- StudyBlue
- Missouri
- University of Missouri- Columbia
- Management
- Management 3540
- Swenson
- MGMT 3540 exam 1
MGMT 3540 exam 1
Management 3540 with Swenson at University of Missouri- Columbia
About this deck
By: Kristine Aslhey
Created: 2012-02-03
Size: 192 flashcards
Views: 109
Created: 2012-02-03
Size: 192 flashcards
Views: 109
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law
a body of rules enforced by a government
the rule of law
the concept that no one is above the law, and that no one can be convicted of breaking the law except as the law provides. from the highest official to the lowliest member of society, all tare subject to the same laws.
2 sources of law
philosophical and practical
practical sources of law
where do we find the law currently enforced by our government
philosophical sources of law
where does law originate? or where should law originate
contract
an enforceable promise or set of promises
plaintiff
the party which files a lawsuit against another party
defendant
the person sued
cause of action
in order to sue another person, a party must be able to allege a cause of action-a set of facts giving rise to a valid lawsuit
breach of contract
a failure to fulfill contractual obligations
tort
a civil (noncriminal) wrong, other than breach of contract for which the law provides a remedy
-besides breaches of contract, this is another major category of lawsuit or cause of action
-IE: false imprisonment
-besides breaches of contract, this is another major category of lawsuit or cause of action
-IE: false imprisonment
negligence
an unintentional violation of a legal duty to use a standard of care
common law
a system of court-made law where the rules are derived from preciously decided cases called precedents
stare decisis
the legal doctrine that requires courts to follow previous decisions called precedents
judicial review
legal doctrine which says that courts determine the constitutionality of statutes
statutes
acts of congress or state legislatures
4 philosophical schools of law
1. natural law school
2. positivists school
3. traditional (historical) school
4. legal realists school
2. positivists school
3. traditional (historical) school
4. legal realists school
Natural School of Law
the theory that law comes from unchangeable principles evident from nature or inspired by God
-Declaration of Independence (all men created equal)
-Declaration of Independence (all men created equal)
positivist school
government's rules are supreme
-definition of law above, nothing about God, justice or morality
-ex: Hitler and the Nazis
-definition of law above, nothing about God, justice or morality
-ex: Hitler and the Nazis
Traditional (historical) school
law which has worked in the past is best suited to shape present law
-if it works, don't fix it
-ex: stare decisis, following precedent
-if it works, don't fix it
-ex: stare decisis, following precedent
Legal Realists School
there is no uniform way to interpret the law; result oriented considering the impact on the parties and society; many are semantic relativists
semantic relativists
the people who believe you can twists words/interpretations to make it work the way you want it to work
3 sources of federal law by priority
1. U.S. Constitution
2. Statutes and Treaties
3. Administrative Rules
2. Statutes and Treaties
3. Administrative Rules
U.S. Constitution
the supreme law of the land (supremacy clause)
supremacy clause
the Constitution and the laws enacted thereunder are the supreme law of the land
Statutes and Treaties
acts of congress and treaties entered by the president and approved by the senate
Administrative Rules
Laws adopted by Administrative agencies
4 sources of STATE law by priority
1. constitution of the state
2. statutes adopted by the legislature
3. administrative rules
4. municipal ordinances
2. statutes adopted by the legislature
3. administrative rules
4. municipal ordinances
Case Law (Common Law)
court-made, the law established by courts particularly in areas of contract and tort law
-overruled by a contrary statute ordinance or rule unless the law involved is ruled unconstitutional
-overruled by a contrary statute ordinance or rule unless the law involved is ruled unconstitutional
2 types of persuasive authority
uniform codes and restatements
uniform codes
statutory schemes compiled by experts to be adopted by state legislature to help insure consistency of the law in all the states
restatements
common law schemes compiled by experts to influence courts and encourage nationwide consistency
2 types of agencies
independent agency and executive agency
independent agency
an agency designed to be free from the direct authority of the president (or governor)
-only can be removed from position for a cause/misconduct
-IE: FTC, SEC
-have power of all three branches
-only can be removed from position for a cause/misconduct
-IE: FTC, SEC
-have power of all three branches
executive agency
an agency whose head is directly subject to the president
-IE: cabinet level agencies, IRS, EPA
