question

business law

answer

the enforceable rules of conduct that govern the actions of buyers and sellers in market exchanges

question

law

answer

rules of conduct in any organized society that are enforced by the governing authority of the community

question

private law

answer

law that involves suits between private individuals or groups

question

public law

answer

law that involves suits between private individuals or groups and their government

question

civil law

answer

the body of laws that govern the rights and responsibilities either between persons or between persons and their government

question

criminal law

answer

the body of laws that involve the rights and responsibilities an individual has with respect to the public as a whole

question

constitutional law

answer

the general limits and powers of a government as interpreted from its written constitution

question

statutory law

answer

the assortment of rules and regulations put forth by legislatures. a law that is formally written down and enforced.

question

model laws

answer

laws created to account for the variability of laws among states. these laws serve to standardize the otherwise different interstate laws. also called uniform laws

question

case law

answer

the collection of legal interpretations made by judges. they are considered to be law unless otherwise revoked by a statutory law. also known as common law

question

precedent

answer

a tool used by judges to make rulings on cases on the basis of key similarities to previous cases

question

stare decisis

answer

"standing by the decision" a principle stating that rulings made in higher courts are binding precedent for lower courts

question

administrative law

answer

the collection of rules and decisions made by administrative agencies to fill in particular details missing from constitutions and statutes

question

natural law

answer

a school of jurisprudence that recognizes the existence of higher law or law that is morally superior to human law

question

legal positivism

answer

when a law is made, obedience is expected because the authority created it

question

identification with the vulnerable

answer

society should be fair. particular attention is therefore paid to the poor, the ill and the elderly

question

historical school

answer

uses traditions as the model for future laws and behavior

question

legal realism

answer

holds that context must be considered as well as law. context includes factors such as economic conditions and social conditions

question

ethics

answer

the study and practice of decisions about what is good or right

question

business ethics

answer

the use of ethics and ethical principles to solve business dilemmas

question

social responsibility of business

answer

the expectations that a community places on the actions of firms inside the communities borders

question

WH approach

answer

a set of ethical guidelines that urges us to consider whom an action affects, the purpose of the action and how we view its morality

question

ethical guideline

answer

used by WPH. tool that helps determine whether an action is moral

question

stakeholders

answer

the groups of people affected by a firm's decisions

question

values

answer

positive abstractions that capture our sense of what is good and desirable

question

cost-benefit analysis

answer

tries to pursue efficiency. All costs and benefits of a law are given monetary values. Laws with higher benefit to cost are good.

question

treaty

answer

binding agreement between two states or international organizations. similar to a contract

question

Ethics

answer

Study and practice of decisions about what is good and right

question

business ethics

answer

the use of ethics to solve a business dilemma

question

ethical dilemma

answer

when there is no clear right answer for what a company/person should do

question

WH Approach

answer

sets of ethical guidelines that urges us to consider whom an action affects, the purpose of the action, and how we view it morally

question

social responsibility of business

answer

expectations the community imposes on a business that operates within its boarders

question

values

answer

positive attributions that capture what is good and desirable

question

Who

answer

what does the "W" stand for in the WH framework

question

stakeholders

answer

who are the customers, owners, investors, management, employees, community, of a business decision

question

How

answer

what does the "H" stand for in the WH framework

question

stakeholders

answer

what is the WHO part of the WH framework

question

stakeholders

answer

a group of people affected by a firm's decisions

question

the golden rule

answer

treat others the way you want to be treated

question

public disclosure test

answer

imagine that our actions are being broadcasted on national television

question

universalization test

answer

if my decision were to be duplicated over and over again would that make the world a better place?

question

Trial courts

answer

where most civil or criminal cases start when they first enter the legal system- parties present evidence and call witnesses to testify.

question

federal district courts

answer

Trial courts at the federal lever are called______

question

Courts of appellate jurisdiction

answer

have power to review previous judicial decisions to determine whether trial courts erred in their decision, they do not hold trials, they only review transcripts of trial court proceedings and sometimes hear additional oral or written arguments- only handle questions of law.

