LEGAL ENVIRON OF BUS
LEGAL ENVIRON OF BUS LAW 2150
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This 9 page Class Notes was uploaded by Mr. Reginald O'Reilly on Friday October 2, 2015. The Class Notes belongs to LAW 2150 at Appalachian State University taught by Richard Mattar in Fall. Since its upload, it has received 8 views. For similar materials see /class/217674/law-2150-appalachian-state-university in Law at Appalachian State University.
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Date Created: 10/02/15
Exam 2 Notes Chapter Seven Patterson 1 Civil Law and Criminal Law 0 Civil law pertains to the duties that exist between persons or between persons and their governments 0 Criminal law has to do with crime 0 Crime 7 a wrong against society proclaimed in a statute and punishable by a ne and0r imprisonment and in some cases death offenses against society as a whole Prosecuted by a public official district attorney attorney general and not by the O victims Major Differences between Civil Law and Criminal Law 0 Preponderance of the Evidence 7 Civil Case 7 plaintiff must convince the court that based on the evidence presented by both parties it is more likely than not that the plaintiff s allegation is true 0 Civil trial by jury 7 usually need 3A of the jurors to agree 0 Beyond a Reasonable Doubt 7 Criminal Case 7 the government prosecutor must prove beyond a reasonable doubt that the defendant has committed every essential element of the offense with which shehe is charged 0 The jury s verdict must normally be unanimous Issue Civil Law Criminal Law P rt h b 39 a y w 0 gs Person who suffered harm The state suit Wrongful act Causing harm to a person or to a Violating a statute that prohibits person s property some type of act1v1ty Burden of Proof Preponderance of the Evidence Beyond a Reasonable doubt Verdict 3 majority normally Unanimous D t t f th amages 0 compensa 63 or e Pun1shment find 1mpr1s0nment 0r Remedy harm or a decree to ach1eve an equitable result death Criminal Sanctions Patterson 2 o Harsher than those in civil cases 0 Purpose of tort law 7to enable a person harmed by the wrongful act of another to obtain compensation from the wrongdoer rather than to punish the wrongdoer 0 Criminal Sanctions 7 designed to punish those who commit crimes and to deter others from committing similar acts in the future 0 Fines incarceration probation community service completion of an educational or treatment program payment of restitution death Civil Liability for Criminal Acts 0 Assault and Battery 7 basis for a criminal prosecution and a civil action in tort Classification of Crimes 0 Level of seriousness 7 felonies or misdemeanors Felonies o Felonies 7 serious crimes punishable by death or by imprisonment in a federal or state penitentiary for one year or longer 0 Model Penal Code 7 4 degrees of felony 0 Capital offenses for which the maX penalty is death 0 First degree felonies punishable by a maX penalty of life imprisonment 0 Second degree felonies punishable by a maX often years imprisonment 0 Third degree felonies punishable by up to five years imprisonment o Malice Aforethought 7 with wanton disregard for the consequences of hisher actions for the victim Misdemeanors and Petty Offenses 0 Any crime that is not a felony is considered a misdemeanor 7 less serious crimes punishable by a fine or by incarceration for up to one year 0 Disorderly conduct trespass o Subset Petty Offenses 7 minor violations such as disturbing the peace and violating building codes I Jail for a few days fined or both Criminal Liability 0 Two elements to be convicted of a crime Patterson 3 o The performance of a prohibited act 0 A speci ed state of mind or intent on the part of the actor o Concurrence between the act and the intent two elements must occur together The Criminal Act Commission 7 a person must do something in order to be accused ofa crime 0 Actus Reus 7 a prohibited act or guilty act 0 GuiltyActRequirement 7 a person should be punished for harm done to society for there to be a crime the guilty act must cause some harm to a person or to property State of Mind 0 Mens Rea 7 wrongful mental state 0 A guilty mental state 0 Criminal Negligence 7 involves the mental state in which the defendant deviates from the standard of care that a reasonable person would use under the same circumstances Not aware of the risk but should have been 0 Criminally Reckless 7 consciously disregards a substantial and unjusti able risk Corporate Criminal Liability 0 Corporations cannot be imprisoned but they can be ned or denied certain legal privileges licensing Liability of the Corporate Entity o Corporations are liable for the crimes committed by their agents and employees within the course and scope of their employment 0 Prosecutor must show the corporation consent or knew about it 0 Can be held liable for failing to do speci c duties imposed by