New User Special Price Expires in

Let's log you in.

Sign in with Facebook


Don't have a StudySoup account? Create one here!


Create a StudySoup account

Be part of our community, it's free to join!

Sign up with Facebook


Create your account
By creating an account you agree to StudySoup's terms and conditions and privacy policy

Already have a StudySoup account? Login here

Module two notes/quiz review

by: Nsp

Module two notes/quiz review BUL 3320

Marketplace > University of South Florida > BUL 3320 > Module two notes quiz review
GPA 3.4

Preview These Notes for FREE

Get a free preview of these Notes, just enter your email below.

Unlock Preview
Unlock Preview

Preview these materials now for free

Why put in your email? Get access to more of this material and other relevant free materials for your school

View Preview

About this Document

Module 2 notes: Tort and Criminal Laws Quiz Review
Law And Business I
K. Myers
75 ?




Popular in Law And Business I

Popular in Department

This 6 page Bundle was uploaded by Nsp on Monday September 7, 2015. The Bundle belongs to BUL 3320 at University of South Florida taught by K. Myers in Fall 2015. Since its upload, it has received 78 views.


Reviews for Module two notes/quiz review


Report this Material


What is Karma?


Karma is the currency of StudySoup.

You can buy or earn more Karma at anytime and redeem it for class notes, study guides, flashcards, and more!

Date Created: 09/07/15
Module 2: Torts and Criminal Laws. Topic 1: Tort Liability  Torts are classified as intentional acts and negligent acts. - Fraud is an example of a crime that is associated with business theft, robbery, and larceny are examples of crimes committed against business.  White-Collar crime is often committed by businessperson and involves economic loss. - It also includes forgery and embezzlement  Tort liability - Tort- a wrong committed by one party against another party.  Example: Person who has filed a case against the person who has damaged, requests to pay the cost in order to rebuild what was damaged.  Three categories of torts: 1. Intentional Torts 2. Negligence 3. Strict Liability  Intentional Torts: a situation in which the defendant intends to cause harm to the plaintiff, or situation that ends up messy, like fight.  Assault and Battery o Assault- involves the plaintiff’s reasonable apprehension or fear of offensive physical content from the defendant. o Battery- Physical content.  Example: Sexual harassment  False Imprisonment- involves the unprivileged detention of person without that person’s consent.  Deformation- Plaintiff was falsely accused of adultery.  Involves false spoken or written words that damages plaintiff’s reputation in the community. Fraud: Example- plaintiff was promised results form a diet pill, but results were falsely advertised.  An intentional tort that involves the following element. 1. Making false statement of act 2. Listener does rely on the false statement 3. Knowledge of its falsity or with reckless indifference to its truth 4. Listener is harmed as a result {either economically, physically, or both}  Negligence: Medical malpractice  Example of a special type of negligent action. Example of Negligence: Plaintiff was administered the wrong dose of medicine from nurse.  Strict Liability: liability without fault Example of strict liability: plaintiff bought a hair dryer that caused second-degree burn. Example of product liability: if the plaintiff purchases a defective product, the plaintiff need only establish two elements of proof to prevail: 1. Product was defective 2. Plaintiff was harmed (sustained damages) as a result. Topic 2: Common Crimes  A crime is broadly defined as a wrong against as whole. - Larceny and theft is one example of common crimes. - Murder is defined as the unlawful killing of another human being with men’s rea (guilty mind).  Burglary and Arson  Burglary: breaking and entering of the dwelling house of another at night.  Arson: burning of all types of private, commercial, and public buildings. Even burning one’s own home to collect insurance proceeds fraudulently could constitute arson. Larceny Robbery  Stealing away of the personal Similar to larceny, but presents of property of another. victim is required.  Shoplifting is specific type of Robbery is usually greater than larceny. the punishment for larceny because victim’s presence increase the likelihood that victim will be physically harmed.  Common crimes are typically committed against person or property one such example of a crime is murder. For a murder conviction, the crime must be committed with a guilty mind. Another common crime is larceny, or the unlawful thinking of property without force or fear. Topic 3: White-Collar crimes  White-collar crimes are different from common crimes. o Does not involves the use of force, fear, or violence. It is often committed by businessperson who present themselves as professionals.  Forgery- represents the material alteration of instrument (check) that would create or change the legal liability or another party.  Example 1: If an employee change their payroll check by increasing an additional zero to the amount.  Example 2: If a criminal were to steal a check from a victim’s checkbook, complete the check, and attempts to use it, the act of filing in the blanks on the check constitutes forgery. o Forgery is type of a fraud.  Embezzlement- wrongful conversion of property that has been entrusted to an individual. Embezzlement punishment is greater than common larceny. Forgery Embezzlement  Another type of fraud  Misappropriation of funds for the  Material alteration of an direct benefits for others in instrument or legal liability. violation of trust.  Common fraud - False statement of fact - Knowledge of its falsity, or a reckless indifference to its truth - The intent that the listener rely on the false statement - The listener is harmed as a result  Criminal Conspiracy- an illegal agreement between two or more individuals to commit an intended crime such as murder. Conspiracy is independent crime. If defendants do not commit the intended crime, they can be prosecuted for the conspiracy itself. Topic 4: Criminal law and the constitution  Unlawful search and seizure - Fourth amendment defines before the police can search individuals, they must have search warrant.  Miranda Rights- An important component of the Fifth Amendment. - Privilege against self-incrimination is the right to be informed of certain due process protections. o If a suspect is being interrogated by the police, the police MUST first advice the suspect of the following:  You have the rights to remain silent.  Anything you say can and will be used against you.  You have the rights to consult a lawyer and to have a lawyer present with you during interrogation.  If you cannot afford a lawyer, a lawyer will be appointed free of charge to represent you.  Protection against double jeopardy - Fifth Amendment explains “no person should be punished twice for the same crime.”  Sixth Amendment Right to a public jury trial. - States “in all criminal prosecutions, the accused shall enjoy the right to speedy end public trial.”  Protection against cruel and unusual punishment - Eight Amendment: Death penalty Fourth Amendment Fifth Amendment Sixth Amendment  Protection against Miranda Rights Right to public unreasonable jury trial. “No personal search and seizure. deprived of life, liberty, or property without due process of law. Protection against double jeopardy. Protection against self-incrimination. Quiz Review Strict liability- The plaintiff bought a hair dryer that caused second-degree burns. Fraud- The plaintiff was promised results from a diet pill, but the results were falsely advertised. Negligence- The plaintiff was administered the wrong dose of medicine from a nurse. Defamation- The plaintiff was falsely accused of adultery. True/False  A tort is defined as an intentional act that causes harm to another. False - A tort does not actually have to be intentional. The most common type of unintentional tort is negligence, which still carries similar penalties to certain types of intentional torts.  If a tort is considered serious enough, it will often result in jail time. False - Torts are considered civil suits, which usually cannot result in jail time or other criminal prosecution. While an overlap sometimes exists between criminal and civil law, the prosecution of a tort very rarely results in a criminal sentence.  To be convicted of a tort, the plaintiff must only show responsibility based on a preponderance of evidence, not proof beyond a reasonable doubt. True - This is true. While criminal prosecution must show proof beyond a reasonable doubt, civil cases are decided based on a preponderance of evidence. Since torts are considered under civil law, only the latter condition is needed to decide a case.  Generally, the only case in which the plaintiff does not need to show either intent or negligence is in the case of strict liability. True - This is true. In most cases, a tort plaintiff must demonstrate the defendant either acted to intentionally cause harm or ignored a responsibility to the plaintiff (negligence). However, in cases of strict liability, the plaintiff proves the defendant has a responsibility for harm caused, even if the defendant neither intentionally caused harm nor was negligent in doing so.  Probable cause is defined as the substantial likelihood that incriminating evidence will be found when a search is performed. True  The U.S. Supreme Court outlined the protocol for custodial interrogation in its 1972 decision in Miranda v. Illinois. False  The prohibition against cruel and unusual punishment prevents the government from trying a defendant repeatedly until the conviction is successful. False  The Eighth Amendment to the Constitution prohibits the infliction of cruel and unusual punishment. True Conspiracy - What type of white-collar crime is an independent crime, regardless of whether the intended crime is actually committed? Forgery- What type of white-collar crime is altering a payroll check after it has been issued? Embezzlement -What type of white-collar crime tends to have a punishment greater than common larceny? Fraud- What type of white-collar crime is tampering with an automobile’s odometer?