question

Questions of law

answer

an issue concerning the interpretation or application of law. i.e- whether first amendment protects students' rights to racial slurs is a question of law—can be tried at an appellate or trial court but CAN ONLY BE DECIDED BY JUDGES

question

Question of fact

answer

a question about an event or characteristic in the case. i.e- whether a white student yelled racial slurs on a college campus- TRIAL JUDGES DECIDE- a trial with no jury, the judge decides. But with a jury trial, the jury decides- BUT an appellate court can overrule this decision

question

In personam jurisdiction

answer

jurisdiction over person, court's power to render a decision affecting the rights of the specific persons before the court. Generally only extends to the state's borders- but at the federal level, each court's jurisdiction extends across its geographic district.

question

jurisdiction

answer

a courts power to hear a case and render decisions that bind the parties before them

question

Long arm statutes

answer

enable courts to serve defendants outside the state as long as the defendant has sufficient minimum contacts within the state. Every state has different definition of "minimum contact" but for most states committing a tort or doing business in the state is enough. ? Before state court could not require in personam jurisdiction over a defendant who was from another state, so defendants could evade legal action by leaving the state and remaining outside its borders.

question

In rem jurisdiction

answer

power of a court over the property or status of an out-of-state defendant when that property or status is within the court's jurisdiction. • If the defendant has property in a state, a plaintiff may file a suit against the defendant's property instead of over the owner—court has power to seize the property and sell it

question

Quasi in rem jurisdiction

answer

is a type of jurisdiction that is exercised by a court over an out-of-state defendant's property that is within the jurisdictional boundaries of the court. It applies against personal suits against the defendant in which the property is not the source of conflict but is sought as compensation by the plaintiff.

question

Plaintiff

answer

person or party who initiates a lawsuit before a court by filing a complaint with the clerk of the court against the defendant(s). also known as the claimant or complainant

question

Defendant

answer

person or party against whom a civil or criminal lawsuit his filed in a court of law

question

Complaint

answer

a formal written document that begins a civil lawsuit; contains the plaintiff's list of allegations against the defendant along with the damages the plaintiff seeks- only in a civil case, not criminal

question

Summons

answer

legal document issued by a court and addressed to a defendant that notifies him or her of the lawsuit and how and when to respond to the complaint. A summons may be used in both civil and criminal proceedings- a court order sent to the defendant that tells them all the logistics behind the lawsuit

question

Service of process

answer

The delivery of the complaint and summons to a defendant.

question

Subject-matter jurisdiction

answer

court's power to hear certain kinds of cases- determines which court may hear a particular case

question

Federal Court

answer

has exclusive jurisdiction over: admiralty cases, bankruptcy cases, federal criminal prosecutions, lawsuits in which one state sues another state, claims against the United States, patent and trademark and copyright cases.

question

State Courts

answer

have power to hear all cases not within the exclusive jurisdiction of the federal court system. _______ also have exclusive jurisdiction over certain cases concerning adoption and divorce.

question

Concurrent jurisdiction

answer

means that both federal and state courts have the power to hear the case. covers two types of cases: federal question and diversity-of-citizen cases

question

Diversity of citizenship

answer

case must satisfy to conditions: the plaintiff does not reside in the same state as the defendant AND controversy concerns an amount that exceeds 75k.

question

Venue

answer

is a matter of geographic location that each state's statues determine- usually trial court for the county the defendant resides in, trial court where the property resides in for a case involving property, or trial court where the dispute occurred for case involving a particular incident. Defendant can request a change of venue to the judge if it is difficult for them to get there or if the defendant thinks there will be bias at that court- judge must grant transfer

question

Federal and State

answer

the U.S. legal system has two parallel court structures called________

question

Federal Trial

answer

courts or courts of original jurisdiction are the U.S district courts- there are 94 districts • Each district has at least one trial court of general jurisdiction and they hear a wide variety of cases

question

Intermediate courts of appeal

answer

there are 12 circuits total. Each circuit hears appeals from the district courts in its geographic area and appeals from government administrative agencies

question

Court of last resort

answer

(Supreme court) the final appellate court in federal system, nine justices with lifetime appointments