law Liability of Corporate Of cers and Directors 0 Directors and Of cers are personally liable for the crimes they commit 0 May be held liable for the actions of employees under their supervision o Responsible Corporate Of cer Doctrine 7 a court may impose criminal liability on corporate of cers regardless of whether heshe participated in directed or even knew about a given criminal violation Patterson 4 Types of Crimes 0 Criminal acts can be grouped into five broad categories violent crime crimes against persons property crimes public order crime whitecollar crime and organized crime Violent Crime 0 Violent Crimes 7 crimes against persons because they cause others to suffer harm or death 0 Murder sexual assault rape assault and battery 0 Robbery 7 the taking of money personal property or any other article of value from a person by means of force or fear Aggravated Robbery 7 robbery with the use of a deadly weapon 0 Property Crime 0 Property Crime 7 the goal of the offender is some form of economic gain or the damaging of property 0 Robbery 7 offender seeks to gain the property of another 0 Burglary 7 breaking and entering the dwelling of another at night with the intent to commit a felony time now immaterial may omit element of breaking building may not be a dwelling I Aggravated Burglary Larceny 7 the unlawful taking and carrying away of someone else s personal 0 property with the intent to permanently deprive the owner of possession stealing or theft BUT does not involve force or fear unlike robbery I Picking pockets taking company products and supplies for homepersonal use internet trade secrets I Value of property 7 grand felony and petit misdemeanor Arson 7 the willful and malicious bunring of a building or personal property 0 0 Receiving Stolen Goods Forgery 7 the fraudulent making or altering of any writing in a way that changes the legal rights and liabilities of another Obtaining Goods by False Pretenses O 0 Public Order Crime 0 Activities that are considered contrary to public values and morals 0 Public drunkenness prostitution gambling illegal drug use 0 Victimless Crimes 7 normally harm only the offender Patterson 5 White Collar Crime 0 White Collar Crime 7 an illegal act or series of acts committed by an individual or business entity using some nonviolent means to obtain a personal or business advantage 0 Embezzlement 7 a person entrusted with another person s property or funds fraudulently appropriates that property or those funds 0 Mail and Wire Fraud I Mail F rand Act 7 it is a federal crime to use the mails to defraud the public 0 Mailing or causing someone else to mail a writing for the purpose of executing a scheme to defraud o Contemplating or organizing a scheme to defraud by false pretenses o Bribery 7 offering to give something of value to a person in an attempt to in uence that person to act in a way that serves a private interest I Bribery of public officials I Commercial bribery 7 corrupt dealings between private persons or businesses I Bribery of foreign officials I Crime of bribery occurs when the bribe is olTered accepting a bribe is a separate crime 0 Bankruptcy Fraud 0 Insider Trading 0 The Theft of Trade Secrets I Economic Espionage Act 7 makes the theft of trade secrets a federal crime Organized Crime 0 Operates illegitimately by providing illegal goods and services 0 Gambling prostitution illegal narcotics and loan sharking counterfeiting creditcard scams 0 Money Laundering o RICO I Racketeer In uenced and Corrupt Organizations Act RI C0 7 makes it a federal crime to 0 Use income obtained from racketeering activity to purchase any interest in an enterprise Patterson 6 Acquire or maintain an interest in a enterprise through racketeering activity Conduct or participate in the affairs of an enterprise though racketeering activity Conspire to do any of the preceding activities 0 Criminal Provisions 0 Civil Liability Defenses to Criminal Liability O The law may allow a person to be excused from criminal liability because shehe lacks the required mental state can show that their criminal acts were justified Infancy intoxication insanity mistake consent duress justifiable use of force 0 necessity entrapment statute of limitations procedural violations 0 Immunity from prosecution Infancy 0 Infant 7 any person who has not yet reached the age of majority Intoxication o Involuntary Intoxication 7 a person either is physically forced to ingest or inject an intoxicating substance or is unaware that such a substance contains drugs or alcohol 0 Voluntary Intoxication 7 rarely a defense Insanity 0 Mental illness 0 M Naghten Test 7 criminal defendant is not responsible if at the time of the offense he she did not know the nature and quality of the act or did not know that the act was wrong 0 Irresistible Impulse Test 7 a person operating under an irresistible impulse may know an act is wrong but cannot refrain