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Legal Aspects > Notes From Study Group > Flashcards

Notes From Study Group Flashcards

0
Q

Actus Reus

A

Wrongful conduct

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1
Q

To present one’s side in a legal dispute without government obstruction

A

Due process

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2
Q

Mens rea

A

State of mind of the actor/intent

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3
Q

What is not an essential part of a crime?

A

Motive

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4
Q

Mala in se

A

A crime that is inherently wrong such as murder or rape

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5
Q

Mala prohibitia

A

Wrong by statute such as failure to pay taxes, speeding

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6
Q

Implies a complete disregard for the rights and safety of others resulting in harm. is also a state of mind

A

Recklessness

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7
Q

Did the accused use the same amount of care that a reasonable, prudent person exercising ordinary caution would have used under the same circumstances?

A

The reasonable person test

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8
Q

A violation of law occurs in good faith with believe certain facts existed, which would make the act innocent if the facts did exist

A

Mistake of fact

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9
Q

Reasonable to believe that a crime has been committed by arrestee

A

Probable cause

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10
Q

Excludes evidence obtained by methods in violation of the Constitution

A

Exclusionary rule

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11
Q

Evidence obtained through an unreasonable search is inadmissible

A

Fruit of the poisonous tree

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12
Q

When is it permissible to search employee lockers or desks?

A

When employees are not allowed to use private locks or their own keys

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13
Q

When a person fully acknowledges guilt of a crime

A

Confession

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14
Q

Acknowledgment of facts, but does not constitute a full acknowledgment of guilt

A

Admission

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15
Q

The Miranda rights basically advise arrestees of what two constitutional amendments?

A

The fifth and sixth

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16
Q

What is the Fifth Amendment

A

The rights remain silent

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17
Q

What is the sixth amendment

A

The right to an attorney

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18
Q

Assures the appearance of the accused, must be reasonable, can be denied initially

A

Bail

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19
Q

Came from England; determine probable cause; prosecutor issues indictments

A

Grand jury

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20
Q

How many people are on a grand jury?

A

23

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21
Q

Subpoena Duces Tecumseh

A

A writ to produce documents to a court

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22
Q

How many people are on a Petit jury?

A

12

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23
Q

A writ Directing the recipient to appear and testify

A

Subpoena

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24
Q

What court is used when there is a preponderance of the evidence?

A

Civil court

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25
Q

Duces

A

Document

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26
Q

The unlawful taking of property with the intent of permanent deprivation

A

Larceny

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27
Q

Unlawful entry or remaining within a defined building were actual or constructive notice given in order to commit a crime

A

Burglary

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28
Q

Unlawful taking of property by force or threat of force

A

Robbery

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29
Q

Knowingly drawing a check on an account with insufficient funds

A

Uttering

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30
Q

Declared intentions of contract in writing

A

Express contract

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31
Q

One inferred by law-verbal contract

A

Implied contract

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32
Q

One who has committed a wrongful civil act

A

Tort feasor

33
Q

Measure of negligence by a reasonable person

A

Standard of reasonableness

34
Q

One person acts on behalf of another, express appointment, ratification of action; allowing one with apparent authority to act

A

Agency relationship

35
Q

Employer responsible for actions or non-actions of employee while employee is acting on behalf of employer

A

Respondent superior

36
Q

Element of proximate cause

A

Foreseeability

37
Q

What are the two elements of foreseeability?

A
  1. Prior similar incident

2. Totality of circumstances

38
Q

This remedy prohibits continuing a wrongful act

A

Injunction

39
Q

This remedy is actual or measurable damages such as medical bills or property loss

A

Special or compensatory damages

40
Q

This remedy is not measurable such as pain, suffering, loss of ability to perform, companionship

A

General damages

41
Q

This remedy is to personally punish the defendant for outrageous behavior

A

Punitive damages

42
Q

This remedy is by statute such as stealing of cable services

A

Statutory damages

43
Q

The first 10 amendments to the Constitution

A

The Bill of Rights

44
Q

Searches and seizures; warrants to be supported by probable cause

A

Fourth amendment

45
Q

Self-incrimination; double jeopardy; due process

A

Fifth Amendment

46
Q

Speedy trial; aware of charges; confront witnesses; has the counsel

A

Sixth amendment

47
Q

Provides right to Trial by jury

A

Seventh amendment

48
Q

Prohibits excessive bail and fines; cruel or unusual punishment

A

Eighth amendment

49
Q

Gregory V. Litton 1972

A

Denial of employment only on convictions, not arrest

50
Q

National Labor Relations Act (Wagner Act 1935)

A

Prohibits questions about union membership or affiliations

51
Q

Campus Security Act 1990 (CLEARY)

A

Requires colleges/universities to disclose crime incident data

52
Q

OSHA citation: Expected to cause death or serious harm immediately

A

Imminent danger

53
Q

OSHA citation: Could cause death and employer was aware

A

Serious violation

54
Q

OSHA citation: Likely to cause injury employer was not aware

A

Non-serious violation

55
Q

OSHA citation: No direct relationship to safety or health

A

De minimis violation

56
Q

OSHA citation: Knowing/intentional violation; aware of hazards; or no attempt to correct

A

Willful violation

57
Q

OSHA citation: Second or subsequent violation of same standard

A

Repeated violation

58
Q

Implementing safeguards against accounting errors and/or fraudulent management practice

A

Sarbanes-Oxley Act 2002

59
Q

Federal emergency management agency FEMA

A

Department of Homeland Security

60
Q

Federal law enforcement training Center

A

Department of Homeland Security

61
Q

Transportation security administration

A

Department of Homeland Security

62
Q

US customs and border protection

A

Department of Homeland Security

63
Q

US immigration and customs enforcement

A

Department of Homeland Security

64
Q

US Secret Service

A

Department of Homeland Security

65
Q

Antitrust division

A

Department of Justice

66
Q

Bureau of alcohol, tobacco, firearms and explosives

A

Department of Justice

67
Q

Civil rights division

A

Department of Justice

68
Q

Criminal division

A

Department of Justice

69
Q

Drug Enforcement Administration

A

Department of Justice

70
Q

Federal Bureau of investigation

A

Department of Justice

71
Q

INTERPOL - United States national Central Bureau

A

Department of Justice

72
Q

National crime information Center

A

Department of Justice

73
Q

Office of the Atty. Gen.

A

Department of Justice

74
Q

United States marshals

A

Department of Justice

75
Q

Federal aviation administration

A

Department of Transportation (FHA)

76
Q

Federal Highway administration

A

Department of Transportation (FHA)

77
Q

Federal transit administration

A

Department of Transportation (FHA)

78
Q

National Highway traffic safety administration

A

Department of Transportation (FHA)

79
Q

An offense punishable by imprisonment for term exceeding one year

A

Felony

80
Q

Offense punishable by imprisonment for less than one year

A

Misdemeanor

81
Q

OSHA regulations imply to organizations with how many employees?

A

11 or more

Legal Aspects (14 decks)

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