ACCT 215

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Law Exam 2

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112 Terms

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actus reus

a criminal or guilty ACT

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mens rea

a criminal or guilty MIND

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model penal code

  1. purpose

  2. knowledge

  3. recklessness

  4. negligence

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actual authority

acting with the direct knowledge and permission of the corporation

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apparent authority

the employee was authorized by the company to act in a certain manner because of representations made by corporation of a 3rd party

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state vs. casey’s

  • cashier sells alcohol to minor

  • casey’s claims it was cashier’s wrongdoing

  • casey’s held criminally liable

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responsible corporate officer doctrine

officers may be criminally liable for criminal acts of employees

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us vs. park

  • john park was charged and convicted of violating the federal food, drug, and cosmetics act

  • allowed food stored in warehouses (contaminated by rodents) to be shipped in interstate commerce

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violent crimes

  • homicide

  • rape

  • assault

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property crimes

  • burglary

  • larceny

  • arson

  • forgery

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public-order crimes

  • intoxication

  • prostitution

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cybercrimes

  • hacking

  • phishing

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felony

serious crime that is punishable by death or imprisonment for MORE than one year

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misdemeanor

a lesser than a felony, punishable by a fine or incarceration in jail for UP to one year

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ponzi scheme

an investment fraud that involves the payment of purported returns to existing investors from funds contributed by new investors

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embezzlement

type of theft that occurs when a fiduciary is lawfully entrusted with personal property of another and then fraudulently takes/uses that property for their own gain

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fraud

knowing misrepresentation of the truth or concealment of a material fact to induce another to act to their detriment

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mail fraud

using postal services

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wire fraud

using phone or other electronic means of communication

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bankruptcy fraud

concealing assets from bankruptcy proceedings

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perjury

telling an untruth while under oath to tell the truth

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insider trading

the purchase or sales of securities on the basis of inside information

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money laundering

transferring illegally obtained money through legitimate people or accounts so that its original source cannot be traced

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theft

  1. taking the property of another

  2. interfering with the use of it

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larceny

stealing tangible property with the intent to deprive the owner of the property

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robbery

taking of property by force, intimidation, or threat of violence with the intent to deprive the owner of the property.

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burglary

breaking and entering into the dwelling house of another at nighttime with the intent to commit a felony

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arson

malicious burning of the dwelling of another person

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forgery

making or altering a writing with the intent to defraud

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obtaining goods by false pretenses

intentionally misrepresenting a material fact to a person in order ro persuade another to transfer property

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extortion

wrongdoing using a public office to obtain assets from a victim

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blackmail

wrongdoing obtaining assets by threat

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criminal trespass

defendant knowingly interferes another’s property

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criminal mischief

intentionally causing damage to another’s property

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hacking

unauthorized access of another’s computer with intent to change the settings or access information

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phishing

accessing another’s computer or personal information through electronic deception with the intent to use that information to commit a fraud

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credit card fraud

using credit card information to obtain an unauthorized benefit

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identity theft

to knowingly transfer or use another person’s identity without authorization with the intent to commit a crime

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justification

society generally condones or approves of the act under the circumstance

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excuse

society does not condone but determines punishment is less appropriate because of mitigating circumstances

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self defense

a person may be justified in using force against another person. while a person can use force to protect themselves from a real attack, the force must be reasonable and not excessive under circumstances

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castle doctrine

can use lethal force without retreating if attacked in your own home

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stand your ground laws

can use lethal force without retreat if acting in self-defense

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involuntary intoxication

intoxication on the part of the defendant was not intentional

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voluntary intoxication

intoxication was brought about by the defendant’s intentional acts

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5th amendment

protection from double jeopardy (can’t be tried for the same crime twice if found not guilty the second time)

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6th amendment

right to a speedy/public trial

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search warrant

an order granted by a public authority that authorizes law enforcement personnel to search particular premises or property