from doing it Mistake 0 People who claim that they honestly did not know that they were breaking a law may have a valid defense if 0 The law was not published or reasonably made known to the public Patterson 7 o The peole relied on an official statement of the law that was erroneous 0 Mistake ofFact V Mistake ofLaw Consent 0 Not a defense to most crimes Duress o Duress 7 the wrongful threat of one person induces another person to perform an act that he she would not otherwise have performed Justi able Use of Force Self Defense the defense of one s dwelling the defense of property prevention of a 0 crime 0 Deadly Force used in self defense only when the defender reasonably believes that imminent death or grievous bodily harm will otherwise result and has no other choice v Non Deadly Force amount used should seem necessary to protect themselves their dwelling property etc Necessity 0 Defense of necessity is justifiable if the harm or evil sought to be avoided by such conduct is greater than that sought to be prevented by the law defining offense charged Entrapment o Entrapment 7 defense designed to prevent police officers or government agents from enticing persons to commit crimes in order to later prosecute them for criminal acts 0 Undercover agent suggests that a crime be committed Statute of Limitations Immunity 0 Self incrimination o Plea Bargaining Criminal Procedures Patterson 8 The 43911 Amendment protection from unreasonable searches and seizures The 43911 Amendment requirement that no warrant for a search or an arrest be issued without probable cause The 5Lh Amendment requirement that no one be deprived of life liberty or property 0 without due process of law 0 The 5Lh Amendment prohibition against double jeopardy 7 trying someone twice for the same criminal offense 0 The 5Lh Amendment requirement that no person be required to be a witness against himself self incrimination o The 63911 Amendment guarantees of a speedy trial a trial by jury a public trial the right to confront witnesses and the right to a lawyer at various stages in some proceedings 0 The 8Lh Amendment prohibitions against excessive bail and fines and cruel and unusual punishment The Exclusionary Rule 0 Exclusionary Rule 7 all evidence obtained in violation of the constitutional rights spelled out in the 4m 5m and 6th amendments generally is not admissible at trial 0 Fruit of the Poisonous tree 0 Purpose of the Exclusionary Rule 7 deter police from making warrantless searches and from engaging in other misconduct o Exceptions to the Exclusionary Rule 7 would have been obtained inevitably good fait The Miranda Rule 0 Miranda V Arizona 0 Congress s Response to the Miranda Ruling 7 Congress tries to overrule Supreme Court upholds the decision 0 Exceptions to the Miranda Rule 7 Public safety exception Criminal Process 0 O Arrest 7 probably cause Indictment or Information 7 must be formally charged with having committed specific crimes before someone may be brought to trial 0 Grand Jury Indictment 7 a grand jury hears the state s evidence and determines whether a reasonable basis exists for believing a crime has been committed and that a trial ought to be held 0 Government Prosecutor Information less serious crime or criminal complaint Patterson 9 0 Trial 7 entire burden of proof is on the prosecutor Federal Sentencing Guidelines 0 Sentencing Reform Act 7 created the US Sentencing Commission which is charged with the task of standardizing sentences for federal crimes 0 Shift Away from Mandatory Sentencing 7 2005 Supreme Court held that certain provisions of the federal sentencing guidelines were unconstitutional 0 Increased Penalties for Certain Criminal Violations Cyber Crime 0 Computer Crime 7 any act that is directed against computers and computer parts that uses computers as instruments of crime or that involves computers and constitutes abuse 0 Cyber Crime Cyber Theft 0 Financial Crimes piracy of intellectual property via the internet 0 Identity Theft 7 the wrongdoer steals a form of identi cation and uses the information to access the victim s financial resources 0 Identity Theft and Assumption Deterrence Act 7 made identity theft a federal crime and directed the US Sentencing Commission to incorporate the crime into its sentencing guidelines 0 The Fair and Accurate Credit Transactions Act 7 gives victims of identity theft certain rights in working with creditors and credit bureaus to remove negative information from their credit reports 0 Identity Theft Penalty Enhancement Act 7 authorized more sever penalties in aggravated cases Hacking o Cyberterrorism 7 exploit logic bombs to shut down central computers 0 The Threat to Business Activities 7 wholesale theft of data computer monitoring to discover plans and transactions insert false codes or data Spam 0 Spamming 7 sending bulk unsolicited email
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