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Business law I > Chapter 10 > Flashcards

Chapter 10 Flashcards

1
Q

Crimes are classified as…

A

Felonies or misdemeanors

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2
Q

Felony

A

A severe crime that can result in imprisonment @ a state or federal jail

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3
Q

Misdemeanor

A

A less severe crime punishable by a fine or imprisonment

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4
Q

Petty offense

A

The least serious kind of criminal offense, like traffic or building code violations

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5
Q

To be convicted of a crime, we need…

A

Actus reus and Mens rea

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6
Q

Actrus Reus

A

The guilty act

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7
Q

Can people be punished for attempting a crime?

A

No, unless there were steps taken toward committing the crime

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8
Q

Mens Rea

A

The criminal’s mental intent

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9
Q

A defendant is criminally reckless if…

A

They consciously disregard the risks

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10
Q

Criminal negligence

A

When the defendant takes an unjustified and foreseeable risk that results in harm

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11
Q

Can you be negligent even if you were unaware of the foreseeable risk?

A

Yes

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12
Q

Strict Liability Crimes

A

Offenses where a wrongful mental state needed to establish criminal liability aren’t required

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13
Q

Corporations are held liable for…

A
  1. Crimes by employees under their employment
  2. If they fail to perform specific duties imposed by law
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14
Q

Corporate directors and officers are held liable for…

A
  1. Crimes they commit, regardless of intent
  2. What employees do under their supervision
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15
Q

Responsible Corporate Officer Doctrine

A

Corporate officers who knew about a criminal violation are criminally liable

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16
Q

What are the 4 broad categories of crime?

A
  1. Violent
  2. Property
  3. Public order
  4. White collar
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17
Q

Violent Crimes

A

Crimes against people

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18
Q

Robbery

A

Taking someone else’s personal property by force

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19
Q

Can an act be both a tort and crime?

A

Yes (ex: battery)

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20
Q

Property Crimes

A

Crimes involving economic gain on damaging property

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21
Q

Burglary

A

Breaking an entering w/ the intent of committing a felony

22
Q

Larceny

A

Stealing for keeps

23
Q

What’s the difference between a larceny and a robbery?

A

Larcenies don’t involve force or fear

24
Q

Is receiving goods that’s clearly stolen a crime?

A

Yes, because they should’ve known it was stolen

25
Q

Theft

A

Obtaining goods by false pretenses w/ other property crimes

26
Q

Petty theft

A

Stealing low valued goods

27
Q

Grand theft

A

Stealing high valued goods

28
Q

Arson

A

Maliciously burning property

29
Q

Forgery

A

Making/altering any writing that changes the legal rights and liabilities of another

30
Q

Public order crimes

A

Activities that are immoral or goes against public values

31
Q

White collar crimes

A

Nonviolent crimes committed to obtain a personal or business advantage

32
Q

Embezzlement

A

Stealing money from entrusted persons/property

33
Q

Is larceny also an embezzlement?

A

No because no physical property is taken

34
Q

How is embezzlement typically carried out?

A

By an employee stealing a small chunk of funds over a long period of time

35
Q

People charged w/ crimes can be relieved from criminal liability if…

A

They show their actions were justified

36
Q

Self defense

A

The privilege to defend themselves, assuming the act was reasonable and necessary

37
Q

Non deadly force

A

Force deemed necessary and reasonable for self defense

38
Q

Deadly force

A

Force that can result in death or injury

39
Q

How can deadly force be justified?

A

If the other outcome was immediate death and/or serious harm

40
Q

Necessity (in criminal liability)

A

The crime was necessary to prevent an even greater harm

41
Q

When is necessity justifiable?

A

If an immediate threat was looming and had no other choice

42
Q

Insanity

A

The person simply didn’t have the mental capacity to commit the crime

Lacking the “mens rea”

43
Q

Mistake of fact is valid if…

A

It negates the mental state necessary to commit the crime (no mens rea)

“It was an honest mistake!”

44
Q

Mistake of Law

A

Ignorance/misunderstanding of the law

Isn’t a valid defence

45
Q

Duress

A

The defendant was pressured to commit the crime

46
Q

The duress defense works for most crimes, except…

A

Murder

47
Q

Entrapment

A

The defendant was induced to commit the crime by a public official

48
Q

Is taking advantage of an opportunity by the police entrapment?

A

No

49
Q

Is the police pressuring the defendant to committing a crime entrapment?

A

Yes

50
Q

Search Warrant

A

The authority for officers to search and seize private property

51
Q

There must be _____, the reasonable grounds for believing the person’s property should be searched

A

Probable cause

52
Q

What was the main result of Miranda v Arizona?

A

The police has to inform suspects of their rights before interrogating or arresting them

Business law I (16 decks)

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