intro to law outlines

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intro to law outlines
2013-10-29 14:44:43

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  1. administrative agency
    • administrating and implementing legislation, members are appointed
    • adopt regulations to fill in gap left by Congress, interpret or clarify the law
  2. administrative law
    law governing those agencies
  3. public access to activity of agencies
    • open records
    • open meetings (sunshine act of 1976)
    • public announcement of agency guidelines
  4. Regulatory Flexibility act
    • all proposed rules by published in the trade
    • journals of those trades that will be affected
  5. Federal
    Register Act
    • propose
    • regulations that must be published and accessible to public
  6. Aerial inspection
    things in plain view
  7. search warrant not required when subject matter
    can be seen from a public place
  8. what are the punishments of the agency?
    • penalties
    • cease and desist order: stop a practice that it decides is improper
  9. Administrative Hearing
  10. no right or trial by jury before an agency.
    • Agency may b authorized to make an initial determination without holding a
    • hearing (versus hearing before making a decision in the judicial court). When
    • administrative action involves only individuals rather than classes of persons,
    • agency must have some sort of hearing before its decision.
  11. crimes related to production, competition, and marketing
    • improper use of interstate commerce
    • securities crime: to protect investing public
  12. misdemeanors and felonies
    misdemeanors are less than one year in prison; more serious crimes are called felonies
  13. criminal liability
    • mental state
    • act or omission: writing a check which you know has no funds in it
  14. White Collar Crime Penalty Enhancement Act of
    increases penalties substantially
  15. person acquitted is not entitled to compensation
  16. acquittal means
    gov’t was not able to prove guilt beyond a reasonable guilt.
  17. white collar crimes
    business crimes without physical threats or acts
  18. conspiracies
    agreement between two or more parties to commit an unlawful act or use unlawful means to achievean otherwise lawful result
  19. reforming penalties for crimes
    federal sentencing guidelines: permit judge to put company on probation based on whether company had prevention programs in place
  20. Money Laundering
    Control act
  21. Prohibits the
    • knowing and willful participation in any type of financial transaction
    • involving unlawful proceeds when the transaction is designed to conceal or
    • disguise the source of the funds
  22. extortion
    officer makes an illegal demand
  23. blackmail
    making demands that would be extortion if made by public official and includes matters that would damage the victim's personal or business reputation
  24. Foreign Corrupt
    Practices Act
    • Antibribery and
    • anticorruption statute covering these U.S companies’ international operations
  25. grease payments
    • legal payments to speed up or ensure performance
    • of normal gov’t duties
  26. Forgery
    • the crime of issuing or delivering a forged
    • instrument to another person
  27. perjury
    • knowingly giving false testimony in a judicial
    • proceeding after having been sworn or having affirmed to tell the truth
  28. Embezzlement
    • offense consisting of the unlawful conversion of
    • property entrusted to the wrongdoer
  29. Corporate Fraud
    • Sarbanes-Oxley
    • If corporate
    • officer fails to comply with all the requirements for financial statement certification
    • or certifies financial statements that contain false info, the officer and
    • company have committed corporate fraud
  30. The Common Law crimes
  31. use of force or threat of force or cause
    injury to persons or damage to property
  32. larceny
    • wrongful or fraudulent taking and carrying away
    • of the personal property of another by any person with a fraudulent intent to
    • deprive owner of such property
  33. robbery
    • taking of personal property from the presence of
    • the victim by use of force or fear (when the person does not knw the property
    • is being taken, the offence is larceny
  34. burglary
  35. breaking and entering during the night into the
    dwelling house of another with intent to commit a felony
  36. arson
    • willful and malicious burning of another’s
    • dwelling

    • arson is a felony, so if someone is killed in
    • the resulting fire, the offense is murder under the felony-murder rule
  37. riots and civl disorder
  38. assembling and engaging in civil disorders is
    • generally form of crime in itself under common law concepts of disturbing the
    • peace
  39. computer crime
    • refer to a crime that can be committed only by a
    • person having some knowledge of the operation of a computer 

    • need to adopt statutes, only that conduct covered by the statue can be
    • punished as the crime