BA 200 Legal Environment of Business Exam 2 Forsyth USM

trusting someone with your money and they steal it

Embezzlement

intend to commit the crime, has intent

ex: bumping into someone on accident vs. punching someone on purpose

Mens Rea

RICO

Racketeering

Influenced

Corrupt

Organizations

a. Used to fight the mafia/organized crime

b. Requires predicate offenses to get convicted

c. This is under federal law

RICO

Predicate Offense(s)

a crime which is a component of a larger crime

What does it mean when you say you are taking the 5th or pleading the 5th?

a. Give you the right against self-incrimination

b. The state has to prove you are guilty.

Initial Appearance

a. This is where they set the bond- things considered are type of crime, risk to the community, and flight risk of the person charged.

a. Armed law enforcement with new tools to detect and prevent terrorism.

b. Must verify source of funds any deposit over $10,000.

USA Patriot Act

Tort

a. A private wrong that does not go to legal penalties

b. Have to pay damages for this

Tort of Contract Interference

a. Must show that there was knowledge of an existing contract and still interfered

a. Printed defamation

b. Newspaper has privilege, they must show malice for it to be bad

Libel

a. Oral defamation

Slander

Invasion of Privacy

a. is an intentional tort

b. crossed the boundaries of decency

c. ex: Taking pictures of Julia Roberts in the street with her 2 kids is not, but taking pictures of Julia Roberts in the hospital giving birth is.

Torts of Negligence

duty, breach of duty, causation, proximate cause (foreseeability), and damages

Duty

a. All persons are expected to behave as ordinary and reasonably prudent

persons do

b. Standard of the law is not always used

c. Example: The speed limit of 45 is not appropriate in ice and snow

Breach of Duty

a. Failure to comply with established standard of conduct b. Often connected with element one as courts struggle to determine whether a duty even exists

c. Example: Case 9.4 Bertsch v Mammoth Community Water District (2016)

Causation

a. Breach of duty caused the plaintiff's injuries

b. "But for" causation test

c. Restricted by the zone of danger rule = Duty

Proximate Cause (Foreseeability)

a. Some courts hold the cutoff line must be drawn between the "but for"

causation and events contributing to the plaintiff's injuries

b. Case 9.5 Palsgraf v Long Island Ry. Co. (1928)

c. There is a legal limit to what is foreseeable

Damages

a. Medical bills

b. Lost wages

c. Pain and suffering

d. Loss of consortium (as between spouses)

Comparative Negligence

a. Compare acts of the plaintiff and defendant and assess blame for accident

b. Reduces the plaintiff's recovery by amount of fault

Contributory Negligence

a. Plaintiff is also negligent

b. Operates as a complete bar to recovery

a. you do not have to sign a waiver to assume risk

b. if you go rock climbing in the woods and fall the risk is assumed

Assumption of Risk

Clean Air Act

a Must use the most effective technology for the environment no matter the cost

Environmental impact statement (EIS)

a. A document outlining the scope and purpose of a development project, describing the environmental context, suggesting alternative approaches to the project, and analyzing the environmental impact of each alternative.

whenever the federal government funds or undertakes a major project or action that will impact the quality of the environment

When is an environmental impact statement (EIS) used?

How many miles off shore does the Oil Pollution Act extend?

200 Miles

Who is responsible for damage under CERCLA (Superfund)?

a. Owners and operators at the time of contamination

b. Current owners and operators—whether they were responsible for the

contamination or not

c. Transporters of the hazardous material

d. Those who arranged for the transport of the hazardous materials

CERCLA (Superfund)

a. eliminates owner/operator liability for lenders who hold ownership in a CERCLA facility

b. a banks cannot run/operate a business, but they can upgrade and maintain it.

Nuisance

Interference with the use and enjoyment of your property

What does moving to the nuisance mean?

a legal doctrine which prevents a party from claiming nuisance if said nuisance was present, and the party knew of that nuisance before they acquired the property subject to the nuisance

Result of the failure to give the Miranda warning

a. the prosecutor can't use for most purposes anything the suspect says as evidence against the suspect at trial.

Plain View Exception

a. the legal principle that otherwise excludable evidence can be admitted in trial if discovered in plain sight in the process of arresting a suspect for another infraction

b. (CIA can't use super high tech cameras because they are not available to public)

Punitive Damages

Amounts awarded because the plaintiff has done something so bad that they have to pay a larger fine to punish someone.

Actual Damages

damages awarded to a plaintiff in a lawsuit based on proof of actual harm to the plaintiff

What is looked at when setting bonds?

a. the risk of the defendant fleeing

b. the type of crime alleged

c. the "dangerousness" of defendants

d. the safety of the community

Premises Liability

liability that the owner (or occupier) of land bears for an injury that someone suffers because of an unsafe condition on their property

Proximate Cause

The actions of the person (or entity) who owes you a duty must be sufficiently related to your injuries such that the law considers the person to have caused your injuries in a legal sense

Intentional tort of appropriation

Using name and likeness without permission

Rivers and Harbors Act of 1899

a. first environmental law

b. required permit to move substances over the water ways

Which case resulted in the largest environmental fine of all time?

Deepwater Horizon

Innocent Land Owner

one who did not contaminate the property

Due Diligence

Must be done on a property before purchase

Palsgraf v. Long Island Railroad

a. Foreseeability and proximate cause

b. Not responsible for death of woman on the railroad station because it was not foreseeable that she was hurt

Why could Britney Spears not be defamed?

a. her music, clothes, dancing etc= defamation case

b. "walks like a duck, sounds like a duck, looks like a duck, sings like a duck, its probably a duck"

c. The truth is an absolute defense