Study Guide Essay Example

trials, evidence beyond a reasonable doubt is required, while civil trials have lower standards. Accused individuals facing potential prison sentences of six months or more are entitled to a jury trial. Felonies carry minimum one-year prison terms, while misdemeanors usually result in less than a year in county jail. Furthermore, if forced to commit an offense, defendants cannot be held accountable.

In summary, proving coercion can constitute duress for a defendant when committing a crime. Government entrapment happens when the defendant is induced to break the law only if they already had a propensity to commit that offense. Moreover, according to the 4th Amendment, government agencies cannot perform illegal searches or seizures on individuals or entities such as corporations or partnerships. To conduct legal searches, a written warrant must be obtained from an impartial party like a judge or magistrate and clearly identify both the location and items being searched for with reasonable certainty. Violations occur when there is no probable cause for suspicion or when either the place or items to be seized are not specifically stated in the warrant.

Searches without a warrant may be justified by various circumstances such as Plainview Stop and Frisk, emergencies, lawful arrest, consent, or lack of expectation of privacy. However, evidence obtained through forced confession is not admissible in court due to the exclusionary rule. The 5th Amendment protects both innocent and guilty defendants from self-incrimination by the government while due process requires fairness throughout all stages of the case. Evidence that would have been discovered legally can still be used under the inevitable discovery doctrine. A search conducted based on a warrant believed to be valid

by the police can also be considered legal under the good faith exception. Miranda rights protect suspects from being coerced into incriminating themselves following an arrest.

The process of indictment formally charges a defendant with committing a crime and requires them to stand trial. A Grand Jury, consisting of ordinary citizens, determines whether there is probable cause that the defendant committed the charged crime. During arraignment, a clerk reads out the formal charges listed in the indictment. Both prosecution and defense engage in discovery to prepare their most effective cases. If reduced charges are recommended by prosecution, judges may impose relatively lenient sentences. Defendants have access to trial and appeals; however, Double Jeopardy prohibits prosecuting them more than once for a particular criminal offense while punishment must comply with 8th amendment prohibiting cruel and unusual punishment.

Larceny involves taking personal property without permission while fraud involves purposely deceiving another person to obtain money or property from them using deception techniques such as wire fraud or mail fraud which use technology-based approaches for deceitful purposes. Theft of honest services makes it illegal for public or private sector employees to receive bribes or kickbacks while insurance fraud involves falsifying accidents for payment purpose.

Arson refers to intentionally damaging real estate or personal property using fire or explosives whereas embezzlement occurs when someone dishonestly converts already possessed property into fraudulent means.

Her actions are going beyond her authorized responsibilities of signing checks, which violates the Rich: Racketeer Influence and Corrupt Organizations Act. This federal law holds companies accountable if their agents commit criminal acts within the scope of their employment to benefit the corporation. Originally created to combat organized crime, this

statute has been applied in various criminal prosecutions and civil lawsuits. The legislation prohibits using racketeering to invest in lawful businesses with illegal funds, conducting unlawful activities through legitimate businesses, and gaining ownership or control over enterprises by committing offenses such as embezzlement, arson, mail fraud, wire fraud, among others.

Money laundering involves using illegal profits to conceal the source of money or support criminal activities. To prevent criminal activity within companies, compliance programs are implemented in accordance with Federal sentencing guidelines that provide rules for judges when sentencing federal court defendants. These programs aim to detect and prevent criminal behavior at all levels of the company, must be reasonable, and capable of reducing the likelihood of criminal conduct. The responsibility for overseeing the program lies with specific high-level officers who cannot engage in illegal conduct. Effective communication and monitoring ensure compliance among employees and agents while promptly disciplining any lawbreakers. Chapter 9-11 outlines elements required for a contract starting with an offer made by a person or company that requires acceptance and consideration necessary for a fair exchange between parties.

The parties entering into a contract must be mentally competent adults who freely and willingly give their consent without coercion or deceit. Although verbal agreements can be legally binding, written contracts are recommended. Meeting all the requirements of a contract results in fulfilling one's duties. If there is a breach of contract, monetary compensation or other relief may be awarded by a court. Bilateral contracts involve promises exchanged between both parties while Unilateral contracts require one party to act before the other accepts. Executors refer to agreements where some parties still have unfulfilled obligations, whereas

Executed contracts involve all parties fulfilling their responsibilities.

A Valid contract meets legal requirements; however, an Unenforceable agreement cannot be upheld because of legal issues determined by the court. An Avoidable contract can be terminated by either party while a Void agreement lacks legality or legal authority and cannot be enforced.

An Express Contract states all important terms explicitly while an Implied Contract is inferred from the conduct and words used by both parties involved in the agreement. In cases with no valid contract, Promissory Estoppels and Quasi Contracts could serve as remedies for an injured plaintiff based on factors such as reasonable reliance and unjust enrichment.

