Business Law Final Exam

What do federal crimes require?

Mens Rea

Some require only guilty acts.

Mens Rea

A guilty mindset

Knowingly, Willfully, Wantonly, Intentionally, Recklessly and Negligently.

Strict Liability Crimes

Requires no guilty mind, just guilty acts

Is there any defense for strict liability crimes?

There is NO DEFEN

What are examples of Strict Liability Crimes?

Statutory Rape

Bigamy

What is duty to act?

The way members of a society expect an individual to act in a given situation.

Statutory Duty to Act

State law requires parents to be responsible of their child

Contract Duty to Act

Lifeguard, Security Guard

Must act if someone is in danger

Relationship Duty to Act

Parent/Child, Husband/Wife

Must act if spouse or child is in danger

Voluntary Assuming

“Don’t worry I’ll save you”

Must act if you tell them you will

Your Conduct creates a Peril

You push someone in a pool

Leave your key in your car

Property Offenses

Someone taking something from another

Robbery (Property Offense)

Stealing from someone and placing them in fear.

A person can rob 7 places and it only counts as one charge.

Burglary (Property Offense)

Breaking and entering a property and stealing while there

Embezzlement (Property Offense)

Higher officials stealing from the company.

Larceny (Property Offense)

Everyday stealing

False Pretenses (Property Offense)

Lying to someone to get their property

Arson (Property Offense)

Setting something on fire

Extortion (Property Offense)

Threatening to harm someone that if they did not give you something/money then you will kill their family.

Robbery is

Taking by intimidation or threat

From a person

Both must be in each other’s presence

Larceny with Force

Threat must be imminent harm

Common Law Burglary

Early days before violent and many crimes occurred

What did Common Law Burglary consist of?

Breaking and Entering

The Dwelling House

Of another

at nighttime

with Intent (at the time of breaking in)

to commit a felony

No burglary if

After you break in then you decide to steal something inside

Constructive Breaking

Servant uses owner’s keys (that were given to them) at night without p

Breaking=

Once your body crosses the door

Intent to create a felony=

Must exist at the time the break in occurs

All state and federal burglary statutes include

Any place and anytime- does not matter if day or night.

Embezzlement by Employees

Has lawful possession of the thing but they illegally convert it as their own.

Making it your own

Is Embezzlement always physical?

No it can be online as well

EX) A company accountant stealing money from a company bank account online

Who usually embezzles from a company?

Usually higher up employees who are entrusted with possession of the thing

CEO/CFO

What is an extended example of larceny?

The trespassing and carrying away of personal property of another with intent to deprive thereof

Intent to Deprive

Substantial certainty to permanently deprive at the time of the taking.

Larceny by Trick

Defendant pulls up to a gas station, fills up his car, and did not pay.

Giving bad check knowing that your account does not have the money

False Pretenses is

A false misrepresentation of a material fact which causes the victim to pass title to his property to a wrongdoer who knows the misrepresentation is false and intends to defraud thereof.

What are examples of false pretenses?

Defendant persuades the owner of property to convey title

Defendant pulls up to a gas station, fills up car, hands over his phony credit card.

Defendant goes to a grocery store, selects his groceries and passes a worthless check.

Possession of Stolen Property

Purchase of is in possession of property they know or should know is stolen.

When does something lose its status as Stolen Property?

Once the police recover it

When the owner recovers it

Arson (Common Law)

Early day laws were not seriously broken.

The malicious burning of the dwelling house of another.

It is not arson if

Burning a TV, Bard, Office Building, Your own House, use of explosives or water damage.

All state and federal Arson statues include

The burning of your own property and burning of anything to obtain money.

Extortion is

The obtaining of property from another induced or persuaded by wrongful use of actual or threatened (force, violence, or fear).

Just the treat, you don’t have to take anything from that person

What is an example of Extortion?

If you do not pay $5000, I will show your naked pictu

Kidnapping is

The unlawful taking of a person from where they are to another location as a hostage.

Epileptic people are criminally liable if

They are conscious when you act

Epileptic should be somewhat responsible

For his action if he knows of an imminent (it is about to happen) seizure and continues to drive and causes an accident.

Lesser included offenses of Crimes

Makes up the crime, therefore it merges into the crime and becomes only one offence.

Conspiracy

Never merges with any crime—Always a separate charge/crime

Homicide

The unlawful killing of a human being— Cannot be a dog or animal.

Specific Intent Crimes

Intent must be shown by the person’s action for them to be guilty

If intent is absent then

The person did not do the crime

What are some Specific Intent Crimes?

Conspiracy, assault, attempt, accomplice, intent to kill, solicitation, burglary.

What are the Defenses to Specific Intent Crimes?

Intoxication

Mistake

Duress

Necessity

Force

Self Defense

Intoxication (Specific Intent Crime)

A defense if it negates the mental elements of the crime

If Intox is voluntary it is not a defense.

Mistake (Specific Intent Crime)

Responsible or irresponsible can be a defense

What is Solicitation?

One who ask someone to commit a crime.

When does solicitation become conspiracy?

Once you agree to act in a crime.

Conspiracy must have

Specific intent to commit the unlawful act and agreement to carry out the exact criminal objectives between 2+ guilty minds.

2+ people coming in agreement for unlawful or illegal purposes.

Conspiracy is

A charge by itself.

What is an example of Conspiracy?

Two people conspire to commit Burglary

This ends in 2 charges: Conspiracy and Burglary

An Accomplice is

One is aids, abet, or counsels another in the commission is a crime is liable for the crime itself and all other foreseeable crimes.

Overt Act

Any little act to help the crime take place will do

What are examples of Overt Acts?

Making a phone call

Looking out the window for robbers

Informing the robbers of the times that Brinks comes to pick the money up

Defenses to Conspiracy are

Intoxication, mistake, and duress

To be charged with Attempt you must mave

A specific intent to commit an unlawful act and a substantial step in the furtherance of the unlawful act.

Defenses to Attempt

Legal Impossibility

Deadly Force

Used when the person who is being attacked fears death or serious bodily injury.

Intent to Kill=

Murder

Murder is

The crime of unlawful killing a person especially with malice aforethought.

Intent to Commit Serious Bodily Harm

Intent to commit serious bodily harm to someone and they die

Attacking someone with a hammer or a bat to the head and they die.

Premeditation

Planning the murder

Deprave Heart Murder

Having a cold heart

Terrorist

School Shooters

9/11 Attackers

Felony Murder

During a commission of a felony someone or your co-criminal dies.

Heat of Passion Killing

Sudden Provocation

What is an example of a Heat of Passion crime?

Husband catches wife in bed with man, he pulls out a gun and kills them both.

You open your home goes inside and a stranger jumps you and while protecting yourself you kill him.

Involuntary Manslaughter

Results from the failure to perform a legal duty expressly required to safeguard human life, from the commission of an unlawful act in a negligent or improper manner.

Voluntary Manslaughter

Killing by negligent conduct.

Only if you can find passion

Misdemeanor Manslaughter

If one committed a civil assault or battery and someone dies as a result of the assault and battery.

What is an example of Misdemeanor Manslaughter?

Tommy pulls Jimmy’s chair before he sits down, Jimmy falls on the floor, hits his head, and dies.

Criminals are guilty and responsible for any death

During the commission of the felony.