-IE: cabinet level agencies, IRS, EPA
criminal law
involves wrongs against society punished by the state through prosecution
civil law
involves wrongs against persons or entities enfoced by lawsuits to obtain money or other remedies
substantive law
defines rights and duties
procedural law
defines the method or process by which violations of rights or duties will be enforced
statutory law
law adopted by a legislative body
-city councils, municipal ordinances
-city councils, municipal ordinances
case law
law created by court decision
-adoption of comparative fault
-adoption of comparative fault
origins of common law courts
a uniform set of laws derived from following precedents in England
origins of equity courts
created by the king because people whose problems could not be solved by common law courts/suits would _______ the king
common law today
-sue for money damages or return of property
-right to a jury trial to determine facts in question
-right to a jury trial to determine facts in question
equity today
-sue for a court order compelling an act or a change in status
-judge determines the facts in question
-judge determines the facts in question
res judicata
"it's been decided"
-an issue decided in one case between parties is upon the parties in another case between parties. it won't be litigated again
-an issue decided in one case between parties is upon the parties in another case between parties. it won't be litigated again
class action
one or more member of a group of injured parties sue on behalf of the group (class)
-only if they opt in to group
-only if they opt in to group
standing
a person needs a tangible interest in a lawsuit to sue or become a party
-ex: grandparents visitation
-ex: grandparents visitation
jurisdiction
"to speak the law"-the authority of a court to decide a case
proper venue
the word "venue" means "place" proper venue is the place where a case may properly be deiced under the law
adjudication
the process of litigation resulting in a binding (enforceable) final judgment
adversary system
a trial system where the evidence is present by party opponents, rather than through questions of a judge
evidence
the testimony of witnesses and the documents and objects admitted to consideration as part of that testimony
4 levels of courts in order of priority
1. supreme court
2. court of appeals (circuit court of appeals)
3. circuit court of county (district court)
4. courts of limited jurisdiction
2. court of appeals (circuit court of appeals)
3. circuit court of county (district court)
4. courts of limited jurisdiction
supreme court
the highest appellate court court of last resort) in both the sate and federal system. appeals from state supreme courts may be made in the US supreme court if there is a federal question involved
court of appeals (circuit court of appeals)
the intermediate appellate courts--typically the first court to which an aggrieved party (loser) may appeal
circuit court of county (district court)
the trial court of general jurisdiction in which most important cases are filed
courts of limited jurisdiction
courts whose authority is limited by subject matter or the amount in controversy
2 types of required jurisdiction
personal jurisdiction
subject matter jurisdiction
subject matter jurisdiction
personal jurisdiction
jurisdiction over the defendant. a state or federal court has personal jurisdiction over:
-residents of the state where court sits
-persons or entities with at east minimum contacts with the state where court sits
-long arm jurisdiction statutes
-residents of the state where court sits
-persons or entities with at east minimum contacts with the state where court sits
-long arm jurisdiction statutes
long arm jurisdiction statutes
typically provide for jurisdiction over a defendant who has entered a contract in the state, committed a tort in the state or has minimum contacts with the state
subject matter jurisdiction
the jurisdiction over the type of lawsuit
exclusive jurisdiction
either a federal or state court is the court which may hear a case (not both)
concurrent jurisdiction
both federal and state courts have jurisdiction over the type of case. the plaintiff chooses to file in one or the other
5 alternative dispute resolutions (ADR)
1. arbitration
2. negotiation
3. mediation
4. summary jury trial
5. mini trial
2. negotiation
3. mediation
4. summary jury trial
5. mini trial
arbitration
a BINDING process in which an arbitrator hears evidence and enters an enforceable decision. generally much less costly than a trial and eliminates appeals
negotiation
an attempt by disputing parties to resolve their dispute informally, with or without attorneys present
mediation
a nonbinding process in which a mediator aids parties in negotiating a dispute. often judges get involved in mediation through required settlement conferences before the trial judge or another judge
summary jury trial
a shortened trial before an unofficial jury which makes a nonbinding, advisory decision, often ordered by a judge in complex cases to help the parties settle the case