question

State Courts

answer

no uniform structure exists because all states are diff, but most are close to federal

question

State court systems

answer

State court trials, intermediate courts of appeal, state supreme court

question

standing, case or controversy, and ripe

answer

Before case makes it to court, it must meet these three threshold requirements_________

question

standing

answer

? A person who has the legal right to bring an action in court has_______. For a person to have________ the outcome of a case must directly affect him or her. Plaintiff must have an injury in fact that is concrete and actual or imminent, the injury must be fairly traceable to the challenged action of the defendant, and it must be likely that the injury will be redressed by a favorable decision

question

case or controversy

answer

requirement ensures that courts do not render advisory opinions. The relationship between the plaintiff and the defendant must be adverse, actual or threatened actions of at least one of the parties must give arise to an actual legal dispute, and courts must have the ability to render a decision that will resolve the dispute

question

ripe

answer

if a judge's decision is capable of affecting the parties immediately, judge's decision must change the situation between the parties

question

Informal negotiations

answer

initial attempt to resolve a business dispute so case doesn't have to go through to save money and time. This informal negotiation pay involve attorneys

question

Pleadings

answer

plaintiff's attorney initiates a lawsuit by filing a complaint in the appropriate court. Complaint states both party's name, basis for the court's subject-matter jurisdiction, facts on which the plaintiff bases their claim, and the relief the plaintiff seeks.

question

service of process

answer

- occurs when a representative of the court serves a copy of the complaint and summons to the defendant

question

default judgement

answer

happens when the defendant fails to respond to the complaint

question

answer

the defendant's response to the complaint is

question

affirmative defense

answer

when his or her answer admits the facts contained in complaint are accurate but does not include facts that justify what the defendant did that denies any legal relief to the plaintiff.

question

motion to dismiss

answer

- a request by the defendant that asks the judge or a court in a civil case to dismiss the case because even if everything is true, plaintiff is not entitled to any legal relief- aka demurrer.

question

motion

answer

is a request by a party for the court to do something

question

counterclaim

answer

• If the defendant believes that he has a claim against the plaintiff, then they file a

question

motion for judgment on the pleadings

answer

request for the court to consider all the facts in the pleadings are true and to apply the law to those facts.

question

motion for summary judgment

answer

after the discovery process, motion asserts that no factual disputes exist and that if the judge applied the law to the undisputed facts, her only reasonable decision would be in favor of moving the party—moving party requires an affidavit, relevant documents, depositions or interrogatories to support the motion.

question

Discovery motion

answer

enables parties to learn about facts surrounding the case so that they are not surprised in the courtroom.

question

Pretrial conference

answer

an informal meeting of the judge with the attorney's presenting the parties- the parties narrow the legal and factual issues and try to work out a settlement.

question

voir dire

answer

During _____ the judge or attorney's interview potential jurors to make sure there won't be any bias.

question

prejudicial error

answer

, mistake so significant that it likely affected the outcome of the case, must occur for the final decision to be eligible for appeal.

question

Alternative dispute resolutions

answer

method to resolve legal problems through methods other than litigation, such as negotiation, mediation, arbitration, summary jury trials, minitrials, neutral case evaluations, and private trials .—generally faster and cheaper! They also give the participants more control over the resolution of the dispute by selecting a neutral third party that has expertise. CONFIDENTIAL

question

Negotiation

answer

bargaining process in which disputing parties interact informally, with or w/0 lawyers, to attempt to resolve their dispute. They maintain high levels of autonomy

question

Mediation

answer

- disputing parties select a neutral party to help facilitate communication and suggest ways for the parties to solve their disputes. They VOLUNTARILY select the third party, involved multiple parties to participate in the dispute, provides several alternatives, agreement is usually put in form of a contract

question

Arbitration

answer

the resolution of a dispute by a neutral third party outside the judicial setting. They are contractual agreements to arbitrate any disputes. The arbitration hearing is similar to a trial because both parties present their witnesses and documentations

question

Administrative law

answer

consists of the substantive and procedural rules created by administrative agencies that involve, applications, licenses, permits, available information, hearings, appeals, and decision making

question

Administrative agency

answer

body created by the legislative branch to carry out specific duties.

