Mgmt 455 exam 1

XC BOND

It's a mix of a surety bond and a cash bond — with any combination thereof (i.e. heavy cash bond, low surety / low cash bond, heavy surety / equal cash bond, equal surety, etc.). It truly is up to the judge.

CASH BOND

a cash bond is an amount of bail that must be paid in full, and with cash. can be refunded upon the completion of your case, so long as there are no outstanding fees, restitution, or fines left unpaid.

defendant

a person or entity accused of a crime in criminal prosecution

plaintiff

a person who brings a case against another in a court of law.

initial hearing

advised with what you are charge with *first time . Prosecutor may say "we want to make an offer" to avoid being convicted. this is your opportunity to avoid being convicted

indiana lifeline law

allows a person to call for medical help will not be concerned about being arrested for a crime. Immunity of public intoxication, minor possession, minor transportation. - need to call, give name, remain on scene and cooperate with authorities.

5th amendment

allows persons to be free from self-incrimination

defamation of character

also can be slander; consisting of publication or communication to another of false, spoken words

duties

an obligation imposed upon us to do something or not to do something

bill of rights

are the first 10 amendments to the constitution

defenses to negligent claims

b. comparative fault c. contributory negligence

juror exclusion

bias or predijuce to party involved

defferal system

can _ this to a juror if they can't make it due to hardship or extreme inconvenience, and necessity. In order to get this, must ask judge

insanity defense

can be temporarily insane at the time, but now fine, can walk away. or person guilty of offense but is presently mentally ill=person convicted *only 2% of pleas are successful

person doesn't show up

can find them in contempt of court, sheriff will drive and pick you up to go to court.

punitive damages

damages in excess of those required to compensate the plaintiff for the wrong done, that are imposed to punish the defendant cap: not more than the greater of 3x the amount of damages, or 50,000 dollars. Only you recover 25% of the damages, the 75% goes to violent crime compensation fund

private laws

dealing with contracts between companies

conditional discharge agreement/(judgement of conviction withheld)

defendant pleads guilty, (only for marijuana) judge witholds conviction, for a year, at the end, case dismissed *no conviction *but international students may lose Visa *must plead guilty

comparative fault

defense to negligent claims,is a partial legal defense that reduces the amount of damages that a plaintiff can recover in a negligence-based claim based upon the degree to which the plaintiff's own negligence contributed to cause the injury.

expungement of arrest record

erase record, it is possible to get removed *but if you have been arrested, but no criminal charges filed against you, may petition to have it erased *charges filed, but charges dropped b/c of a mistake of identity or no probable cause arrest record can be sealed from public after years

discharge from employment

for "just cause" will disqualify the individual seeking to obtain unemployment compensation

right

gives us the legal capacity to require someone to do something

trial

go here, found not guilty, post bond

self defense

if somebody tries to attack you, you have the right to defend yourself, includes deadly force. if member of family be attacked, right to use deadly force. even prevent carjacking or airplane jacking. Can't snipe someone who leaves your home

pro sup filing

if the person won't pay fine, need to file this, that is a petition prior to execution.

probable cause

if the police see a crime being committed, have a duty to arrest. if not occurring in present, need this_

juror exemptions

if you had served on a jury in the last year, you can claim this

misdemeanor

imprison for less than a year

felony

imprison for more than a year

due process

included in the 5th amendment and the 14th amendment both contain elements of substantive and procedural _

violent crime compensation act

indiana law, victim of a violent crime can file a claim to recover expenses, for medical, hospital, and ambulance care. (not for personal property) as a result of crime. Cap is 15,000

different defense pleas

insanity, self defense, intoxication

kind of torts

intentional, negligent, strict liability

administrative agency

is a government body charged with administering and implementing legislation

corporate inversion

is a largely American term for the relocation of a corporation's legal domicile to a lower-tax nation, or corporate haven, usually while retaining its material operations in its higher-tax country of origin.

Miranda rule

is a rule of evidence that may prohibit (make the statement not admissible) the state from using incrimination oral statements of a defendant if such statements are in response to police questions while the defendant is in custody

strict liability

is a tort, raising or harboring of wild animals

tort

is a wrong that arises from a violation of a private duty owed to another person/entity

operating while intoxicated

it is not against the law to drive drunk. it is against the law to drive intoxicated

Anti-trust laws

labor unions and baseball, patents, and governments

contributory fault

negligence of the plaintiff that contributes to the injury and at common laws bars from recovery of the defendant, although the defendant may have been more negligent than the plaintiff

summons

notice of being sued. can be served by sherif,, served in mail, or served in publication

tort claim

only applies if you have a lawsuit, against a government agency. Before you sue, have to give them written notice, have a limited amount of time to do so. 180 days, state then has 90 days to respond. then you can sue after thatch 6000

subpoena

order to appear in court, produce documents

due process rights

outlined in all administrative agency actions/enforcements

RICO

part sets up a particular standard if a person or company law may be fined or imprisoned.

diversion agreement

pay a fee, good behavior for a year, court service...after year case dismissed *best deal, *no conviction,*no plea of guilty

surety bond

pay premium to bond, 10%.the most common type of bond that is ordered by a judge.

negligent tort-damages

requires that a defendants actions be the proximate cause of the damage and that the damage would have been forseeable.

Money for violent crime compensation

results from court fines and punity damages assessed and paid with civil suits

indiana exemption types

tangible personal property intangible personal property retirement accounts family residence

Miranda rule is the embodiment of what

the 5th amendment

Garnishment order

the lesser of 1. 25% of disposable income (gross income-taxes) 0r 2. exceeds 30x min wage a week.

role of sheriff

to collect money to have judgement paid. if not enough money after the exemption, sheriff won't sell it

writ of execution

to recover property from a judgement defendant who owes money to an other person

intoxication

under influence of alcohol or drugs such that there is impaired conditions of thought and actions and loss of faculties to endanger another person

statued on shoplifting

will protect shopkeeper 1. if you have probable cause, you have right to detain person 2. can ask for identification 3. search them 4. right to call police 5. have right to keep person for 2 hours

exemptions amount

1. $9350 Tangible property exemption 2. $350 intangible personal property (bank account) 3. $17600 Homestead exemption

affordable care act

1. all persons must obtain health insurance or be required to pay a tax 2. persons may not be denied insurance coverage based upon pre existing medical conditions 3. employers who employ more than 50 full time employees are required to have group health insurance or pay a penalty 4. all health insurance policies must contain certain kinds of coverage 5 can be on parent's insurance until age 26

different types of damages

1. compensatory damages 2. punitive damages 3. nominal damages

elements of a tort

1. existence of a duty 2. breach of that duty 3. damage

juror qualifications

18 yrs or older, U.S. citizen, able to read/write english, resident of county, cannot have an impairment

Recognizance.

There is no bond set, so there is no need to post a bail. You get to walk out of court without paying a soul. This is often a benefit you only get once, or if the jail is experiencing overcrowding and your crime is considered non-violent in nature.