mini trial
a shortened trial before an unofficial judge, who makes a nonbinding decision (recommendation)
goal of ADR
resolution of a dispute with as little cost of time and money as possible
6 stages of a lawsuit
1. pleadings
2. discovery
3. pre-trial motions
4. trial--six phases
5. post-trial motions
6. appeal
2. discovery
3. pre-trial motions
4. trial--six phases
5. post-trial motions
6. appeal
pleadings
stage 1 of a lawsuit
-complaint (known as a petition in MO)
-responsive motion or answer
-complaint (known as a petition in MO)
-responsive motion or answer
complaint
initiates the lawsuit; attempts to state one or more causes of action (valid claims)
-served with a summons requiring an answer to be filed with the court by a certain time or an appearance in court on a certain date
-served with a summons requiring an answer to be filed with the court by a certain time or an appearance in court on a certain date
responsive motion or answer
failure to file can appropriate response can result in a default judgment which means the defendant loses the case without a trial
-a counterclaim (cause of action against the plaintiff by the defendant) may be included with the answer
-a counterclaim (cause of action against the plaintiff by the defendant) may be included with the answer
discovery
2nd stage of a lawsuit
-the process of gathering information from parties or non parties prior to trial
-4 major types
-the process of gathering information from parties or non parties prior to trial
-4 major types
4 major types of discovery
1. interrogatories
2. request for admissions
3. request fro production
4. depositions
2. request for admissions
3. request fro production
4. depositions
interrogatories
written questions sent to a party which must be answered in writing and under oath
request for admissions
written statements sent to a party which must be admitted or denied
requests for production
a written request sent to a party requiring the delivery of documents or objects at a specified place and time
depositions
an in-person oral examination (questioning) of a party or a non party witness under oath
pre-trial motions
3rd stage of a lawsuit
motions filed in the case prior to the time trial begins
-motions to dismiss
-motion for summary judgment
motions filed in the case prior to the time trial begins
-motions to dismiss
-motion for summary judgment
motion to dismiss
a motion (request to the court) typically filed by the defendant asking the court to throw out the petition
-ex: failure to state a cause of action; lack of jurisdiction or standing
-ex: failure to state a cause of action; lack of jurisdiction or standing
motion for summary judgment
a motion which may be filed by any party asking for a judgement based upon affidavits and the sworn evidence uncovered during the discovery
-requires the court to find that there is no genuine issue of material fact
-requires the court to find that there is no genuine issue of material fact
trial-6 stages
4th stage of a law suit
1. voir dire (jury selection)
2. opening statement
3. plaintiff's case
4. defendant's case
5. rebuttal by plaintiff
6. closing arguments
1. voir dire (jury selection)
2. opening statement
3. plaintiff's case
4. defendant's case
5. rebuttal by plaintiff
6. closing arguments
voir dire (jury selection)
trial 1
voir dire means "to tell the truth"
the potential jurors are question under oath about bias or prejudice against or in favor of one of the parties
voir dire means "to tell the truth"
the potential jurors are question under oath about bias or prejudice against or in favor of one of the parties
opening statement
trial 2
a statement of the evidence the parties intend to present at trial
a statement of the evidence the parties intend to present at trial
plaintiff's case
trial 3
direct examination-questions by the party who calls the witness
cross-examination-question by the other party
redirect examination-new questions to a party's witness to eliminate damage or confusion to the case caused by cross examination
direct examination-questions by the party who calls the witness
cross-examination-question by the other party
redirect examination-new questions to a party's witness to eliminate damage or confusion to the case caused by cross examination
defendant's case
trial 4
direct, cross, and redirect examination
direct, cross, and redirect examination
rebuttal by plaintiff
trial 5
calling new witnesses to contradict the evidence produced by the defendant
calling new witnesses to contradict the evidence produced by the defendant
closing arguments
trial 6
also called summation; the opportunity of the parties' attorneys to summarize their case and all the inferences of the evidence and to make a logical or emotional argument to the jury
also called summation; the opportunity of the parties' attorneys to summarize their case and all the inferences of the evidence and to make a logical or emotional argument to the jury
