LGS, Week 3 Notes
LGS, Week 3 Notes LGS 200
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This 2 page Class Notes was uploaded by Grant Logsdon on Saturday February 6, 2016. The Class Notes belongs to LGS 200 at University of Alabama - Tuscaloosa taught by Charlye S. Adams in Winter 2016. Since its upload, it has received 11 views. For similar materials see Legal Environment of Business in Law and Legal Studies at University of Alabama - Tuscaloosa.
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Date Created: 02/06/16
Ch 7 Continued Classification of Crimes ● Felonies: serious crimes, punishable by death or prison for more than one year ● Misdemeanors: Nonserious crimes punishable by jail for less than one year and/or by fines To be Convicted of a Crime ● Commit a guilty act (actus reus) ● Have a guilty mind (mens rea) during commision of the guilty act ● Actus Reus the act of commision or omission, must cause harm to someone or attempted to ● Mens Rea required intent or mental state indicated in the applicable statute of law, recklessness (not paying attention while driving), criminal negligence (Michael Jackson's doctor) Corporate Criminal Liability ● Corporate Officers and DIrectors hold liability for the company Types of crime ● Violent Crimemurder, sexual assault, robbery ● Property Crimeburglary, larceny, obtaining goods by false pretense, receiving stolen goods, arson, forgery ● Public Order Crimevictimless crime (public intox, drug use) ● White Collar Crimecrimes occurring in business, nonviolent means, embezzlement, bribery, bankruptcy fraud, insider trading ● Organized Crimeoperates illegitimately by providing illegal goods and servicemoney laundering, RICO(criminal and civil liability) Defenses ● Justifiable use of forceself defense ● Necessitycriminal act necessary to prevent greater harm ● Insanitycan plead that they had no control over actions due to mental state ● Mistakemistake of fact can excuse criminal act if it negates mental state ● Duresswrongful threat induces another to commit a crime Criminal Procedures ● Constitution provides specific safeguards for those accused of crimes ● Criminal procedures are designed to protect against arbitrary use of power by the govt ● 4th amendmentpolice must have probable cause for a warrant or arrest ● Exclusionary Ruleevidence obtained without a warrant is excluded from trial ● Miranda rulepolice have to read you your rights Cybercrime ● Identity theft ● Phishing ● Employment fraud ● Credit card numbers ● Malware ● Worms ● New servicebased hacking available at a low cost ● Cyber terrorism ● Prisecuting cyber crime is an issue Ch 12 Tort law 1/2/16 Tort Law ● a civil injury designed to provide a remedy to a protect interest ● Someone is suing because they were harmed Damages Available ● Compensatoryreimburse plaintiff for actual loss ● Specialquantifiable losses, such as medical expenses, lost wages, and benefits ● Generalnon monetary, pain and suffering, reputation ● Punitive punish the wrongdoer Tort reforms ● limit punitive and general damages ● capping what attorneys receive in contingency cases ● losing party pays all expenses Types of tort (2 types) Intentionatortfeasor must intend to commit the action ● Assault ● Batterythe completion of the assault, intentional or unexcused, harmful ● False imprisonmentholding a person against their will, merchants may reasonably detain customers of there is probable cause of shoplifting ● Intentional infliction of emotional distressextreme and outrageous conduct, results in severe emotional distress in another, most courts require some physical symptom or illness ● Defamationslander:orally speaking out any false statement about a peibeprint form
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