Business Law Exam 2 Ch.6

You are waiting in line for a concert and someone stabs you and steals your ticket, leaving you with major wounds. A police officer on site detains and arrests the person who publicly assaulted you. In this case, the wrongdoer is possibly subject to

Both a tort and criminal lawsuit

A ___ is a wrong against society proclaimed in a statute.

Crime

In contrast, __ are designed to punish those who commit crimes and to deter others from committing similar acts in the future.

Criminal Sanctions.

John, a factory manager, is responsible for ensuring the safety of his workers. He is aware of a defective machine on the production line that poses a significant safety risk. Instead of immediately addressing the issue, he decides to continue production and ignores the potential danger. In the scenario described, what criminal act might John be charged with?

Criminal negligence

What is NOT a type of crime?

Cyber crime

How are cyber crimes explicitly determined from computer crimes?

Cyber crimes are confined to the internet as opposed to simply the use of computer technology

Civil Law measures the _____ of the crime

Damages

Which one of these options is NOT a type of crime?

Donating

Talula is found "not guilty" for the crime of Arson. One month later, she is arrested under the suspicion of Arson and will be tried in court for it. Which Fifth Amendment Protection would she most likely invoke?

Double Jeopardy

I am working for a company with a position of entrustment and I am taking some of their money and taking it for myself. What is this?

Embezzlement

Marcus works as an accountant for McDonald's corporate office. Marcus has been allocating profits made by McDonald's into a secret personal bank account under his title as "Accountant." By taking a small percentage of money out of McDonald's monthly invoices, Marcus has committed ______.

Embezzlement

What is considered a white- collar crime?

Embezzlement

(T/F) Burglary involves the act of taking another person's physical property with the intent to never return it.

False

Civil Law only pertains to crimes committed during civil wars. True or False?

False

Embezzlement can only occur if the embezzler takes funds directly from the victim.

False

The two elements that must exist for a person to be convicted of a crime are the performance of a prohibited action and a witness who saw the action.

False

The victim of a crime must bring the case against the defendant.

False

True or False? "Actus reus is the mental state or intent of the defendant in a criminal case."

False

True or false? A petty offense can land the offender in prison for 5 years.

False

True/False Mens Rea is s A guilty (prohibited) act. It is one of the two essential elements required to establish criminal liability.

False

Emma commit a crime that involved a murder, what is the classification of this crime?

Felony

Which one of these options is NOT a form of Cyber Identity Theft?

Fishing

What type of cybercrime involves gaining unauthorized access to computer systems or networks with the intent to steal or manipulate sensitive data?

Hacking

All of these are examples of Cyber Crimes except for which?

Hate Comments

In a recent cybercrime case, a suspect is accused of gaining unauthorized access to a company's computer system and stealing sensitive customer data. What specific charge is most likely to be brought against the suspect in this scenario?

Identity Theft

Let's say a man, Steven, is charged with the crime of burglary and robbery. He allegedly walked into Farmer's & Merchant's, held the people inside the bank hostage, threatened the bank tellers, and ran off with $750,000. As he's facing the charges of the crime(s) he committed in court, on whom does the burden of proof fall? Explain the reasoning.

It falls on the state because this is a criminal case in which the state is responsible for finding him guilty or not guilty beyond a reasonable doubt.

In a civil case, who is responsible for the Burden of Proof?

Plaintiff

On Super Bowl Sunday, John Conner has his buddies over to watch the game over some beers and buffalo wings. John, in the safety of his own home, goes a little hard on the booze and becomes quickly intoxicated after finishing six beers before halftime. At half time John and his buddies begin tossing around a football in the front yard and drunken John misses a catch and the ball flies across the street. Open beer in hand, John crosses the street to grab the ball right as a police officer is driving by. The officer upon seeing the open beer and John's loud, drunken yelling to his friends pulls over and writes John a ticket for public drunkenness and for the open container. What type of crime did John Conner commit in order to receive the ticket?

Public Order Crime

Due to sanitary conditions, TacoLand restaurant's lettuce is contaminated with E.coli. The owner fails to recall the lettuce and several more customers get sick. Under what doctrine may the the owner of TacoLand be held liable and prosecuted by the government.

Responsible Corporate Officer Doctrine

If a police officer wanted to search a person's property, which legal mechanism would protect the person's privacy rights?

Search warrant

Which one Is not a real type of Crime?

Speedy Crime

A Criminal Law effects the____

State

In 2005, a priceless painting was stolen from a local museum. Despite years of investigation, no leads surfaced. Over a decade later, in 2017, there was a tip that led to the arrest of the thief. The defense argues that the _ had expired, but the prosecution counters that it was tolled when the thief was in hiding. Ultimately, the court rules in favor of the prosecution, finding the thief guilty.