post-trial motions
stage 5 of a lawsuit
motions filed after trial seeking to change the result
-motion for new trial
-motion for judgment N.O.V (notwithstanding the verdict)
motions filed after trial seeking to change the result
-motion for new trial
-motion for judgment N.O.V (notwithstanding the verdict)
appeal
stage 6 of a lawsuit
a request by an aggrieved party (loser) to an appellate court to change a trial court's decision
-4 possible decisions
a request by an aggrieved party (loser) to an appellate court to change a trial court's decision
-4 possible decisions
4 possible decisions of an appeal
1. affirm-let the decision stand
2. reverse-throw out the decision or enter an opposite decision
3. remand-send the case back to the trial court
4. combinations of all 3
2. reverse-throw out the decision or enter an opposite decision
3. remand-send the case back to the trial court
4. combinations of all 3
tortfeasor
person committing a tort
joint tortfeasors
two or more people who join together in committing a tort
-pay someone $20 to punch your enemy
-pay someone $20 to punch your enemy
joint and several liability
allows victim to collect total damages from both or from one joint tortfeasors
intent
purpose to do the act is all that is required-do not have to intend harm or results. reckless disregard of potential harm is usually enough
nonfeasance
failure to act, e.g. failure to rescue someone in danger. generally no liability for nonfeasance without a contractual or employment duty
-watching someone drown....but you are not a lifeguard or firefighter or anything of that sort
-watching someone drown....but you are not a lifeguard or firefighter or anything of that sort
assault
an intentional act causing IMMEDIATE expectation of injury or offensive contact to another person
3 elements required to prove an assault
1. required intent for both assault and battery; intend to harm or scare
2. act: must be some outward movement creating immediate expectation of danger
3. result: reasonable expectation of immediate injury or offensive contact
2. act: must be some outward movement creating immediate expectation of danger
3. result: reasonable expectation of immediate injury or offensive contact
battery
an intentional act causing another person injury or offensive contact
3 elements required to prove a battery
1. intent: intend to harm or scare, transferred intent
2. act: movement creating immediate expectation of danger
3. result: injury or physical contact offensive to a reasonable person
2. act: movement creating immediate expectation of danger
3. result: injury or physical contact offensive to a reasonable person
transferred intent
ex: wing a bat at someone but you miss them because they ducked so you then hit the person behind them even though they were not your original target
4 defenses to assault and battery (first 2)
1. consent: victim agrees to physical contact (contact sports, surgery)
2. self defense: the privilege to use the amount of force reasonably necessary to repel real or apparent danger
2. self defense: the privilege to use the amount of force reasonably necessary to repel real or apparent danger
4 defenses to assault and battery (second 2)
3. defense of others: using a reasonable force to protect others
4. defense of property: use a reasonable amount of force to repel apparent danger to property
4. defense of property: use a reasonable amount of force to repel apparent danger to property
the castle doctrine
the ability to use deadly force to protect one's home when you are there and someone tries to enter without permission
-in Missouri, this same rule applies for when you are in an occupied motor vehicle
-in Missouri, this same rule applies for when you are in an occupied motor vehicle
false imprisonment
the intentional detention of another within boundaries for any length of time, with that person's knowledge and without consent
2 elements required for proof of false imprisonment
intentional detention of another
with that person's knowledge and without consent
with that person's knowledge and without consent
shopkeeper's privilege
a merchant with reasonable cause to suspect shoplifting may detain suspect reasonable manner for a reasonable length of time
intentional infliction of emotional distress
an intentional act of extreme or outrageous nature causing severe emotional distress
-shows hesitance to allow recovery for emotional injury alone
-shows hesitance to allow recovery for emotional injury alone
three elements of poof for intentional infliction of emotional distress
1. intentional act
--purpose or recklessness
2. extreme or outrageous nature
3. causing severe emotional distress: medically significant and medically diagnosable emotional distress
--purpose or recklessness
2. extreme or outrageous nature
3. causing severe emotional distress: medically significant and medically diagnosable emotional distress
defamation
a publication of a defamatory false statement of fact
4 elements of proof for defamation
1. publication
