Business Law 6.0 Flashcards

Chapter 6

1
Q

4 Purposes of our criminal justice system

A
  1. protect society
  2. punishment
  3. deterrence
  4. rehabilitate
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2
Q

protect society

A

self expalniatory - make sure no one is harmed

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3
Q

punishment

A

provide justice whether it is good or bad, those who break the law or commit a crime should be punished

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4
Q

deterrence

A

“this is what happens when you break the law”

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5
Q

rehabilitate

A

when someone is punished for a wrongful act, help them get better and change

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6
Q

burden of proof

A

how much the plaintiff needs to win by in court

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7
Q

example of burden of proof

A

even if you won by 1 point, you still won

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8
Q

civil case

A

plaintiff must prove their claims by a preponderance of the evidence

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9
Q

preponderance

A

just enough

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10
Q

criminal case terminology

A

beyond a reasonable doubt

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11
Q

the criminal case range for the belief that someone could be guilty

A

80%-99%

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12
Q

why not 100% guilty?

A

because if you robbed a bank, and there is video footage of it but you had a literal target on your back that the camera could not have picked up on, you would NOT be guilty, despite the obvious footage of you completing the act

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13
Q

can you be proven innocent

A

no- you can only be guilty or not guilty

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14
Q

what separates a criminal from a civil case

A

evidence

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15
Q

crime

A

any act or omission forbidden by law to protect society, punishable by the government in court

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16
Q

ways that ‘we’ punish people for committing crimes

A

jail and/or prison
death penalty
fines
community service
home confinement
revocation of rights (driving and guns)

17
Q

what is the difference between jail and prison

A

jail is short term and prison is long term

18
Q

what has to happen or exist for something to be a crime

A

there has to be a bad act and a bad intent

19
Q

larceny or tresspassory

A

taking and carrying away of the property of another with the intent to permanently deprive the victim of the property

20
Q

when is the intent of larceny measured

A

at the point in time when the property was taken

21
Q

embezzlement

A

wrongfully taking money or property while you are in lawful possession of it

22
Q

fake pretenses

A

making false statements of fact (not opinion) to obtain money or property with the intent to defraud (picasso example)

23
Q

if i go into a pawn shop with what i know to be the real picasso painting and the pawn person shrugs it off is it false pretense

A

no because there was no false statement

24
Q

however, if the pawn person says “that is not real” is it false pretense?

A

yes

25
Q

robbery

A

the same thing as larceny, but with force or the threat of force

26
Q

burglary

A

breaking and entering into a building with the intent to commit a felony in the building

27
Q

felony

A

a serious crime

28
Q

the term “breaking” in the phrase breaking and entering does or doesnt mean what?

A

does not mean literally “break” down the door or through the wall, could simply be opening the door or walking through a door that is even open

29
Q

extortion or blackmail

A

making threats to obtain something of value

30
Q

for extortion threats dont have to be ____ and value is considered _____

A

threats do not have to be physical and value is considered anything

31
Q

bribery

A

offering something of value to a public official to influence that officials opinion

32
Q

what is a public official

A

someone who works for the government

33
Q

why to ethical companies have invoices in place

A

because if a boss or a professional takes you on a vip trip and then asks you for a favor, thats technically bribing, and invoices are sent with the monetary values of “leisurely” experiences to prevent claims of bribing

34
Q

forgery

A

making or giving a false document with the intent to defraud

35
Q

what is an example of forgery besides copying your bosses signature on you time sheet

A

a false balance sheet that the cfo could submit provide