question

legislative, judicial, and executive

answer

Agencies have 3 types of power:

question

Interstate commerce commission

answer

was the first administrative agency created by congress to regulate railroads.

question

administrative agency

answer

• When congress sees a problem that it believes need regulation, it may create an__________ to deal with that problem- create an agency that is staffed with people who have expertise in the area of the agency so they can figure out what types of regulations are necessary to protect the citizens in that area.

question

enabling legislation

answer

• Congress creates the agencies through passage of _____________, which is a statue that specifies the name, functions, and specific powers of the administrative agency

question

Procedural rules

answer

are rules regarding the internal operations of an administrative agency

question

interpretive rules

answer

rules that explain how the agency views the meaning of the statues for which the agency has administrative responsibility

question

Legislative rules

answer

are policy expressions that have the effect of law

question

subpoena

answer

order to appear at a particular time and place to provide testimony

question

subpoena duces tecum

answer

an order to appear and bring specified documents, to corporations for investigation

question

administrative law judge

answer

judge who presides over an administrative hearing to attempt to get the parties to settle via a consent order

question

consent order

answer

statement in which a company agrees to stop disputed behavior but does not admit that it broke the law

question

Executive agency

answer

typically located within the executive branch, under one of the cabinet-level departments. Agency head is appointed by the president with the advice and consent of the senate.

question

Executive agency

answer

Tend to have responsibility for making rules covering broad spectrum of industries and activities

question

Independent agency

answer

governed by a board of commissioners, one of whom is the chair. The president appoints the commissioners of independent agencies with the advice and consent of the senate, but commissioners have fixed terms and cannot be removed without cause

question

Independent agency

answer

Focus more on economic regulation

question

Hybrid agencies

answer

has both characteristics of both executive and independent agencies

question

Administrative Procedures Act

answer

federal legislation that places limitations on how agencies are run and contains very specific guidelines on rule making agencies.

question

Informal rule-making

answer

type of rule making in which an agency publishes a proposed rule in the federal register, considers public comments, and then publishes the final rule.

question

federal register

answer

a gov't publication in which an agency publishes each proposed rule, along with an explanation of the legal authority for issuing the rule and description of how the public can participate in the rule-making process, and later publishes the final rule. The agency may decide to alter the rule after hearing other party's comments.

question

Formal rule-making

answer

required when enabling statute or other legislation mandates all regulations or rules to be enacted by an agency as part of a formal hearing process that includes a complete transcript • First step- publication in the federal register of a notice of proposed rule-making by the agency • Second step- public hearing which witnesses give testimony on the pros and cons of the proposed rule and are subject to cross-examination. The hearing is kept on record and the agency makes and publishes findings • Third step- if regulation is adopted, the final rule is published in the final register.

question

Hybrid rule-making

answer

attempt to combine the best features of both formal and informal rule-making. • Starting point at the federal register is the same. • Publication is followed by the opportunity for submission of written comments • Then there's is an informal public hearing with a more restricted opportunity for cross-examination than in formal rule making.

question

Exempted rule-making

answer

APA contains an exemption rule making that allows an agency to decide whether publication participation will be allowed. Exemptions include rule-making proceedings regarding to military or foreign affairs, agency management or personnel, and public property, loans, grants, benefits, or contracts of an agency.

question

Interpretive rules

answer

rules that do not create any new rights or duties but merely state the agency's interpretation of an existing law. They are detailed, step-by-step statements of what actions a party is to take to be considered in compliance with an existing law

question

Freedom of information act

answer

requires federal agencies to publish in the federal register places where the public can get information for the agencies. Any individual or business may make a FOIA request to a federal agency for information on how the agency gets and spends its money, statistics and/or information collected by the agency on a given topic

question

Government in sunshine act

answer

requires agency business meetings to be open to the public if the agency is headed by a collegiate body and also requires agencies to keep records of those closed meetings

question

Privacy act

answer

a federal agency may not disclose information about an individual to other agencies or organizations without that individuals written consent.

