Untitled Flashcards Set

1. False Imprisonment - Holding someone in a space against their will, (for an UNREASONABLE amount of time - shopkeepers can't hold them for an
   unreasonable amount of time)

2. RICO (Racketeer Influenced and Corrupt Organizations Act)

3. FCPA - what does it ALLOW and what does it PROHIBIT, what is true about the FCPA

4. Tortious Interference with a Contract - If you know a contract took place

5. Who is liable in the company when employees commit illegal acts

6. When can the federal government use the commerce clause

7. Comparative Negligence - gives plaintiff PROPORTIONAL recovery.

8. Contributory Negligence - a COMPLETE bar on recovery the plaintiff

9. What LESSENS an officer or corporations sentence - if the company has an ethics training program AND voluntarily reporting criminal violations reduces a company's penalties under the federal sentencing guidelines

I. Can you use confessions used BEFORE the Miranda warnings are said?

• No (they protect from forced confessions)

1. When do you need a warrant? What kind of cause do you need for a warrant? - Probable cause

2. You DO NOT need a warrant if somethings is in PLAIN VIEW

3. Warrants are needed to protect people's property and privacy

4. Unauthorized appropriation - using someone's likeness or image WITHOUT PERMISSION

Which of the following would mitigate an officer's or corporation's sentence under the corporate sentencing guidelines?

a. subordinates were demoted for questioning decisions. b.
officer had no direct knowledge; he was only the supervising manager. the company had an ethics training program.*

d. subordinates failed to follow orders.

Ashley Madison is a Canadian company which has a website that allowed users to meet

"Life is short. Have

Ineration au ne te 1 in uSes aice have ben ai teast wil epo resona)

There have been at least two reported

suicides and numerous divorces in the wake of the release.

41. Which tort did the hackers commit by releasing the names of the users of the site to the public?

1. negligence.

2. invasion of privacy. *

d. extortition.

11. The defense of shopkeeper's privilege

8. Applies to the tort of defamation.
Applies to the tort of defamation.

C. States that shopkeepers may detain individuals for a reasonable time.*
None of the above.

[Note:

The shopkeeper must prove that he had a reasonable basis for detaining the suspected shoplifter. See page 304 for more.]

8. The FCPA allows payments by US companies to foreign public officials that are made for

"routine" government activities, such as processing paperwork. [True.]

2. The FCPA prohibits facilitation payments. [False. These are exceptions to the rule.]

9. False imprisonment occurs when a person is detained for any period of time against his or her will. TRUE. [This tort occurs when a person's ability to move about freely is restricted. See page 304.]