Business Law Chapter 6
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Define Civil Law
Spells out the duties that exist between persons or between persons and their governments, excluding the duty not to commit crimes.
Define Criminal Law
- Has to do with crimes.
- Wrongs against society proclaimed in statutes and, if committed, punishable by society through fines and/or imprisonment - and, in some cases, death.
- Crimes are against society as a whole, they are prosecuted by a public official, not by the victims.
Can a criminal act give rise to criminal liability and tort liability
Define Guilty Act
For a crime to exist, the guilty act must cause some harm to a person or to property.
For a crime to exist, an intent to commit a crime or a wrongful mental state.
What are the five different categories of crime?
- Violent crime
- Property crime
- Public order crime
- White-collar crime
- Organized crime
Define violent crime
those that cause others to suffer harm or death, including murder, assault and battery, sexual assault (rape), and robbery.
Define Property crimes
- The offender's goal is to obtain some economic gain or to damage property.
- Burglary, larceny, obtaining goods by false pretenses, receiving stolen property, arson, and forgery.
Public order crimes
Acts such as public drunkenness, prostitution, gambling, and illegal drug use, that a statute has established are contrary to public values and morals.
Define white-collar crimes
Illegal acts committed by a person or busines using nonviolent means to obtain a personal or business advantage.
Define Organized crime
- A form of crime conducted by groups operating illegitimately to satisfy the public's demand for illegal goods and services.
- Money luandering and racketeering (RICO) violations.
What are the different degrees of crime
- Felonies: serious crimes punishable by death or by imprisonment for more than one year
- Misdemeanors: less serious crimes punishable by fines or by confinement for up to one year
What are some defenses to criminal liability
- Justifiable use of force, necessity, insanity, mistake, duress, entrapment, and the statute of limitation.
- Defendants may be relieved of criminal liability, at least in part, if they are given immunity.
What are constitutional safeguards
- Fourth Amendment: protection against unreasonable searches and seizures and requires that probable cause exist before a warrant for a search or an arrest can be issued.
- Fifth Amendment: Requires due process of law, prohibits double jeopardy, and protects against self-incrimination
- Sixth Amendment: Guarantees a speedy trial, a trail by jury, a public trial, the right to confront witnesses, and the right to consel
- Eighth Amendment: Prohibits excessive bail and fines, and cruel and unusual punishment
Define Exclusionary rule
A criminal procedural rule that prohibits the introduction of trial of all evidence obtained in violation of constitutional rights, as well as any evidence derived from the illegally obtained evidence
Define Miranda rule
A rule set forth by the Supreme Court in Miranda v. Arizona holding that individuals who are arrested must be informed of certain constitutional rights, including their right to counsel.
What is the criminal process
- Arrest, indictment, and trail
- The procedures are designed to safeguard the rights of the individual against the state.
What are the sentencing guidelines
The federal government has established sentencing laws or guidelines, which are no longer mandatory but provide a range of penalties for each federal crime.
What are some types of cyber crimes
- Cyber fraud: Occurs when misrepresentations are knowingly made over the Internet to deceive another.
- Cyber theft: Thieves can steal data from anywhere in the world. Identify theft.
- Hacking: A person who uses one computer to break into another.
- Cyberterrorism: aim to cause serious problems for computer systems.
How to prosecute cyber crime
Identifying the wrongdoer through electronic footprints left on the Internet is complicated, and jurisdictional issues may arise when the suspect lives in another jurisdiction or nation.
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