BUS 203 Lesson 5- Criminal Liability

In a _____ case, the defendant must be proven liable through a "preponderance of the evidence."

civil

In a _____ case, the defendant must be proven guilty "beyond a reasonable doubt."

criminal

White collar crimes are typically characterized by _____.

deceit

If a manager is entrusted with the petty cash at his or her office and that manager purposefully takes some of the money for himself or herself, this would be an example of_____.

embezzlement

From 1992 to 2012, International Petroleum Corporation of Delaware (IPC) altered test results to ensure the results met the limits set by their permit. As a result, IPC was were able to release waste into the city's sewer system. The company violated which type of federal law?

environmental

Criminal cases are only initiated by the _____, in response to a law being broken.

federal or state government

Generally, the first pleading filed by the prosecutor is called the _____.

information

In civil cases all parties must secure their own _____.

legal representation

A professional's duty of care is usually a duty to exercise the degree of care, skill, diligence, and knowledge commonly possessed and exercised by a reasonable, careful, and prudent professionals of the same type in the state (or sometimes in the community). When professionals do not exercise care when performing duties, it is referred to as _____.

malpractice

Professional negligence is often called _____.

malpractice

Fraud is the intentional misrepresentation of material facts for _____ gain.

monetary

_____ is an investing scam that promises investors low-risk investment opportunities with a high rate of return.

A Ponzi scheme

_____ does not allow activities that restrain trade or promote market domination.

Antitrust law

_____ occurs when monetary payments, goods, services, information, or anything of value is exchanged for favorable or desired actions.

Bribery

The _____ gives Congress the power to "regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes."

Constitution

True or false: The word used to describe the legal responsibility for harm in a civil case is guilt, not liability.

False

_____ is the intentional misrepresentation of material facts for monetary gain.

Fraud

_____ commerce describes business transactions that occurs between states.

Interstate

_____ commerce describes business transactions that occur within states.

Intrastate

_____ occurs when a person unlawfully takes the personal property of another person or a business.

Larceny

True or false: Businesses can be charged with criminal acts.

True

True or false: Criminal cases are only initiated by the federal or state government in response to a law being broken.

True

True or false: White collar crimes are characterized by deceit, concealment, or violation of trust. They are committed by business professionals.

True

In civil actions (or lawsuits), the plaintiff is the person who _____.

alleges that they were harmed

The second stage is called the _____, where the defendant appears in court so that the court can determine or confirm his or her identity, inform the defendant of the charge the prosecutor has filed against him or her, and hear the defendant's plea.

arraignment

The second stage is called the _____, where the defendant appears in court, so that the court can determine or confirm his or her identity, inform the defendant of the charge the prosecutor has filed against him or her, and hear the defendant's plea.

arraignment

In civil proceedings, the person, group, or business who initiates the case is referred to as the _____ or complainant.

plaintiff

Organizations who break federal law by dumping unauthorized toxic chemicals into waterways are _____.

violating the Clean Water Act