Business Law Chapter 4

What are the different levels of murder and manslaughter? Explain each. 1st Degree Murder-killing someone with premeditation 2nd Degree Murder-killing someone with malice aforethought ? 2nd Degree Manslaughter-Involuntary-commits killing during an unlawful or reckless act

1st Degree Manslaughter-Voluntary-intend to kill but as a result of personal distress

What are the different levels of murder and manslaughter? Explain each. ? 2nd Degree Murder-killing someone with malice aforethought 1st Degree Manslaughter-Voluntary-intend to kill but as a result of personal distress 2nd Degree Manslaughter-Involuntary-commits killing during an unlawful or reckless act

1st Degree Murder-killing someone with premeditation

What are the different levels of murder and manslaughter? Explain each. 1st Degree Murder-killing someone with premeditation 2nd Degree Murder-killing someone with malice aforethought 1st Degree Manslaughter-Voluntary-intend to kill but as a result of personal distress ?

2nd Degree Manslaughter-Involuntary-commits killing during an unlawful or reckless act

What are the different levels of murder and manslaughter? Explain each. 1st Degree Murder-killing someone with premeditation ? 1st Degree Manslaughter-Voluntary-intend to kill but as a result of personal distress 2nd Degree Manslaughter-Involuntary-commits killing during an unlawful or reckless act

2nd Degree Murder-killing someone with malice aforethought

Are you ever responsible for the criminal conduct of another? Yes ? Conspiracy-extensive planning of a crime

Aiding in the commission of a crime

What is the difference between burglary, larceny, and robbery? ? Larceny-unlawful taking and carrying away of personal property with intent to deprive owner of it Robbery-wrongful taking and carrying away of other's property through violence or threats

Burglary-breaking and entering the dwelling with intent to commit a crime

What are 5 rights of the accused? ? Evidence against cannot be developed from unreasonable searches and seizures Rights to be represented by a lawyer, provided if unable to afford Guilt beyond a reasonable doubt Right to trial by jury-all must agree on guilty verdict

Can't be compelled to testify against oneself

What are 4 points about using self-defense as your defense in an assault/battery case? Must retreat before resorting to force-unless your at home ? Can't use more force than would be necessary to get out of situation Must show in criminal case that you were not the one who started the altercation

Can't set traps in home and claim self defense

What are 4 points about using self-defense as your defense in an assault/battery case? Must retreat before resorting to force-unless your at home Can't set traps in home and claim self defense ? Must show in criminal case that you were not the one who started the altercation

Can't use more force than would be necessary to get out of situation

Are you ever responsible for the criminal conduct of another? Yes Aiding in the commission of a crime ?

Conspiracy-extensive planning of a crime

What are 3 forms of forgery? Signing another's name to check or other legal document Signing one's own name pretending to be someone else with same name ?

Creating a false identity, then sign false name

What are the 3 elements of a crime? ? Criminal Intent Motive

Criminal Act

What are the 3 elements of a crime? Criminal Act ? Motive

Criminal Intent

What is the difference between embezzlement and extortion

Embezzlement is the wrongful taking of another's property who has been entrusted with that property whereas extortion is the unjust taking of money/item of value by public official

What are 5 rights of the accused? Can't be compelled to testify against oneself ? Rights to be represented by a lawyer, provided if unable to afford Guilt beyond a reasonable doubt Right to trial by jury-all must agree on guilty verdict

Evidence against cannot be developed from unreasonable searches and seizures

What are 5 different forms of battery? ? Knife Gun Giving poison/drugs to unsuspecting person Spitting in someone's face

Hand

What are the 3 classifications of crimes and how are they specifically different? Felonies-crime punishable by confinement for more than a year in prison Misdemeanors-less serious crime with a severe penalty-usually a fine or prison under a year ?

Infractions-Lesser misdemeanors-can only be fined

What are 5 different forms of battery? Hand ? Gun Giving poison/drugs to unsuspecting person Spitting in someone's face

Knife

What is the difference between burglary, larceny, and robbery? Burglary-breaking and entering the dwelling with intent to commit a crime ? Robbery-wrongful taking and carrying away of other's property through violence or threats

Larceny-unlawful taking and carrying away of personal property with intent to deprive owner of it

What are the 3 classifications of crimes and how are they specifically different? Felonies-crime punishable by confinement for more than a year in prison ? Infractions-Lesser misdemeanors-can only be fined

Misdemeanors-less serious crime with a severe penalty-usually a fine or prison under a year

What are the 3 elements of a crime? Criminal Act Criminal Intent ?

