
| immunity | freedom from prosecution even when one committed the crime charged |
| contempt of court | an action that hinders the administration of justice |
| plea bargaining | the accused gives up the right to a public trial to avoid the risk of a greater penalty if convicted |
| larceny | theft of personal property |
| bribery | offering or giving something of value to improperly affect an obligation |
| extortion | obtaining something of value that doesn't belong to you (abuse of power, threats, bribery, physical force) |
| conspiracy | a secret plan between two or more people to do something harmful or unlawful |
| forgery | falsely making or altering a writing |
| false pretense | obtaining property by lying about a past or existing factor |
| arson | willful and illegal burning of a building |