Buy Material

Are you sure you want to buy this material for

75 Karma

Buy Material

BOOM! Enjoy Your Free Notes!

We've added these Notes to your profile, click here to view them now.


You're already Subscribed!

Looks like you've already subscribed to StudySoup, you won't need to purchase another subscription to get this material. To access this material simply click 'View Full Document'

Why people love StudySoup

Jim McGreen Ohio University

"Knowing I can count on the Elite Notetaker in my class allows me to focus on what the professor is saying instead of just scribbling notes the whole time and falling behind."

Anthony Lee UC Santa Barbara

"I bought an awesome study guide, which helped me get an A in my Math 34B class this quarter!"

Steve Martinelli UC Los Angeles

"There's no way I would have passed my Organic Chemistry class this semester without the notes and study guides I got from StudySoup."


"Their 'Elite Notetakers' are making over $1,200/month in sales by creating high quality content that helps their classmates in a time of need."

Become an Elite Notetaker and start selling your notes online!

Refund Policy


All subscriptions to StudySoup are paid in full at the time of subscribing. To change your credit card information or to cancel your subscription, go to "Edit Settings". All credit card information will be available there. If you should decide to cancel your subscription, it will continue to be valid until the next payment period, as all payments for the current period were made in advance. For special circumstances, please email


StudySoup has more than 1 million course-specific study resources to help students study smarter. If you’re having trouble finding what you’re looking for, our customer support team can help you find what you need! Feel free to contact them here:

Recurring Subscriptions: If you have canceled your recurring subscription on the day of renewal and have not downloaded any documents, you may request a refund by submitting an email to

Satisfaction Guarantee: If you’re not satisfied with your subscription, you can contact us for further help. Contact must be made within 3 business days of your subscription purchase and your refund request will be subject for review.

Please Note: Refunds can never be provided more than 30 days after the initial purchase date regardless of your activity on the site.