Motive

What are 4 points about using self-defense as your defense in an assault/battery case? ? Can't set traps in home and claim self defense Can't use more force than would be necessary to get out of situation Must show in criminal case that you were not the one who started the altercation

Must retreat before resorting to force-unless your at home

What are 4 points about using self-defense as your defense in an assault/battery case? Must retreat before resorting to force-unless your at home Can't set traps in home and claim self defense Can't use more force than would be necessary to get out of situation ?

Must show in criminal case that you were not the one who started the altercation

What is an arraignment? ? Process of answering question of pleading guilty or not guilty

Procedure in which the accused is brought before the court, read the indictment, or information

What are 5 rights of the accused? Can't be compelled to testify against oneself Evidence against cannot be developed from unreasonable searches and seizures Rights to be represented by a lawyer, provided if unable to afford Guilt beyond a reasonable doubt ?

Right to trial by jury-all must agree on guilty verdict

What are 5 rights of the accused? Can't be compelled to testify against oneself Evidence against cannot be developed from unreasonable searches and seizures ? Guilt beyond a reasonable doubt Right to trial by jury-all must agree on guilty verdict

Rights to be represented by a lawyer, provided if unable to afford

What is the difference between burglary, larceny, and robbery? Burglary-breaking and entering the dwelling with intent to commit a crime Larceny-unlawful taking and carrying away of personal property with intent to deprive owner of it ?

Robbery-wrongful taking and carrying away of other's property through violence or threats

What are 3 forms of forgery? ? Signing one's own name pretending to be someone else with same name Creating a false identity, then sign false name

Signing another's name to check or other legal document

What are 3 forms of forgery? Signing another's name to check or other legal document ? Creating a false identity, then sign false name

Signing one's own name pretending to be someone else with same name

What are 5 different forms of battery? Hand Knife Gun Giving poison/drugs to unsuspecting person ?

Spitting in someone's face

Because they usually involve no violence to other persons, white-collar crimes are usually punished less severely than are other crimes

True

Criminal insanity, self defense, and immunity are all defenses that can be used in criminal proceedings

True

Generally, all the jurors must vote for conviction before a person can be convicted of a crime

True

Generally, what is crime for an adult is juvenile delinquency for a minor

True

Persons convicted of infractions can only be fined

True

The person who steals a television; the person who, knowing its stolen, buys and resells it; and the consumer who knows it is stolen but buys it anyway are all criminals

True

The saying "Let the punishment fit the crime" reflects the fact that crimes differ widely in seriousness

True

willful and illegal burning of a building

arson

A crime is a punishable offense committed against a. a victim b. society c. the courts d. all of the above

b

How are those below the age of 7 treated according to common law a. they are treated the same as any other alleged criminal b. they were presumed incapable of forming criminal intent c. their criminal intent had to be proven in court d. none of these

b

One who obtains money or other property by lying about a past or existing fact is guilty of a. larceny b. false pretenses c. perjury d. forgery

b

Which of the following is not a defense to criminal charges a. criminal insanity b. ignorance of the law c. self-defense d. All of the above are potential defenses to criminal charges

b

Which of the following would not have criminal intent a. the extremely careless b. the insane c. the voluntarily intoxicated d. all of the above would be held to criminal intent

b

offering or giving something of value to improperly effect performance of another party

bribery

entering a building without permission when intending to commit a crime

burgarly

A plea bargain must be approved by a. the victim of the crime b. the governor of the state c. the judge of the court d. no approval is necessary

c

How can the court compel a witness to testify after they have asserted the right against self-incrimination a. arrest the witness b. ask the judge to hold the witness in contempt c. grant immunity d. plea bargain

c

John and his friend Adam planned to rob First Bank and Trust. Shortly before the crime was carried out, John told Adam he would have nothing to do with it. Nonetheless, Adam robbed the bank according to the plan. John did nothing to stop him. John was charged with a. embezzlement b. extortion c. conspiracy d. none of these, he is innocent of any crime

c

Karl was arrested, but the arresting officer did not read him his Miranda Rights. What type of defense could his attorney to defend Karl a. immunity b. a substantive defense c. a procedural defense d. both a and b

c

What is contempt of court? a. willful disregard of the instruction of your lawyer b. failure to file an appeal on time c. actions that interfere with the administration of justice d. words that express disrespect for witnesses

c

What is the standard of proof in a criminal case? a. proof by a preponderance of the evidence b. proof by clear and convincing evidence c. proof beyond a reasonable doubt d. none of these

c

When a witness refuses to testify after the grant of immunity, what can the witness be charged with a. conspiracy b. extortion c. contempt of court d. none of the above

c

Which of the following is a white-collar crime? a. robbery b. conspiracy c. income tax evasion d. arson

c

agreement between two or more persons to commit a crime

conspiracy

action that hinders the administration of justice

contempt of court

punishable offense against society

crime

defense based on the accused's inability to know right from wrong

criminal insanity

Garfield used her son's computer to call her bank and to have the bank credit $100,000 from her employer's account to her own account. Garfield's employer was unaware of her conduct a. larceny b. computer crime c. robbery d. both a and b