question

limits on agency powers

answer

-president can remove and appoint agency heads at any point for any reason. -Congress also has a lot of control over agencies because the senate must approve presidential nominees for them to become the administrative heads of agencies. -Congress is also in charge of budgets for all agencies and decides that a particular agency is not performing as it wishes so its budget may be cut or defunded.

question

the US Constitution

answer

Sets forth a framework of our nation's government, establishes a system of government that divides power between federal and states government.

question

federalism

answer

The constitution establishes a system of government based on the principle of ___________

question

federalism

answer

power is divided between central authority and constituent political units.

question

10th amendment

answer

says that powers that are not exclusively given to the federal government are reserved for the states—fed only has powers granted by the constitution

question

constitution

answer

__________ grants powers to the 3 branches of government- ensures that each branch maintains separate spheres of power to prevent any one branch from obtaining undue power and monopolizing power over the rest of the government

question

Judicial review

answer

power of a court to review legislative and executive actions, such as a law or a an official act of government employee or agent, to determine whether they are constitutional and allows courts to review the constitutionality of lower court's decisions

question

supremacy clause

answer

says that the constitution, laws, and treaties of the U.S constitution are the supreme law of the land. Any state or local law that directly conflicts with the constitution is void. These fed laws include laws passed by administrative agencies!

question

Federal preemption

answer

principle asserting the supremacy of federal legislation over state legislation when both pertain to same matter.

question

commerce clause

answer

article 1 section 8 states U.S congress has the power to "regulate Commerce with foreign nations, and among the several states, and with Indian tribes"— empowers fed gov't and restricts the state gov't ? as long as it affects commerce among the states, or interstate commerce the fed gov't can constitutionally regulate it

question

police power

answer

residual powers retained by each state to safeguard the health and welfare of its citizenry. i.e- criminal laws, building codes, zoning laws, sanitation standards for restaurants, etc.

question

Dormant commerce clause

answer

restriction on state's authority to pass laws that substantially affect interstate commerce

question

concurrent authority

answer

when a state has __________ over a power with the federal government they can pass laws that are in compliance with the federal laws

question

article 1 section 8

answer

federal government has the power to lay taxes, duties, imports, and excises

question

congress

answer

taxes implemented by ________ must be uniform across all states, all states must be taxed the same

question

Privileges and immunities clause

answer

Article 4, Section2: Prohibits states from discriminating against citizens of other states when those nonresidents engage in ordinary and essential activities. i.e- buying and selling property, seeking employment, using court system

question

Full faith and credit clause

answer

Article 4, Section 1- Requires courts in all state to uphold contracts and public acts established in other states. Protects wills, marriage and divorce decrees, etc.

question

Contract clause

answer

Article 1 Section 9- Gov't may not pass unreasonable laws that interfere with an existing private contract.

question

bill of rights

answer

first 10 amendments to the constitution

question

bill of rights

answer

prohibits government from infringing on citizen's individual rights

question

freedom of speech and religion

answer

first amendment

question

freedom of speech and assembly

answer

prohibits abridgment of the rights to assemble peacefully and to petition the government for redress of grievances and from aiding the establishment of religion and interfering with the free exercise of religion. They are not absolute- there are exceptions

question

Political Speech

answer

speech that is used to support political candidates or referenda (for people and corporations)

question

Commercial Speech

answer

speech that conveys information related to the sale of goods and services

question

unprotected speech

answer

the first amendment does not protect defamation (speech that harms reputation of another person), obscenity (extremely vulgar and inappropriate), fighting words (hate speech, derogatory speech)

question

freedom of religion

answer

second clause in the first amendment

question

establishment clause

answer

gov't may not make no law respecting an establishment of religion- they must remain neutral

question

free exercise clause

answer

gov't cannot make a law prohibiting free exercise of religion

question

fourth amendment

answer

Freedom from unreasonable searches and seizures- citizens are secure in their homes and personal property

question

search warrant

answer

Government must first obtain a _____________ (a court order) in order for the search to be reasonable and need probable cause to believe that the search will uncover evidence of criminal activity. Sometimes officers don't need a warrant if they think the evidence will be removed

