1. 3.1 Chapter 3 Crimes and Torts © 2003 by West Legal Studies in Business/A Division of Thomson Learning

2. 3.2 Criminal Law vs. Civil Law  Criminal law  Punishes wrongdoers and isolates them from society  Seeks to prove guilt beyond a doubt  Civil law  Imposes duties on people who draw up and agree to contracts  Seeks to prove defendant’s liability by show of evidence

3. 3.3 Criminal Law vs. Tort Law Criminal law  Primarily based on statutory law passed by legislatures  Punishes wrongdoers Tort Law  Emerges from common law precedence  Compensates victims Contract law  Products or services must meet certain standards as set forth in a valid contract

4. 3.4 Classifying Criminal Law  Focus on severity or seriousness  Feloniesmisdemeanors  Felonies vs. misdemeanors  Focus other factors such as nature of damage caused  Organized crime

5. 3.5 Criminal Procedure Investigation Pretrial procedures Trial Appeals Sentencing Secondary liability

6. 3.6 Investigation  Questioning of  Suspects  Accomplices  Witnesses  Gathering of physical evidence

7. 3.7 Protections for the Accused  Fourth Amendment  Unreasonable search and seizure  Privileged communications  Fifth Amendment  Self-incrimination  Fourteenth Amendment  Extends protections to the states

8. 3.8 Protections for the Accused  Exclusionary rule  Evidence obtained in violation of accused’s rights is inadmissible  Fruit of the poisonous tree  Leads or additional evidence obtained is also inadmissible  USA Patriot Act  Broadens police powers and weakens Constitutional protections

9. 3.9 Pretrial Procedures  Initiated by an arrest  Filing of charges  Preliminary hearing or grand jury  Arraignment  Pleas  Plea bargaining

10. 3.10 Trial  Jury is impaneled  Voir dire  Preemptory and challenge for cause  Opening remarks  Prosecution  Defense  Closing remarks

11. 3.11 Trial  Judge’s instructions  Jury deliberation  Verdict

12. 3.12 Sentencing  Somewhat of a second trial  Sentencing guidelines  “Three strikes”  Minimum sentences  Culpability multiplier

13. 3.13 Appeals  Based on law and procedure  Not based on facts determined by jury  May be automatic (especially in capital cases)  Appeal court can order new trial or dismiss charges

14. 3.14 Secondary Liability  Accessories  Conspiracy  Attempts

15. 3.15 Business Crimes Embezzlement Compose a scenario to demonstrate your understanding of each of the following crimes Stalking and cyberstalking Mail and wire fraud Mail and wire fraud Computer crime Let’s Discuss Let’s Discuss Let’s Discuss Let’s Discuss (Continued on the next slide)

16. 3.16 Business Crimes Cyberterrorism Compose a scenario to demonstrate your understanding of each of the following crimes Terrorism Money laundering Let’s Discuss Let’s Discuss Let’s Discuss Let’s Discuss Gambling Identity theft Bribery

17. 3.17 Defenses to Crimes  Infancy  Intoxication  Insanity  Mistake of fact

18. 3.18 Defenses to Crimes  Duress  Self-defense  Necessity  Entrapment

19. 3.19 Intentional Torts Against Persons  Assault  Battery  False imprisonment  Intentional infliction of emotional distress  Invasion of privacy

20. 3.20 Intentional Torts Against Property  Conversion of personal property  Trespass to chattels  Trespass to land

21. 3.21 Intentional Torts Interfering with Economic Relations  Disparagement  Disparagement (sometimes called “trade libel”)  One company cannot make false vicious statements about another company  Interference with contract rights or prospective business relations  One party cannot tamper with the contract of another person or business

22. 3.22 General Requirements to Negligence  Duty of care  Breach of duty  Proximate cause  Injury  Negligence per se  Res ipsa loquitur

23. 3.23 Defenses to Negligence  Contributory negligence  Comparative negligence  Assumption of risk  International jurisdiction

24. 3.24 Liability  Strict liability  Liability is attached, regardless of who is at fault  Proof of negligence is not required  Joint and several liability  Complete satisfaction of a plaintiff’s damage award is required  Provides an incentive for plaintiffs to name wealthier defendants in a lawsuit

25. 3.25 Questions & Discussion