d

Giller, a wholesaler, had overstocked a new color coordinated line of clothing. The goods did not sell. Facing heavy losses, Giller hired someone to set fire to the warehouse. Giller collected on his fire insurance policy. Both men were later arrested, convicted, and imprisoned for? a. arson b. larceny c. conspiracy d. both a and c

d

Goheen and Bass, both under age 18, were tired of high school. So they simply stayed away for a full week. Bored, lonely, and frustrated by the end of the week, they went to the school after midnight, broke into the chemistry lab, and "trashed" it, causing $58,000 in damages. a. littering b. juvenile delinquency c. burglary d. both b and c

d

Nashua was the sales representative for an American oil well equipment company. In order to make a sale to another country, he secretly gave a "goodwill gift" to $500,000 to that country's minister of trade. The facts become known, and he and his employer were prosecuted in the United States of? a. littering b. extortion c. robbery d. bribery

d

Nikki was walking to her bank. A young man grabbed her and threatened to shoot her, and then took her purse. In her purse was her paycheck. The thief took her paycheck, signed Nikki's name, and successfully cashed the paycheck. White crime(s) did the thief commit? a. bribery b. forgery c. robbery d. both b and c

d

Which of the following is not a type of crime of larceny? a. robbery b. shoplifting c. burglary d. forgery

d

Why would someone accept a plea bargain? a. to win favor with a judge b. to save the court time and money c. to confront the accuser at the trial d. to avoid the risk of being convicted of a more serious offense

d

a legal position that allows the defendant to escape criminal liability

defense

taking of another's property or money by a person to whom it has been entrusted

embezzlement

also known as blackmail

extortion

Obtaining property by lying about a past or existing fact

false pretenses

crime punishable by confinement of more than 1 year

felony

one who receives stolen property

fence

falsely making or materially altering a writing to defraud another

forgery

freedom from prosecution

immunity

minor misdemeanor

infractions

the criminal equivalent to a minor

juvenile delinquency

wrongful taking of another's property with the intent to deny them possession

larceny

crime punishable by confinement in jail of less than 1 year

misdemeanor

accused person admitting guilt to a less serious crime in exchange for more serious charges dropped

plea bargaining

a reasonable ground for belief

probable cause

a criminal defense based on how the evidence was obtained or how accused was arrested

procedural

Any penalty provided by law and imposed by a court

punishment

buying property known to be stolen

receiving stolen property

The wrongful taking of another's property from their person or presence by threat of force or violence

robbery

defense/the use of force that appears to be reasonably necessary to the victim to prevent harm

self

legal position that disproves, justifies, or otherwise excuses an alleged criminal act

substantive defense

Substituted criminal liability

vicarious criminal liability

crime typically committed in the workplace and does not involve violence

white collar crimes

"Falsely making or altering a writing to defraud another" is the definition of the crime of embezzlement

False

A person accused of a crime may be forced to waive his or her rights if those rights are explained carefully

False

Contempt of court is only a civil matter and no one can be imprisoned for it

False

Crimes consist of intentional acts or failures to act that violate legal duties to society; no other element need be proved

False

Immunity can be given to anyone to allow them to commit a future crime without being subject to arrest

False

Procedural defenses focus on whether the alleged criminal actually committed the crime

False

There are only two types of larceny-robbery and burglary-and both are felonies

False

When the accused person voluntarily gives up the right to a public trial to avoid the risk of a heavier penalty, it is called a pardon

False

What are the 3 classifications of crimes and how are they specifically different? ? Misdemeanors-less serious crime with a severe penalty-usually a fine or prison under a year Infractions-Lesser misdemeanors-can only be fined

Felonies-crime punishable by confinement for more than a year in prison

What are 5 different forms of battery? Hand Knife Gun ? Spitting in someone's face

Giving poison/drugs to unsuspecting person

What are 5 rights of the accused? Can't be compelled to testify against oneself Evidence against cannot be developed from unreasonable searches and seizures Rights to be represented by a lawyer, provided if unable to afford ? Right to trial by jury-all must agree on guilty verdict

Guilt beyond a reasonable doubt

What are 5 different forms of battery? Hand Knife ? Giving poison/drugs to unsuspecting person Spitting in someone's face

Gun

A threat to expose a crime unless money is paid is a crime of a. extortion b. embezzlement c. conspiracy d. none of these

a

Which of the following is not a constitutional right of the accused a. the right to a private cell when in jail b. the right to refuse to testify against oneself c. the right to be subject to arrest only when there is probable cause d. the right to be represented by a lawyer

a