2. defamatory: injures the reputation
3. false statement of fact: not an opinion or prediction
4. through the fault of the defendant
2. defamatory: injures the reputation
3. false statement of fact: not an opinion or prediction
4. through the fault of the defendant
publication
statement to a third party (a person other than the subject of the statement)
defenses of defamation
1. absolute privilege
2. conditional privilege
3. truth
4. retraction
2. conditional privilege
3. truth
4. retraction
absolute privilege
statements made during government hearings are not roper cause for a defamation lawsuit
-defense of defamation
-defense of defamation
conditional privilege
statements made as a matter of defendant's business interest are not actionable unless made with actual malice
-defense of defamation
-defense of defamation
truth
statement by defendant must be false to be actionable
-defense of defamation
-defense of defamation
retraction
a defense to lessen damages only
-defense of defamation
-defense of defamation
4types of invasion of privacy
1. intrusion upon solitude
2. public disclosure of private facts
3. false-light publicity
4. appropriation of likeness or name
2. public disclosure of private facts
3. false-light publicity
4. appropriation of likeness or name
intrusion upon solitude example
"bugging" someone's residence
-invasion of privacy
-invasion of privacy
public disclosure of private facts example
nurse tells her friend that her boyfriend's (nurse's patient) has an STD
-invasion of privacy
-invasion of privacy
false-light publicity
publish someone's photo in a negative manner
-invasion of privacy
-invasion of privacy
appropriation of likeness or name
someone else using my name, picture, or logo to sell their product
-invasion of privacy
-invasion of privacy
fraudulent misrepresentation
intentional misrepresentation of material fact reasonably relied on by plaintiff, resulting in damages
four elements of proof for fraudulent misrepresentation
1. misrepresentation of material fact
2. intent to deceive
3. reasonable reliance by the victim
4. causation of damages
2. intent to deceive
3. reasonable reliance by the victim
4. causation of damages
examples of fraud
1. no reasonable reliance
2. no misrepresentation of fact
2. no misrepresentation of fact
trespass to land
the intentional entry onto the land of another without permission
trespass to chattels
an intentional damaging or deprivation of another's personal property
conversion
an intentional, severe damaging or intentional retention of another's personal property
nuisance
an unjustified interference with the use or enjoyment of another person's real estate
intentional interference with a contract
occurs when the defendant intentionally induces a third party to break a contract with the plaintiff
negligence
an unintentional violation of a legal duty to use a standard of care
elements of proof for negligence
1. unintentional act
2. legal duty to use a standard of care
3. was there a violation of the required standard of care?
4. did the negligence of the defendant cause the plaintiff's damages?
negligence per se
requires the plaintiff to prove only a violation of a relevant safety statute in order for the defendant to be automatically liable for negligence
two factors to satisfy the causation requirement for negligence
1. causation in fact
2. proximate cause
causation in fact
the negligence of the defendant was an essential factor in the chain of events causing the plaintiff's damages
proximate cause
present in a negligence case when the harm caused the plaintiff is of a type reasonably foreseeable to someone in the defendant's position and is not too remote in the chain of events
superseding cause
an unexpected event which intervenes in such a surprising way that it doesn't seem fair for the defendant's negligence to be considered the cause of the ultimate injury
comparative negligence
requires that the recovery of the plaintiff be reduced by the percentage of fault which the jury attributes to the plaintiff
contributory negligence
allows the defendant to completely avoid liability if the plaintiff was at all negligent in causing the injury
assumption of risk
allows the defendant to avoid liability where the plaintiff voluntarily encountered a known risk
sovereign immunity
allows the government to escape tort liability in any lawsuit, unless there is a specific statute allowing liability
official immunity
allows govt employees to escape liability for damages resulting from policy decisions if there was no malice by the official who made the decision
strict liability
imposes liability without fault, so that neither negligence nor an intentional wrongful act is required for the defendant to be liable for the plaintiff's damages
strict products liability
imposes responsibility upon a defendant who markets a product in a defective, or unreasonably dangerous, condition
types of constitutional protections
1) protection against unreasonable search and seizure (4th amend. right)