question

pervasive regulation exception

answer

if an industry has a long history of pervasive regulation, a warrantless search is not unreasonable

question

fifth amendment

answer

protects against self-incrimination and double jeopardy

question

due process

answer

gov't cannot deprive a person of life, liberty or property without ________ of law

question

procedural due process

answer

gov't must use fair procedures when taking the life, liberty, or property of an individual or corporation

question

substantive due process

answer

basic fairness of laws that may deprive an individual of her life, liberty, or property- gov't must have proper purpose for enacting laws that restrict people of these liberties.

question

takings clause

answer

when gov't takes property for public use, it must pay the owner just compensation or fair market value for their property.

question

ninth amendment

answer

right to privacy clause

question

fourteenth amendment

answer

equal protection of the laws to any citizen

question

equal protection clause

answer

prevents states from denying equal protection of the laws to any citizens- combats discrimination. Courts determine if it is violated by looking at: strict scrutiny, intermediate scrutiny, and the rational-basis test

question

strict scrutiny

answer

if law prevents individuals from exercising a fundamental right, or if law's classification schemes involves suspect classifications. Suspect classifications include classifications based on race, national origin, and citizenship

question

intermediate scrutiny

answer

if law's classification scheme is based on gender or the legitimacy of children

question

rational basis test

answer

classification scheme involves other matters—is there any justifiable reason to believe the classification scheme advances a legitimate gov't interest?

question

government

answer

______ files the charge against the criminal defendant

question

Actus reus

answer

wrongful behavior, guilty act. To prove this the gov't must establish the nonmental elements of crime by demonstrating that a prohibited act or consequence resulted because of the behavior of the defendant.

question

Mens rea

answer

wrongful state of mind, guilty mind. Defendant acted with a state of mind required by the law defining the relevant offense. State of mind may be purposeful, knowing, reckless, or negligent

question

guilty

answer

to be considered________ the court must prove guilty act and guilty mind

question

liability without fault (strict liability)

answer

When liability is assessed without the guilty mind-criterion it is known as __________. Actions that are deemed illegal regardless of the state of mind

question

3

answer

crimes are divided into ___ categories

question

felonies, misdemeanors, petty crime

answer

categories of crimes

question

felonies

answer

very serious crimes like murder that are punishable by imprisonment for more than one year or by death

question

misdemeanors

answer

less serious crimes punishable by fines and/or imprisonment for less than 1 yr

question

petty crimes

answer

minor misdemeanors and are usually punishable by jail sentence of less than six months or a small fine

question

white collar crime

answer

variety of nonviolent illegal acts against society that occur most frequently in the business context.

question

jail time, community service, unemployment, house arrest

answer

punishment for white collar crime

question

bribery, extortion, fraud, embezzlement, computer crimes

answer

types of white collar crime

question

bribery

answer

offering, giving, soliciting, or receiving money or any object of value for the purpose of influencing judgment or conduct of a person in a position of trust.

question

commercial bribery

answer

bribe in exchange for new information or payoffs.

question

bribery of foreign officials

answer

bribery to influence an official act or decision to influence foreign gov't

question

extortion

answer

blackmail, making threats for the purpose of obtaining money or property.

question

fraud

answer

individual intentionally uses some sort of misrepresentation to gain an advantage over another person. Requires 3 elements: 1. Material false representation made with intent to deceive 2. Victim's reasonable reliance on the false representation and 3. Damages. Examples of fraud are credit card fraud, insurance fraud, and securities fraud.

question

insider trading

answer

a person's buying or selling of security by corporate insiders, such as officers and directors, in breach of a fiduciary duty or some other relationship of trust and confidence

question

false pretense

answer

designed misrepresentation of existing facts or conditions by which a person obtains another's money or goods such as writing a worthless check

question

forgery

answer

fraudulent making or altering of any type of writing in a way that changes the legal rights and liabilities of another.

