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LGS 200 > LGS Chapter 10 > Flashcards

LGS Chapter 10 Flashcards

1
Q

T/F- Civil laws pertains to the duties that exist between persons or between persons and their government

A

True

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2
Q

A wrong against society proclaimed in a statute and punishable by society through fines and/or imprisonment- or, in some cases, death

A

Crime

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3
Q

In civil or criminal cases is when a person who has suffered harm brings a lawsuit against those who caused them harm

A

Civil Cases

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4
Q

In civil or crime cases, which are offenses against society as a whole and are prosecuted by public officials

A

Crime

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5
Q

T/F-In crime cases, preponderance of the evidence means that the plaintiff must convince the court that based on the evidence presented by both parties, it is more likely than not that the plaintiff’s allegation is true.

A

False, in civil cases preponderance of the evidence is used

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6
Q

When the plaintiff must convince the court that based on the evidence presented by both parties in civl cases

A

Preponderance of the evidence

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7
Q

What is the standard used to determine the guilt or innocence of a person criminally charged.

A

Beyond a reasonable doubt

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8
Q

What is designed to punish those who commit crimes and to deter others from committing similar acts in the future
Examples: Fines, incarceration, and death penalty

A

Criminal Sanctions

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9
Q

What 2 torts provide a basis for criminal and civil prosecution?

A

Assault and Battery

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10
Q

A crime—such as arson, murder, rape, or robbery—that carries the most severe sanctions, usually ranging from one year in a state or federal prison to the forfeiture of one’s life

A

Felony

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11
Q

A lesser crime than a felony, punishable by a fine or imprisonment for up to one year in other than a state or federal penitentiary

A

Misdemeanor

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12
Q

The least serious kind of criminal offense, such as a traffic or building- code violation.

A

Petty Offense

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13
Q

What 2 elements must exist simultaneously for a person to be convicted of a crime?

A

Actus reus- prohibited act
Mens rea- specified state of mind

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14
Q

T/F- For crimes to exist, the guilty act does not have to cause harm to a person or property

A

False,For crimes to exist, the guilty act must cause harm to a person or property

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15
Q

What is this an example of?
Murder involves the guilty act of killing another human being, and the guilty mental state is the desire, or intent, to take another’s life.
• Theft involves the guilty act of taking the property that belongs to an owner, and the guilty mental state is the desire, or intent, to deprive the owner of their property.

A

Mens rea

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16
Q

a defendant is criminally reckless if he or she consciously disregards a substantial and unjustifiable risk is defined as

A

recklessness

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17
Q

A fourteen-year-old New Jersey girl posts a Facebook message saying that she is going to launch a terrorist attack on her high school and asking if anyone wants to help. The police arrest the girl for the crime of making a terrorist threat. The statute requires the intent to commit an act of violence with “the intent to terrorize” or “in reckless disregard of the risk of causing” terror or inconvenience. Although the girl argues that she did not intend to cause harm, the police can prosecute her under?

A

Recklessness

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18
Q

What type of negligence involves the mental state in which the defendant takes an unjustified, substantial, and foreseeable risk that results in harm

A

Criminal Negligence

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19
Q

Dr. Conrad Murray, the personal physician of pop star Michael Jackson, was convicted of involuntary manslaughter for prescribing the drug that led to Jackson’s sudden death. Murray had given Jackson propofol, a powerful anesthetic normally used in surgery, as a sleep aid on the night of his death, even though he knew that Jackson had already taken other sedatives.

A

Criminal Negligence

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20
Q

T/F- Strict liability crimes are offenses that do not require a wrongful mental state to establish criminal liability

A

TRUE

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21
Q

Crimes that cause others to suffer harm or death, such as murder, assault and battery, and robbery.

A

Violent Crime

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22
Q

Crimes in which the goal of the offender is some form of economic gain or the damaging of property. Property crime includes theft-related offenses such as burglary, larceny, and forgery.

A

Property Crime

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23
Q

Crimes that are contrary to public values and morals, such as public drunkenness and prostitution

A

Public Order Crimes

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24
Q

n illegal act or series of acts committed by an individual or business entity using some nonviolent means to obtain a personal or business advantage. These crimes are usually committed in the course of a legitimate occupation. Examples include embezzlement, bribery, and fraud.

A

White Collar Crimea

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25
Q

Crime conducted by groups operating illegitimately to provide illegal goods and services, such as narcotics. Organized crime may also include money laundering and racketeering.

