1. Our Criminal & Personal Injury Laws
Mr. Valanzano
Business Law

2. Criminal Laws Crime – a punishable offense against society
Elements of a Crime:
A duty to do or not to do a certain thing
Criminal Act - An act or omission in violation of that duty
Criminal Intent – Intent to commit the act and do evil

3. Criminal Conduct
Crimes against a person: assault and battery, kidnapping, rape, murder
Crimes against property: theft, robbery, embezzlement
Crimes against the government: treason, tax evasion, perjury
Crimes against public peace: rioting, disorderly conduct, speeding
Crimes against realty: burglary, arson, trespassing
Crimes against consumers: fraudulent sale of securities, violation of pure food and drug laws
Crimes against decency: bigamy, obscenity, prostitution

4. Classification of Crimes
Felony – a crime punishable by more than 1 year in prison and/or a fine of more than $1,000
In some cases, a felony can also be punishable by death.
Misdemeanor – a crime punishable by less than 1 year in prison and/or a fine
Infraction – a less serious misdemeanor only punishable by fines

5. Types of Crimes
Embezzlement – the taking another person’s money or property by a person whom it was entrusted to
Perjury – lying under oath
Larceny (theft) – the wrongful taking of money or personal property with intent to deprive the owner of possession
Robbery – taking of money or property from a person against their will by force or causing fear
Burglary – entering a building without permission with intention to commit a crime
Shoplifting, pick-pocketing, purse snatching

6. Types of Crimes (continued)
Receiving Stolen Property – knowingly receiving or buying property known to be stolen with intent to deprive the rightful owner of the property
False Pretenses – obtaining money or property by lying about a fact
Forgery – falsely making or altering a writing to defraud another
Bribery – unlawfully offering or giving anything of value to influence performance of an official

7. Types of Crimes (continued)
Extortion (blackmail) – obtaining money or other property from a person by wrongful use of force, fear, or power
Conspiracy – an agreement between 2 or more people to commit a crime
Arson – the willful and illegal burning of a building

8. Criminal Procedure Your rights when arrested:
Fair procedure during an investigation and in court
Defendants may not be compelled to testify against themselves
Cross-examination of witnesses
Right to be represented by a lawyer
Must be proven guilty beyond a reasonable doubt

9. Responsibility for the Criminal Conduct of Others
A person who aids another person in the commission of a crime is also guilty of criminal wrongdoing.
One who plans the crime or intentionally helps in the act is guilty of the same crime.
Example: If someone is killed during the commission of a felony, all accomplices are guilty of the homicide.

10. Defenses to Criminal Charges
Defense – establishing a way for the defendant to escape liability
Procedural Defenses – defenses based on problems with the way evidence is obtained or the way the accused is arrested, questioned, tried, or punished
Substantive Defenses – ways to disprove, justify, or excuse the alleged crime by discrediting facts established by the prosecution

11. Types of Substantive Defenses
Self-defense – use of force necessary to prevent death, serious bodily harm, rape, or kidnapping
Criminal Insanity – exists when the defense can prove the accused does not know the difference between right and wrong
Immunity – freedom from prosecution even when that person has committed a crime
A witness who refuses to testify after being granted immunity is in contempt of court

12. Punishments for Crimes
Punishment - any penalty provided by law and imposed by a court
Plea Bargain – agreeing to plead guilty to a less serious crime in exchange for having a more serious crime dropped
Gives up right to trial to avoid risk or harsher punishment if convicted

13. Personal Injury (Civil) Laws
Torts – a private or civil wrong against an individual
If a tort is committed, the victim can sue and obtain a judgment for money damages.
Elements of a tort:
Duty
Breach
Injury
Causation (Proof)

14. Elements of a Tort
Duty – a legal obligation to do or not to do something
We have duties to not injure another person’s body, reputation, or privacy; not to interfere with other’s property rights; not to interfere with other’s economic rights
Breach – a violation of the duty
Injury – a harm that is recognized by law
Causation (proof) – Proof that the breach caused the injury
Proximate Cause – when it is reasonably foreseeable that breach of duty will result in an injury

15. Types of Intentional Torts
Intentional Torts – torts for which the defendant intended either the injury or the act
Assault – when one person intentionally threatens to physically or offensively injure another
Battery – an intentional breach of the duty to refrain from harmful or offensive touching
False Imprisonment – depriving a person’s freedom of movement without the person’s consent and without privilege

16. Intentional Torts (continued)
Defamation – injuring someone’s reputation by issuing false statements
Written = Libel; Spoken = Slander
Statement must be false, communicated to a third person, or brings the victim contempt or ridicule by others
Invasion of Privacy – the unwelcome and unlawful intrusion into one’s private life to cause outrage, mental suffering, or humiliation

17. Intentional Torts (continued)
Trespassing – entry onto property without the owner’s consent
Conversion – if the right to control and use a possession is violated
Right is violated if the possession is stolen, destroyed, or used in a manner inconsistent with the owner’s rights
Interference with Contractual Relations – when a third party entices or encourages the breach of a contract
Fraud – intentional misrepresentation of an existing important fact

18. Negligence
Negligence – the most common tort; intent is not required, only carelessness
The Reasonable-Person Standard – a duty that requires us to act with the care, prudence, and good judgment to not cause injury to others
Defenses to negligence:
Contributory (Comparative) Negligence – when a plaintiff’s own negligence was a partial cause for the injury
Assumption of Risk – when a plaintiff is aware of a danger but decides to subject themselves to the risk

19. Strict Liability
Strict Liability – even though the defendant was not negligent, they are liable if engaged in an activity that resulted in injury
Proof of both the activity and injury substitute for proof of a violation of a duty
Examples: target practice, ownership of dangerous animals, sale of goods that are unreasonably dangerous

20. Civil Procedure
Injunction – a court order issued for a person to do or not to do a particular act in order to prevent a tort
Damages – a monetary award to the injured party to compensate for loss
Goal is to place in injured party back in the same position as if the tort never happened
Usually used to reimburse the plaintiff for lost wages, medical bills, pain, and suffering
Lawyers often get a percentage of the damages (25% - before, 33% - trial, 40% - appeal)

21. Elements of Civil Procedure
Evidence – anything the judge allows to be presented to the jury to prove or disprove facts
Testimony – statements by witnesses under oath
Witness – someone with personal knowledge of the facts of a case
Subpoena – written order buy the judge commanding a witness to appear in court to testify
Contempt of Court – action that hinders the administration of justice
Verdict – the jury’s decision; Judgment – final result of a civil trial
Writ of Execution – used if the defendant does not pay damages; the process by which a judgment for money is enforced; the court directs the defendant’s property seized or sold to pay the judgment