2) right to remain silent
3) right to counsel
4) right to notice of charges
5) right to confront witnesses
6) right to speedy trial by jury
7) protection against double jeopardy
2) right to remain silent
3) right to counsel
4) right to notice of charges
5) right to confront witnesses
6) right to speedy trial by jury
7) protection against double jeopardy
exceptions to a warrant-less search
(1) valid consent
(2) search incident to (as part of) a valid arrest
(3) exigent (emergency) circumstances
(2) search incident to (as part of) a valid arrest
(3) exigent (emergency) circumstances
right to remain silent
5th amendment right not be compelled to testify against yourself in a criminal trial
-zealously protected: even a comment by the prosecutor on a defendant's failure to testify will typically result in a mistrial
-zealously protected: even a comment by the prosecutor on a defendant's failure to testify will typically result in a mistrial
right to counsel
6th amendment right to be informed of the exact criminal charge against you
-begins with arrest and ends with appeal
-govt pays for a an attorney for defendant if they can't afford one
-begins with arrest and ends with appeal
-govt pays for a an attorney for defendant if they can't afford one
right to notice of charges
6th amendment right to be informed of the exact criminal charge against you
-importance: preparing a defense
-importance: preparing a defense
right to confront witnesses
6th amendment right to have witnesses testify in front of you and to cross examine the witness
-importance: assessing bias and verifying truthfulness
-importance: assessing bias and verifying truthfulness
right to speedy trial by jury
6th amendment right to be tried quickly and have a jury decide guilt or innocence
protection against double jeopardy
5th amendment right: a criminal defendant may not be tried twice for the same offense
-loopholes: hung jury (don't have a direct verdict) which leads to a mistrial, different jurisdictions
-loopholes: hung jury (don't have a direct verdict) which leads to a mistrial, different jurisdictions
Miranda Rights
a suspect must be informed of his constitutional rights before he can validly waive them
--applies to any custodial interrogations
--evidence discovered during illegal questioning, such as a confession, will be inadmissible under the exclusionary rule
--applies to any custodial interrogations
--evidence discovered during illegal questioning, such as a confession, will be inadmissible under the exclusionary rule
exclusionary rule
evidence illegally obtained by police is inadmissible in a criminal trial
-resulting discoveries are also admissible--"fruit of the poisonous tree doctrine"
-resulting discoveries are also admissible--"fruit of the poisonous tree doctrine"
6 stages of a criminal proceeding
1) arrest
2) charges filed by indictment or information
3) arraignment and plea
4) disclosure
5) trial
6) post trial
2) charges filed by indictment or information
3) arraignment and plea
4) disclosure
5) trial
6) post trial
arrest
1st stage in criminal proceeding
deprivation of freedom of movement by a police officer
deprivation of freedom of movement by a police officer
an arrest is legal if what?
1) a warrant exists
2) officers have probable cause (which is tested in every criminal case) to believe the suspect committed a crime
2) officers have probable cause (which is tested in every criminal case) to believe the suspect committed a crime
charges filed by indictment or information
2nd stage in a criminal proceeding
1. indictment
2. information
3. prosecutorial discretion
1. indictment
2. information
3. prosecutorial discretion
indictment
a criminal charged filed by a grand jury
information
a criminal charge filed by a prosecutor
-felony information requires confirmation by a judge after a preliminary hearing
-a prosecutor acting alone cannot file a felony charge
-felony information requires confirmation by a judge after a preliminary hearing
-a prosecutor acting alone cannot file a felony charge
prosecutorial discretion
the prosecutor decides when to press charges, not the victim
arraignment and plea
3rd stage of criminal proceeding
arraignment: formal reading of charges
plea bargaining: agreement by defendant to plead guilty in exchange for a lesser charge or a fixed punishment
arraignment: formal reading of charges
plea bargaining: agreement by defendant to plead guilty in exchange for a lesser charge or a fixed punishment
disclosure
4th stage of criminal proceeding
the process of gathering information prior to trial in a criminal case
--similar to 'discoveries' in a civil case
the process of gathering information prior to trial in a criminal case
--similar to 'discoveries' in a civil case
trial
5th stage of a criminal proceeding
many of the constitutional rights of the defendant are focused here (double jeopardy, right to counsel, right to confront witness)
-defendant must be proven guilty beyond reasonable doubt, must be unanimous