A

Organized Crime

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26
Q

T/F- A criminal conspiracy exists when two or more people agree to commit an unlawful act and then take some action toward its completion.

A

True

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27
Q

In Arizona, a hunter who shoots an elk outside the area specified by the hunting permit has committed a crime. The hunter can be convicted of the crime regardless of her or his intent or knowledge of the law.
Whether he knew he broke the law, what crime did he commit?

A

State Crimes

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28
Q

What are Corporate entity’s liable of?

A

-crimes committed by their agents and employees within the course and cope of their employment
-for failing to perform specific duties imposed by law

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29
Q

A prostitution ring, the Gold Club, was operating out of some motels in West Virginia. A motel manager, who was also a corporate officer, gave discounted rates to Gold Club prostitutes, and they paid him in cash. The corporation received a portion of the funds generated by the Gold Club’s illegal operations. Who is liable?

A

A jury found that the corporation was criminally liable because a supervisor within the corporation—the motel manager—had knowledge of the prostitution activities and the corporation had allowed the crimes to continue

30
Q

What is the liability of corporate officers and directors?

A

Corporate directors and officers are personally liable for the crimes they commit, regardless of whether the crimes were committed for their private benefit or on the corporation’s behalf
May be held liable for the actions of employees under their supervision

31
Q

Under what act would a court impose criminal liability on a corporate officer who participated in, directed, or merely knew about a given criminal violation.

A

Responsible Corporate Officer Doctrine

32
Q

Austin DeCoster owned and controlled Quality Egg, LLC, an egg production and processing company with facilities across Iowa. His son Peter DeCoster was the chief operating officer. Due to unsanitary conditions in some of its facilities, Quality shipped and sold eggs that contained salmonella bacteria, which sickened thousands of people across the United States. Who would be prosecuted and why

A

The federal government prosecuted the DeCosters under the responsible corporate officer doctrine based, in part, on Quality’s failure to comply with regulations on egg production facilities.

33
Q

What crimes are against persons?

A

Violent Crimes

34
Q

the act of forcefully and unlawfully taking personal property of any value from another is considered?

A

robbery

35
Q

T/F- Force or intimidation is NOT necessary for an act of theft to be considered robbery

A

False it IS neccessary

36
Q

What is aggravated robbery?

A

robbery with the use of a deadly weapon

37
Q

T/F-Each violent crime is classified by degree, depending on the circumstances surrounding the criminal act which include:
The intent of the person committing the crime
Whether a weapon was used
What was the pain and suffering endured by the victim of the crime

A

True

38
Q

What is the most common type of crime?

A

Property Crime

39
Q

The unlawful entry into a building with the intent to commit a felony.
Common law required the act to occur at night

A

Burglary

40
Q

The wrongful taking and carrying away of another person’s personal property with the intent to permanently deprive the owner of the property.

A

Larceny

41
Q

2 Types of larceny

A

grand and petty

42
Q

a form of theft that involves trickery or fraud
Example: using someone else’s credit card without their permission

A

Obtaining goods by means of false pretenses

43
Q

What are the 2 specific types of theft?

A

Grand and Petty

44
Q

The theft of a small quantity of cash or low value goods is known as

A

petty theft

45
Q

the theft of a larger amount of cash or higher value property

A

grand theft

46
Q

T/F- It is a crime to receive goods that a person knows or should have known were stolen or illegally obtained

A

True, Receiving stolen goods

47
Q

the fraudulent making or altering of any writing in a way that changes the legal rights and liabilities of another

A

Forgery

48
Q

What crimes are known as victimless crimes?

A

Public Order Crimes

49
Q

A flight attendant observes a man and woman engaging in sex acts while on a flight to Las Vegas. A criminal complaint is filed, and the two defendants plead guilty in federal court to misdemeanor disorderly conduct.
This is an example of what crime?

A

Public Order Crime

50
Q

A type of crime typically carried out by an employee who steals funds a small amount at a time over a long period.

A

Embezzlement

51
Q

The crime of what involves offering to give something of value to a person in an attempt to influence that person in a way that serves a private interest

A

Bribery

52
Q

T/F-There is only 1 crime in bribery and that is when the bribe is offered and accepted.

A

False, the crime of bribery occurs when the bribe is offered
Accepting a bribe is a separate crime

53
Q

What are the 3 types of bribery?

