Term
| Major differences between civil and criminal law |
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Definition
burden of proof - civil is preponderance of the evidence. Criminal is proof beyond a reasonable doubt
criminal sanctions- harsher than those applied in civil cases. |
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Term
| In civil law, who brings the suit, wrongful act, burden of proof, verdict, and remedy? |
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Definition
| in civil law, the person who suffered harm brings the suit, the wrongful act is causing harm to a person or a person's property, the burden of proof is the preponderance of the evidence. the verdict is a three fourths majority, and the remedy is damages to compensate for the harm or a decree to achieve an equitable result. |
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Term
| In criminal law, who brings the suit, the wrongful act, burden of proof, verdict, and remedy? |
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Definition
| the state brings the suit, the wrongful act is violating a statute that prohibits some type of activity, the burden of proof is beyond a reasonable doubt, the verdict is unanimous, the remedy is a punishment. |
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Term
| Civil liability for criminal acts |
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Definition
| Assault and battery, can provide basis for both civil and criminal prosecution. |
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Term
| Supposing a person attacks Jonas as he is walking down the street: |
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Definition
| the physical act can be a tort, or a crime. either jonas files a suit or the state prosecutes the assailant, the court can order the assailant to pay for injuries, or the assailant can be fined or imprisoned. |
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Term
| What are classification of crimes? |
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Definition
felonies- punishable by death or imprisonment over 1 year
misdemeanors; punishable by fine or jail for less than 1 year. Petty offenses are minor violations such as jaywalking or violations of building codes. |
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Term
| To be convicted of a crime, a person must: |
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Definition
commit a guilty act ( actus reus )
have the guilty mind ( mens rea) during the commission of the guilty act. |
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Term
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Definition
required intent ( or mental state) is indicated in the applicable statue or law
criminal negligence or recklessness ( unjustified, substantial and foreseeable risk that results in harm) |
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Term
| State of mind: strict liability and overcriminalization |
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Definition
- federal code lists over 4000 criminal offenses, many do not list a menta state for conviction.
- strict liability crimes are found in environmental, drug laws that affect public health, safety, and welfare. |
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Term
| What is corporate criminal liabilty? |
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Definition
a corporation itself cannot be imprisoned but can be convicted of a crime through acts of its officers.
liability of the corporate entity - crime is withing agent/ employees scope of employment. |
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Term
| Liability of the corporate entity: |
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Definition
corporation fails to perform a legally required duty or;
crime authorized or requested by corporate principal/ officer. |
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Term
| Liability of corporate officers and directors. |
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Definition
corporate officers and directors are personally liable for crimes they commit
they may be criminally liabe for acts under the responsible corporate officer doctrine. |
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Term
| What are some types of crimes? |
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Definition
violent crime- murder, sexual assault, rape, robbery
property crime - burglary, larceny, theft of trade secrets, theft of services, arson, receipt of stolen goods, forgery.
public order crime
white collar crime |
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Term
| What is a white collar crime? |
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Definition
occur in a business contect using non violent means to obtain personal or business advantage.
ie: embezzlement |
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Term
| What are some crimes occuring in the business context? |
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Definition
crimes occuring in the business context
- mail and wire fraud ( federal)
- bribery
- bankruptcy fraud
- insider trading
- theft of intellectual property |
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Term
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Definition
operates illegitimately by providing ilelegal goods and services:
money laundering
RICO: government must prove a pattern of racketeering activity and defendant commited at least two offenses. |
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Term
| What is justifiable use of force? |
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Definition
| self defense of people and property can use deadly force if reasonable belief of imminent death or serious injury, cannot use deadly force to protect property alone |
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Term
| What is necessity and insanity? |
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Definition
necessity; criminal act necessary to prevent greater harm
insanity- person who suffers from mental illness may be incapable of the state of mind required for the crime. |
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