Chapter 8 and 9 HW Review and Class Notes
Chapter 8 and 9 HW Review and Class Notes 70283
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This 4 page Class Notes was uploaded by courtneycorso on Thursday September 10, 2015. The Class Notes belongs to 70283 at Pace University taught by Barnet in Fall 2015. Since its upload, it has received 21 views. For similar materials see Business Law I in Law and Legal Studies at Pace University.
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Date Created: 09/10/15
Courtney Corso In Class Homework Review 1Chapter 8 1 Criminal culpabilityAbsolute liability charge ignorance of the law is not an excuse Flynn is still liable Before doing business you must check applicable laws The act was intentional the act could have been controlled the person provided no excuse or justifications of the actions 3 Burglary Larceny Yes certainly a larceny and bribery as well Larceny moving the materials from the shelf to a place by the drawer asportation Asportation the carrying away or moving property from one place to another 4 Responsibility of intoxicated person for criminal acts no voluntary intoxication is not a defense gross negligence 9 Money Laundering should be concerned that his gallery and auctions are being used to launder money Patriot Act extended liability for money laundering beyond just banks In Class Notes Chapter 8 Crime an act or remission in a mental state Definition violation of common statutory law prohibited by government Intentional assault 12000 sub 1 Intentional mental assault act 3 levels of a Crime 1 Felony over one year in jail 2 Misdemeanor less than one year in jail 3 Violation Arraignment the defendant is brought before the court for the first time to plea innocent or guilty bail is either set or not set released Someone has to post bail to get criminal out of prison 3030 Notion notion to dismiss a case if prosecutor is not ready for trial in 90 days Affidavit client friend signed as a witness a written statement confirmed by oath or affirmation for the use as evidence in court Certificate of Disposition hard copy to show the case was dismissed adjourned in contemplation of dismissal case will be adjourned for a certain period of time usually 6 months where the charges will be dropped as long as no crimes are committed Courts are a exible system the state 50 convictional rate vs state 80 Convictional rate One s rap sheet is key what determines how long their sentence will be Manslaughter recklessly taking one s life without permission negligently taking one s life without permission Manslaughter does not require intent to kill Criminal Liability bound to know what the criminal law is not an excuse to say you were unaware that you were breaking a law Requires a mental state b act or omission c harm General Principles 1 Nature classification of crimes 2 Basis of criminal liability 3 Responsibility for criminal acts a Corporate Liability b Officers Agents of a corporation may be held responsible for criminal acts of their employees Outcomes Preferable to least preferable 1 Dismissal 2 ACD 3 Violation Disorderly conduct is the least harmful 4 Misdemeanor 5 Felony Homework Review 2Chapter 9 1 Violation of privacy against Tiger Woods regardless however it would save him from lawyer fees if just directly put in the contract 3 Defense was acting with gross negligence by snowboarding while having a snowball fight so is liable there is no release for gross negligence 5 Bank wins since they have never had a criminal attack like that before the bank is not responsible no foreseeability 7 Tort of trespass and absolute liability by having transport of radioactive materials 8 There was no duty or breach in the duty for the police to have to remove of the car 10 More than one proximate cause when there is a death both should be held accountable family for the cab sue for wrongful death and for the trucking company respondeant superior Respondeant Superior employees have to be constantly schooled extreme care taken by employer to take good care of all employees 13 Assumption of risk Chapter 9 What is the difference between a tort and a crime Crimes can lead to prison time has to be proven beyond reasonable doubt Tort is a breach of a private duty person business entity where a crime is a breach of a public duty civil injury to a person or her property interest has to be proven by a fair portion of the evidence over 50 Federal has a higher conviction rate than state Crime and Tort can happen simultaneously hitting someone in the head is a tort of assault and crime of hitting somebody some kind of overlap between the two Tort 3 types 1Negligence most common failure to act to an amount of due care under the circumstances causing a foreseeable injury act as a reasonable person De nition Lack in reasonable care under the circumstances Elements for Negligence 1 Duty 2 Breach of Duty 3 Proximate Cause 4 Foreseeability 5 Damages Ex dog park example defendant not guilty because there was no duty dogs go to the dog park at his or her own risk Due care degree of care which a person of ordinary prudence would exercise under the same or similar circumstances Negligence Gross negligence or recklessness Intentional of Bad conduct Iury Nullification jury does not believe defendant should be punished for crime members of jury do not agree with the law Contributory Negligence o Plaintiff s partial negligence for his own injury that bars recovery 0 Plaintiff may be responsible for charges if contributed 2 to her injury Comparative Negligence o Determines the fault of both parties 0 If plaintiff is gt50 at fault he recovers nothing State of where the accident occurred is important 0 Check what the law is in the state before you sew 0 Some states are comparative contributory negligence states Assumption of Risk 0 Burden is on defendant to prove plaintiff knew about the risk and chose to proceed 0 Ex homework example about touch football Liability for Negligence Immunity Negligently caused mental distress Bystander recovery 0 Limited to spectators who are closely related to the plaintiff 0 Ex fianc e watched his wife die in a car accident 2Intentional False imprisonment intentional detention without consent being robbed on street for those 2 seconds can be imprisoned kidnapping o Shopkeeper s Privilege permits detention for reasonable time with reasonable suspicion must be quiet and a non abusive manner Intentional In iction of Emotional Distress Invasion of Privacy public disclosure of private facts intrusion of private affairs appropriation Defamation untrue statement published to a third party that damages a person s property interest Slander oral defamation Libel written broadcast internet 0 Ex dentist was on crack when I was getting my teeth donequot is slander Product Disparagement 0 False statement about a product Wrongful interference with Contracts 0 Third party A substantially interferes with a contacts between B and C causing either B or C to break the contract 0 Ex Disney example when a third party mumbles about another with attempt to get them fired Tort of Assault threaten to hit a person vs Tort of Battery actually hitting a person Say you get into a bar fight with a guy with a thin skull and he dies after getting punched are you liable Yes you take your complainant as he is 3 Absolute Liability Product Liability have to make sure your product is safer for users include instructions and warnings 0 Buying a gun without instructions accidently shoot yourself in foot the company or whoever was supposed to put instructions in the box is held liable Due care is not a defense in an absolute liability case 0 If transporting toxic waste and falls off and kills someone still responsible regardless of how safe the truck was Absolute standard of liability there are a few defenses 0 Ex ultra hazardous activities such as dynamite excavations Due Thursday Chapter 12 Issue Pertenant Facts Defintion and Assumption of Risk Rule of Law Pg 2571 2 3 6 8 10
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