A

-Bribery of public officials
-Commercial bribery
Involves corrupt dealings between private persons or businesses
So call kickbacks, or payoffs for special favors or services
-Bribery of foreign officials

54
Q

What does the Foreign Corrupt Practices Act prohibit?

A

prohibits the bribery of most officials of foreign governments if the purpose of the payment is to motivate the official to act in his or her official capacity to provide business opportunities

55
Q

T/F- The FCPA does not prohibit payments made to minor officials whose duties are ministerial

A

True

56
Q

-Requires that all companies keep detailed records that “accurately and fairly” reflect their financial activities
-Requires the accounting systems of all companies to provide “reasonable assurance” that all transactions entered into the systems are accounted for and legal
-Prohibits any person from making false statements to accountants or false entries in any record or account

A

Used to assist in detecting bribes by the FCPA

57
Q

A person may not profit from the purchase or sale of securities based on inside information until the information is made available to the public.

A

Insider Trading

58
Q

Two prongs of when an individual may not trade based upon “insider” information
possesses insider information – AND – •
has a duty to not to disclose it to outsiders

A

just know

59
Q

The Economic Espionage Act makes it a federal crime to:
Steal trade secrets
Buy or possess another person’s trade secrets, knowing that the trade secrets were stolen or otherwise acquired without the owner’s authorization

A

Theft of Trade Secrets and Other Intellectual Property

60
Q

Falsely reporting income that has been obtained through criminal activity as income obtained through a legitimate business enterprise—in effect, “laundering” the “dirty money.”
Used to conceal identity, source or destination of illegally gained funds

A

Money Laundering

61
Q

-Use income obtained from racketeering activity to purchase any interest in an enterprise.
-Acquire or maintain an interest in an enterprise through racketeering activity.
-Conduct or participate in the affairs of an enterprise through racketeering activity.
-Conspire to do any of the preceding activities.

A

Racketeer Influenced and Corrupt Organizations Act (RICO). The statute makes it a federal crime to:

62
Q

T/F- In the event of violation of Racketeer Influenced and Corrupt Organizations Act, government can seek criminal and civil penalties

A

True

63
Q

Crimes included are murder, kidappping, gambling,arson, robbery, bribery,extortion, money laundering, securities fraud, counterfeiting,dealing in controlled substances
If a person commits two of these offenses, he or she is guilty of “racketeering activity”

A

RICO incorporates by reference 35 separate types of federal and state crimes

64
Q

Persons charged with crimes may be relieved of *** if they can show their criminal actions were justified under the circumstances
If he or she lacks the required mental state

A

Criminal Liability

65
Q

Best-known defense to criminal liability is self defense

A

Justifiable use of force

66
Q

the legally recognized privilege to protect one’s self or property against injury by another

A

self defense

67
Q

Deadly force can be used in self-defense only when the defender reasonably believes that imminent death or grievous bodily harm will otherwise result. • Concept known as

A

Castle Doctrine

68
Q

criminal defendants can be relieved of liability by showing necessity—that a criminal act was necessary to prevent an even greater harm

A

defense neccessity

69
Q

T/F- Expert witnesses share their professional opinion not a fact

A

True

70
Q

A defense against liability. • Under Section 3.02 of the Moral Penal Code, this defense is justifiable if “the harm or evil sought to be avoided” by a given action “is greater than that sought to be prevented by the law defining the offense charged.”

A

Necessity

71
Q

Jake Trevor is a convicted felon and, as such, is legally prohibited from possessing a firearm. While he and his wife are in a convenience store, a man draws a gun, points it at the cashier, and demands all the cash in the register. Afraid that the man will start shooting, Trevor grabs the gun and holds onto it until police arrive. In this situation, if Trevor is charged with possession of a firearm, he can assert the defense of necessity.

A

Necessity

72
Q

James Holmes opened fire with an automatic weapon in a crowded Colorado movie theater during a screening of The Dark Knight Rises, killing twelve people and injuring seventy. Holmes had been a graduate student but had suffered from mental health problems and had left school. Before the incident, he had no criminal history. Holmes’s attorneys asserted the defense of insanity to try to avoid a possible death sentence. Although a jury ultimately rejected the defense and convicted Holmes of multiple counts of murder, he was sentenced to life in prison rather than death. If the insanity defense had been successful, Holmes would have been confined to a mental institution, not a prison

A

Insanity

LGS 200 (3 decks)

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