For instance, Novak underwent brain surgery that necessitated his hospitalization for two months.

Although the contract was valid despite the lack of consent, the individual remained in their position for several months. In cases of quasi-contracts, damages awarded are determined by "as much as he deserves" or quantum merit. A contract can be established when an act or statement outlining specific terms is proposed and accepted by the other party, or declined. The person making the proposal is known as the "offeror," while the recipient of said offer is referred to as the "offeree." During negotiations, a letter of intent may be used to summarize agreements made. If an offeror takes back their proposal before it has been accepted, this is considered revocation. Similarly, if an offeree responds with a different proposal than what was offered initially, this results in a counteroffer and rejection. Finally, if there is a specified time limit for accepting an offer, it will expire upon reaching that deadline.

If there is no specified time limit for

an offer, the recipient has a reasonable amount of time to respond. For a valid contract, both parties must receive something that has measurable value. The Mirror Image Rule requires that the acceptance be on precisely the same terms as the offer. The Statue of Frauds applies in various situations such as models, marriage, debt of another person, executor of an estate, sale of land and goods costing over $500. Non-compete clauses are included in employment contracts to discourage certain actions. The Exculpatory Clause releases a party from liability if harm occurs. Even if one party has more bargaining power than another it does not matter under contract law. The Parole Evidence rule prevents either party from suing based on evidence if they have an ongoing integrated contract unless it contradicts or alters the document. A Liquidated Damages Clause specifies how much a party should pay in advance if they breach the contract (as long as it is reasonable and not considered a penalty). Chapter 21 discusses Securities Regulation with emphasis on the Securities and Exchange Commission (SEC).

To comply with securities laws, proposed changes to rules should be communicated. No-action letters can be requested if individuals are uncertain about potential SEC rule violations. Consequences for violating securities laws include fines or confiscation of profits through Cease and Desist measures. A security is a transaction where buyers invest money in common enterprises and earn profits from the efforts of others. The Securities Act of 1933 requires registration with the SEC before selling securities, unless exempted. Quality investigations do not occur when securities are registered. Exempt securities consist of government securities granted by federal or state

entities, bank securities, short-term notes due within nine months of issuance, non-profit issues from religious or educational organizations as well as insurance policies and annuity contracts regulated by insurance laws. Accredited investors under Regulation D include institutions like banks and insurance companies along with wealthy individuals.

Rule 504 (Seed Capital) states that a company can either sell up to $1 million in restricted stock privately in a 12 month period, non-restricted stock with public ads if it is properly registered under state law, or non-restricted stock with public ads which are exempt. Under Rule 505 (Restrictions), a company may sell up to $5 million in stock with the following extractions: Sell to an unlimited number of accredited investors, but only 35 unaccredited investors. They may not advertise stock publicly and must disclose the balance sheet to unaccredited investors. Stock purchased under this rule is restricted. Rule 506 allows a company to sell an unlimited amount of stock with certain restrictions. It may sell to an unlimited number of accredited investors, but only 35 unaccredited investors. If it sells to unaccredited investors, it cannot advertise publicly.

Thanks to the JOBS Act, Regulation A now allows privately held companies to sell up to $1 million in securities within a year, which is a significant increase from the previous limit of $50 million over a 12-month period. To comply with SEC regulations and investment restrictions, investors who have an income or net worth of $100,000 are allowed to invest no more than 10% of their income or $100,000. Accredited investors are not subject to any purchasing limitations and can be targeted through public advertising as long as sales

remain limited to them. However, unaccredited buyers face constraints when buying stocks and may require the assistance of a purchaser representative if they are deemed unsophisticated. Companies must use an authorized intermediary when selling securities.

To optimize a Direct Public Offering (DPO), advertising of the offering and investment advice should be avoided, as well as payments to sell securities. To reduce the risk of fraud, steps should be taken. Shareholders who purchase stock are cautioned to hold onto them for at least a year. DPOs can be cheaper and faster than regular public offerings, while serving as a strong marketing tool that provides an easy and inexpensive way to reach investors. Shareholders tend to become more loyal customers. However, there is a limit to how much a company can raise, and company officers may not have as much expertise about the securities markets. Each investor must receive written information about the company. A Public Offering involves a company raising significant amounts of capital from many people through an Initial Public Offering (IPO) or Secondary Offering. This is achieved through underwriting, where the underwriter purchases stock from the issuer and sells it to the public. A Registration Statement is required for this process.