many of the constitutional rights of the defendant are focused here (double jeopardy, right to counsel, right to confront witness)
-defendant must be proven guilty beyond reasonable doubt, must be unanimous
post trial
6th stage of criminal proceeding
appeal: right to counsel
habeas corpus: right to challenge basis for incarceration
--ex: black defendant, all white jury
appeal: right to counsel
habeas corpus: right to challenge basis for incarceration
--ex: black defendant, all white jury
2 elements of substantive criminal law
actus reus
mens rea
mens rea
actus reus
unlawful act
larceny ex: taking of property of another
larceny ex: taking of property of another
mens rea
the required criminal intent
larceny ex: the intent to permanently deprive the owner of it
larceny ex: the intent to permanently deprive the owner of it
4 classifications of substantive criminal law
1. capital offenses
2. felonies
3. misdemeanors
4. infractions
2. felonies
3. misdemeanors
4. infractions
capital offenses-punishment
punishment by death or patrol up to 50 years, if not probation
felonies-punishment
punishable by up to life in prison (various classes of felonies)
misdemeanors-punishment
punishable by up to one year in the county jail
infractions-punishment
punishable by fines only
8 crimes related to business
1. forgery
2. robbery
3. burglary
4. larceny
5. embezzlment
6. arson
7. money laundering
8. bribery
2. robbery
3. burglary
4. larceny
5. embezzlment
6. arson
7. money laundering
8. bribery
forgery
the fraudulent making or altering a document to change its legal effect
ex: changing amt on check
ex: changing amt on check
robbery
stealing someone's person by force or thereat of force
-every robbery is also larceny
-every robbery is also larceny
burglary
breaking and entering a building with the intent to commit a crime inside
-crimes inside include breaking/damaging property
ex: breaking into the capital building and stealing a stapler
-crimes inside include breaking/damaging property
ex: breaking into the capital building and stealing a stapler
embezzlement
stealing property entrusted to your possession for proposal purposes
-intent to return the property is NOT a defense
-intent to return the property is NOT a defense
arson
burning a building of another or burning a building to defraud insurance
ex: the story he told us of the guy that had 3 trailers burn down
ex: the story he told us of the guy that had 3 trailers burn down
money laundering
using a legitimate business to disguise the source of illegal profits
ex: selling drugs & Al Capone who did tax invasions
ex: selling drugs & Al Capone who did tax invasions
bribery
offering money or property to obtain an illegitimate political or commercial advantage
ex: bribe an employee of coke, for the coke recipe to use in Pepsi co
ex: bribe an employee of coke, for the coke recipe to use in Pepsi co
7 defenses to crimes
1. mistake
2. consent
3. entrapment
4. duress
5. intoxication
6. minority
7. justifiable use of force
2. consent
3. entrapment
4. duress
5. intoxication
6. minority
7. justifiable use of force
mistake
1. mistake of law is NOT a defense
ex: not knowing the speed limit
2. a mistake of fact is a defense only if it negates a required criminal intent
ex: white jeep story, taking someone else's car because you thought it was yours
ex: not knowing the speed limit
2. a mistake of fact is a defense only if it negates a required criminal intent
ex: white jeep story, taking someone else's car because you thought it was yours
consent
1. a defense any offenses which logically require a lack of consent or criminality
ex: rape and stealing
2. consent is NOT a defense to murder or to offenses involving serious bodily injury
ex: rape and stealing
2. consent is NOT a defense to murder or to offenses involving serious bodily injury
entrapment
the defendant's criminal activity is induced by actions of police rather than the defendant's predisposition to commit a crime
ex: narcotics stolen from hospital--police tries to coax nurse into stealing narcotics
ex: narcotics stolen from hospital--police tries to coax nurse into stealing narcotics
duress
a wrongful threat of immediate danger coerces the crime/danger the danger of the threat is greater than the danger of the crime
ex: "I will beat you up if you don't steal that candy bar"
ex: "I will beat you up if you don't steal that candy bar"
intoxication
1. generally not a defense to a crime
2. can be a defense if it negates a required specific mental state
2. can be a defense if it negates a required specific mental state
minority
1. under age 14 there is a presumption of an inability to form criminal intent
2. concept being reconsidered, especially for violent crimes
2. concept being reconsidered, especially for violent crimes
justifiable use of force
similar to 4 defenses to assault and battery, see ch. 4
About this deck
By: Kristine Aslhey
Created: 2012-02-03
Size: 192 flashcards
Views: 109
Created: 2012-02-03
Size: 192 flashcards
Views: 109
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