Statute of Limitations

What is a key distinction between criminal law and civil law?

The burden of proof

Sam, driving under the influence, causes a car accident that results in the death of Tanya. Sam is arrested and charged with a crime punishable by imprisonment for more than a year. This crime is

a felony.

Andy causes a disturbance at Brew Pub. He is arrested and charged with disorderly conduct, a crime punishable by imprisonment up to one year. This crime is

a misdemeanor.

Who is the party who brings a suit in a criminal law case?

the state

What is a felony?

A crime that can result in death or more than one year in prison.

Hypothetically, in which scenario could duress be a valid defense against a criminal charge?

A person robs a bank because they believe their life is in immediate danger.

If you are being prosecuted for a criminal situation, who is responsible for your prosecution?

A public official, such as a district attorney or attorney general

In a criminal context, what must be proven to establish criminal negligence?

A reckless disregard for the safety of others

The _ is a guilty act and one of the two essential elements required to establish criminal liability.

Actus Reus

Property Crimes are...

Are the most common form of crime

The burden of proof necessary for a criminal case is

Beyond a reasonable doubt

Which is not a type of crime?

Blue-Collar Crime

Which of the following is NOT one of the 5 broad categories of crime?

Blue-Collar Crime

If someone has stolen your idea or project but you don't have any evidence to prove that person has stolen from you. And the person who stole your idea just said that we have the same mindset. So the action that person does is actually a wrongful act?

True

In A civil case in "Burden of Proof", the plaintiff usually must meet the preponderance of the evidence standard.

True

In a criminal case, the jury's verdict normally must be a unanimous to convict the defendant while in a civil case by jury, typically only three-fourth of the jurors need to agree.

True

Larceny is the wrongful taking and carrying away of another person's personal property with the intent to permanently deprive the owner of the property.

True

There are five elements needed for a negligence action to be succeed.

True

True or False? In Civil Cases ⅗ of the jurors need to agree while in Criminal Cases the jury must agree to a unanimous decision.

True

True or False? Obtaining evidence without a valid search warrant, may also operate as defenses

True

Which of the following elements is typically required to establish the crime of "burglary" in criminal law?

Unlawful entry into a building or structure with the intent to commit a crime

Fourth Amendment provides protection against?

Unreasonable search and seizure

Types of Crimes are?

Violent crimes, Property crimes, Public order crimes.

When does Criminal negligence occurs?

When the defendant takes an unjustified, substantial, and foreseeable risk that results in harm.

What constitutes a criminal conspiracy?

When two or more people agree to commit an unlawful act, and then take some action toward its completion.

In order to establish liability for a tort, all of the following must be proved except

vicarious liability

John needs to upload his assignment into canvas but has no internet. He decides to connect to his neighbor's unsecured WiFi. Has John committed a crime? If so, what.

John committed a misdemeanor

Which legal doctrine requires law enforcement officers to inform people of their right to remain silent, the right to an attorney, and the warning that anything they say can and will be used against them in court?

Miranda rule

Joe encounters a reckless driver and almost got hit by him, can the driver be charged with negligence?

No

Suppose Jared's house is getting broken into by 4 people. He who fears for his life confronts them with a firearm. Now the burglars are in fear for their life so they escape, however before escaping Jared shoots one of them. Would this be classified as self defense?

No because in that situation the aggressor was Jared

True or False? Two elements normally must exist simultaneously for a person to be convicted of a crime - the performance of a prohibited act, and a specified state of mind or intent on the part of the actor.

True

What factors does the court consider in order to determine whether the duty of care has been breached?

The nature of the act The manner in which the act was performed The nature of the injury

What does the plaintiff usually must meet?

The preponderance of the evidence standard

What is the primary distinction between a misdemeanor and a petty offense in the legal system?

The seriousness of the crime

A person who suffers from a mental illness may be incapable of the state of mind required to commit a crime. Thus, insanity can be a defense to a criminal charge.

True

A single act can be both a tort and a crime.

True

Actus Reus is a prohibited act and is one of the two essential elements required to establish criminal liability.

True

Actus reus is a guilty or prohibited act.

True

Assault & Battery can be classified as either a tort action and/or a violent crime.

True

Civil Law pertains to the duties that exist between persons and thier governments excluding the duty not to commit crimes.

True

Crimes are offenses against society as a whole.

True

In a murder case the jury is pretty sure that Dale Morris shot someone. Should the jury convict him?

no