2 pt 3 pt 4 pt 5pt 1 pt 2 pt 3 pt 4 pt 5 pt 1 pt 2pt 3 pt 4pt 5 pt 1pt 2pt 3 pt 4 pt 5 pt 1 pt 2 pt 3 pt 4pt 5 pt 1pt Chapter 4 Vocabulary Chapter 5 Vocabulary Criminal Law Civil LawGeneral

Punishable offense against society?

Crime

What is the difference between a misdemeanor and a felony?

A misdemeanor is a crime punishable by confinement in a county or city jail for less than one year, by fine, or both. A felony is a crime punishable by either a fine of more than $1,000 or by confinement for more than one year in a state prison or by death.

What is the difference between substantive law and procedural law?

Substantive defense is a legal position that disproves, justifies, or otherwise excuses an alleged crime. Procedural criminal defense is based on how the evidence was obtained or how the accused was arrested, questioned, or tried.

Tell me 2 procedural defense strategies and 2 substantive defense strategies.

Procedural defense: Problems with the way evidence is obtained How an accused person is arrested: no lawyer appointed Questioned: no Miranda rights Tried: coercion to confess Punished Substantive defense: Discredit the facts of the case Self-defense Criminal insanity Immunity

Define: Larceny Forgery Arson Bribery Extortion

Define: Larceny: wrongful taking of money or personal property belonging to someone else, with intent to deprive owner Forgery: falsely making or materially altering a writing to defraud another Arson: Willful and illegal burning of a building Bribery: Unlawfully offering or giving anything of value to influence performance of an official Extortion: Obtaining money or other property from a person by wrongful use of force, fear, or the power of office

Final result of a trial

Judgement

Jury’s decision on a case

Verdict

What is negligence?

General duty imposed is the reasonable-person standard –Requires that you act with care, prudence, and good judgment of a reasonable person so as not to cause injury to others –Jury is asked how the reasonable person would have acted in that situation

What is Contributory (Comparative) Negligence? How does this effect the outcome of damages awarded?

When each person involved in the act had partial fault for the accident. In these cases, the plaintiff's damages are reduced in some proportion to their negligence.

Define: Assault Battery False Imprisonment Defamation Invasion of privacy

Assault: One person intentionally puts another in reasonable fear of an offensive or harmful bodily contact Battery: Harmful or offensive touching of another False Imprisonment: The intentional confinement of a person against the person’s will and without lawful privilege Defamation: If false statements injures a person’s reputation or good name Invasion of privacy: Uninvited intrusion into an individual’s personal relationships and activities

What are the 3 elements of a crime?

Duty Violation of Duty Criminal Intent

List and define the first element of a crime. Give an example in relationship to a crime.

Duty – your duty to know the law and conform his or her conduct to the law’s requirement. Duty not to set another persons property on fire. Duty not to falsely advertise your products benefits.

List and define the 2 nd element of a crime. Give an example in relation to a crime.

Violation of Duty – breach of duty has happened – proven by evidence and witness. Setting someone's car on fire. Lying about the benefits of using a prescription drug.

List and define the 3 rd element of a crime. Give an example of the element in relation to the crime.

Criminal Intent – intended to do the act and intended to do evil. Posted about setting the fire on FB before you committed the act. Research proves that you knew there were potential side effects to drug.

What is the rule with criminal intent and a business setting? In regards to an employees acts? In regards to a CEO’s liability?

If an employee is acting with criminal intent that benefits a corporation, an organization can be charged with criminal intent Corporate presidents, treasurers, and other officers can be held criminally responsible if an employee commits a crime – VICARIOUS (substituted) criminal liability

List the four elements of a tort.

Duty Violation of Duty Injury Causation

List and define the 1 st element of a tort. Give an example in relation to civil law.

Duty – legal obligation to do or not do something –Duty to not injure another –Not to interfere with property rights of others (trespassing) –Not to interfere with the economic rights of others (entering a contract)

List and define the 2nd element of a tort. Give an example in relation to civil law.

Violation of Duty – breach of the duty must be proved before the injured party can collect damages –Some torts require that the breach be intentional –Others can just be based on carelessness, or negligence Trespassing on someone's landTrespassing on someone's land Lying to someone to interfere with their contractLying to someone to interfere with their contract

List and define the 3rd element of a tort. Give an example in relation to civil law.

Injury –breach of the duty caused some form of injury. Land was damaged from your trespassing.Land was damaged from your trespassing. Person lost millions of dollars from missed contract opportunity.Person lost millions of dollars from missed contract opportunity.

List and define the 4th element of a tort. Give an example in relation to civil law.

Causation – proof that the injury was directly caused by the breach of duty. Proof that person was on land and destructed propertyProof that person was on land and destructed property Proof that person interfered with contractual relationsProof that person interfered with contractual relations

What is strict liability?

Neither intent nor carelessness is required Engaging in abnormally dangerous activities (target practice, crop dusting, storing flammable liquids)Engaging in abnormally dangerous activities (target practice, crop dusting, storing flammable liquids) Ownership of dangerous animalsOwnership of dangerous animals Sale of goods that are unreasonably dangerousSale of goods that are unreasonably dangerous

Name 2 remedies available in a Civil lawsuit?

Injunctions – a court order for a person to do or not do a particular act Damages – the monetary award to the injured party to compensate for loss –Purpose is to put the injured party in the same position they were in had the injury not occurred (compensatory) –Punitive damages: punish wrongdoer

Name some remedies available in a Criminal lawsuit.

Discipline the wrongdoer Probation, jail, prison, fines, death

Business Crimes are also known as? Do they involve force and violence? Give 2 examples.

White collar crimes –Do not involve force or violence and do not cause physical injury to people or physical damage to property Ex: income taxes, stock fraud, fixing prices, false insurance claims, false advertising, bribery, and political corruption

Tell me 5 main things to include/reference in an opening statement.

Addressing the jury Facts Witnesses Evidence Stating what you’re going to prove Stating what you're going to disprove Closing address to jury

Final Jeopardy: List 6 steps in the pretrial/trial process in order.