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probably cause

reasonable grounds to believe that evidence of a crime is currently located in the place or on the person to be searched

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4th amendment

protection against unreasonable search and seizure

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exclusionary rule

any evidence that is obtained in violation of the accused’s constitutional rights is automatically excluded at trial

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arrest

need a warrant unless there is no time to get one

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initial appearance

defendant appears before judge

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arraignment

court proceeding in which defendant hears charges in court and enters a plea

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plea bargaining

the defendant and prosecution enter into a deal and the defendant gets a more lenient sentence

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intentional tort

a wrongful act that was knowingly committed

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unintentional tort

a wrongful act that was not knowingly committed

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tortfeasor

one who commits a tort

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tort of negligence

when the plaintiff is injured because of defendant’s breach of a duty of care

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reasonable care

duty to act with reasonable care towards others based upon a reasonable person standard

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causation in fact

act or omission caused the damage

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proximate cause

strong enough connection to justify holding the defendant responsible

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negligence per se

  • plaintiff was owed a duty of care under a statute

  • the defendant committed the conduct prohibited by the statute in question

  • statute was designed to prevent this type of injury

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nuisance

an unreasonable interference with another property owner’s use of their property

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private nuisance

defendant’s use of their property interferes with the plaintiff’s use of their property

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public nuisance

defendant’s use of their property substantially interferes with a right commonly held by the public

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strict liability

courts may impose strict liability when defendants engage in severely dangerous activities

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strict product liability

manufacturers and distributors are held to strict liability for product defects

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assult

actions intended to make another person fearful of immediate physical harm

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battery

the un-consented to and intentional touching of another person which results in harmful contact or offensive contact

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false imprisonment

the intentional confinement or restraint of another person’s activities without justification

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defamation

wrongfully hurting a person’s good reputation by stating an untruth

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slander of property

defendant makes untrue statements which decrease the value of plaintiff’s property

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slander of title

defendant makes untrue statements which cause a 3rd party to doubt the plaintiff’s ownership of the property

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trespass

when a person without permission enters above or below the surface or causes something to enter above or below the surface of another’s real property

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invitee

must warn of hidden risks and make hazardous situations safe

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licensee

must warn of potentially dangerous situations

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danger invites rescue

dangerous situation required action

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trespass to personal property

interfering with the use of another’s personal property

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conversion

the unlawful taking of another’s property

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requirements of fraud

  1. defendant made a misrepresentation

  2. defendant knew of the deception

  3. defendant intended to influence the plaintiff to act or refrain from acting

  4. plaintiff justifiably relied on the defendant’s misrepresentation

  5. plaintiff was damaged as a result

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compensatory damages

compensate plaintiff for loss suffered

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special damages

costs incurred out of pocket

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general damages

not calculated by a precise model but meant to compensate plaintiff

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nominal damages

small amount of damages meant to establish liability

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punitive damages

meant to punish defendant not necessarily compensate plaintiff

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liquidated damages

damages required by state statute and awarded in tort cases

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intellectual property

products of a person’s creative spirit. intangible in nature (patents, copyrights, trademarks, trade secrets)

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patent

the legal right to exclude all others from making, using, selling, or importing the invention during the term of the patent

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negative right

the right to legally exclude others from performing certain acts

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utility patent

covers the way something works, how the pieces interact

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plant patent

covers strains of asexually reproducing plants

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design patent

covers ornamental features of a product

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prior art

existing information or concepts which prove the invention is not novel or new

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direct infringement

patented technology is made, used, sold, or offered for sale without permission of the patent holder

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indirect infringement

when knowledge exists of the patent and can arise in two days

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first sale doctrine

once sold, the buyer can use the patented product in any manner they choose

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copyright

exclusive right to exploit certain creative works

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parody

can be copyrighted but a copyright holder cannot sue the creator of a parody of their work

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idea-expression dichotomy

if an idea cannot be separated from its expression, then no copyright protection