To notify the SEC of an impending sale of securities and provide information to prospective researchers, a Prospectus is necessary. This document includes vital disclosures about the company. While a sales effort can be made to solicit offers, actual sales cannot occur until the registration statement undergoes a comment letter process, known as Going Effective, which outlines necessary changes. Once these changes have been made, the registration can proceed with sales. In Chapter

25, the nature of real property is discussed. This includes land, which is considered the most important and common form of real property. Anything underground or in air space is also encompassed in this category. Additionally, real property includes buildings such as houses, office buildings, apartment complexes and factories. Plantlife growing on real property is automatically included in the sale and fixtures like furnaces and heating ducts that cannot be moved also fall under this category.

Ownership of a property may involve fixtures, fee simple absolute, concurrent estates, tenancy in common with no right of survivorship, partition by kind or division among co-tenants. Joint tenancy allows for equal interest and right to survivorship between two or more individuals. Tenancy by entirety applies to married couples who own an entire property jointly with right to survivorship. Easements grant rights to enter land and take something from it while licenses provide temporary entry rights. Mortgages allow mortgagors to obtain loans using their properties as security interests. Nuisance regulations refer to unprivileged interferences with ownership that homeowners must eliminate at the order of appropriate entities through abatement. Zoning laws permit local regulation of building and land use under state jurisdiction while eminent domain allows the government's acquisition of private properties for public use. Landlord-tenant laws govern temporary occupancy on a freehold estate owned by another person.

Different types of tenancies can exist under lease agreements, which involve an owner allowing a tenant to use their property. On the other hand, reversion refers to the transfer of ownership rights from a life tenant back to the owner or their heirs after death.

Various forms of tenancies exist, including tenancy for years,

periodic tenancy, tenancy at will, and tenancy at sufferance. The landlord's primary obligation is to provide possession of the property while tenants have the right to peaceful enjoyment. Eviction may occur through actual or constructive means. Additionally, landlords must maintain habitable premises and establish lease terms dictating tenant behavior such as prohibiting property damage. Liability for damages depends on whether it was caused by the tenant or landlord. There are different types of estates in property ownership: freehold, fee simple absolute, fee simple defeasible, and life estate.

The United States' Employment and Labor Law Chapter 17 delves into the various aspects of employee rights. For instance, employees who are at will can be terminated for any reason except under specific legal exceptions. The Family and Medical Leave Act (FEM) permits both men and women to take a maximum of twelve weeks unpaid leave yearly for childbirth, adoption, or serious health conditions concerning themselves or their immediate family. According to this law, ex-employees must get permission to continue their health insurance coverage for up to eighteen months post-job termination. Employers are not allowed to terminate workers based on violations regarding basic social duties, responsibilities, and rights. Additionally, employers must comply with various legal obligations such as wrongful discharge and public policy rules that prohibit firing employees for specific reasons. Workers who refuse to engage in illegal activities cannot be fired; furthermore, employers may not dismiss an employee exercising a lawful right supporting public policy. During the hiring process, contract law applies to ensure that verbal promises made by employers are legally enforceable. Furthermore, employee handbooks establish a binding agreement between employers and employees.Tort law covers topics

like defamation and qualified privilege which hold employers liable for false statements made about former employees during references if they were known to be untrue or motivated by ill will.

Employers are not required to give details about former employees except when there is a possible safety risk. If employers allow mistreatment of employees, they may be held responsible for intentional infliction of emotional distress. However, those who report illegal employer actions are safeguarded by laws. Off-duty conduct that goes against particular regulations or company policies can lead to employee termination and home inspections do not guarantee privacy. Nevertheless, California's lifestyle laws enable workers to participate in lawful activities or products outside work hours without facing consequences from their employers. Lastly, electronic surveillance is permitted in the workplace.

The Electronic Communication Privacy Act of 1986 allows employers to monitor their employees' phone calls and email messages, as long as it is part of normal business operations and the employee agrees. Employers have permission to supervise emails if they provide the email system. The Fair Labor Standards Act enforces minimum wage requirements, prohibits child labor, while workers' compensation regulations ensure payment for job-related injuries. Social Security provides benefits to retired or disabled employees, those who are temporarily unemployed, and spouses and children of deceased or incapacitated personnel. A Collective Bargaining Agreement (CAB) is a contract between management and a union on employment matters where both parties negotiate in good faith principles.The NLRA offers benefits to union members for negotiations and forbids strikes during CBA while employers are permitted to enlist replacement workers, yet cannot discriminate against those who strike. If there is an unfair labor practice, union members

may regain their job even if they were replaced. Title VII of the Civil Rights Act prohibits employment discrimination due to protected characteristics such as sex, race, color, religion or national origin. Disparate treatment occurs intentionally resulting in negative employment consequences; plaintiffs must provide prima facie evidence and defendants must give legitimate explanations for their actions. Disparate impact arises when unbiased policies lead to discriminatory effects; plaintiffs establish prima facie cases before defendants present business justifications with the burden shifting back onto them to prove that the policy was necessary or less discriminatory alternatives exist.