question

Defalcation

answer

misappropriation of trust funds or money held in a fiduciary capacity

question

false entries

answer

making of an entry into the books of a bank or corporation that is designed to represent the existence of funds that do not exist

question

false token

answer

false documentation or sign of existence used to perpetuate a fraud, such as making counterfeit money

question

Fraudulent concealment

answer

suppression of material fact that person is legally bound to disclose

question

Pretexting

answer

obtaining info about someone's phone use

question

Embezzlement

answer

wrongful conversion of another's property by one who is lawfully in possession of that property. i.e- employee stealing money

question

Hacker

answer

an outsider who illegally accesses or enters another person's or company's computer to obtain info or steal money

question

Cyber terrorist

answer

hacker with intention of exploiting a target computer or network to create serious impact

question

Virus

answer

computer program that rearranges, destroys, or replaces computer data- companies install virus protectors but they only protect from existing viruses and are useless against new ones.

question

corporate criminal liability

answer

? For a company to be liable for the acts of an employee, prosecutor must how 1. Employee was acting within scope of his or her employment 2. Employee was doing it with purpose of benefitting corporation and 3. Act was imputed to the corporation

question

Vicarious liability

answer

liability imposed on one person for the acts of another

question

persecutor

answer

during a criminal procedure the government is called the ______ not the plaintiff

question

miranda rights

answer

rights that are read to an arrested individual by a law enforcement agent before the individual is questioned about the commission of a crime

question

booking

answer

procedure during which the defendant and the alleged crime are recorded in the investigating agency's or police department's records

question

first appearance

answer

appearance before a magistrate who determines whether there was probable cause for the arrest.

question

minor

answer

If they defendant committed______ offense and pleads guilty, magistrate sentences the individual. But if the defendant claims innocent, the magistrate makes sure they have a lawyer and sets bail

question

bail

answer

is the amount of money defendants pay to the court on release from custody as security that they will return for trial

question

information

answer

a formal accusation stating the facts and specifying the violation of criminal law

question

indictment

answer

written accusation of the crime allegedly committed by the defendant. Grand jury only decides whether there is enough info to try the defendant

question

arraignment

answer

when the defendants pleads guilty or not guilty

question

nolo contendere

answer

defendant does not admit to be guilty but agrees to contest charges

question

petit jury

answer

If the defendant pleads not guilty, the case will be heard by a

question

plea bargain

answer

agreement in which the prosecutor agrees to reduce charges, drop charges, or recommend a certain sentence if defendant pleads guilty

question

bench trial

answer

only the judge makes a decision

question

Burden of evidence

answer

prosecutor must provide tangible evidence and testimony that prove the elements of crime that the defendant allegedly committed

question

Burden of persuasion

answer

prosecutor must persuade the jury beyond reasonable doubt that the defendant committed the crime

question

RICO

answer

prohibits persons employed by or associated with an enterprise from engaging in a pattern of racketeering activity. Anyone who's business or property has been damaged by this pattern of activity can sue under RICO to recover the treble damages and attorney feels in a civil action

question

False claims act

answer

allows employees to sue employers on behalf of the federal government for fraud against the government. The employee retains a share of the recovery as reward for his or her efforts

question

true

answer

In a criminal case, the defendant's liberty is the key thing at stake; in contrast, in a civil case the defendant's money is at stake.

question

property crimes

answer

burglary, robbery, arson, and larceny

question

Robbery

answer

as the forceful and unlawful taking of personal property.

question

theft

answer

is robbery without the violence. Someone who steals your wallet undetected while you are walking down the street has committed_______

question

Burglary

answer

occurs when someone unlawfully enters a building with the intent to commit a felony. Breaking and entering

question

Larceny

answer

is the secretive and wrongful taking and carrying away of the personal property of another with the intent to permanently deprive the rightful owner of its use or possession. Ex: when an employee takes office supplies

question

Duress

answer

occurs when someone is threatened with immediate bodily harm or loss of life unless he or she commits a crime.

question

Duress

answer

occurs when someone is threatened with immediate bodily harm or loss of life unless he or she commits a crime.

Business and Law Flashcards

Unlock all answers in this set

Haven't found what you were looking for?

Search for samples, answers to your questions and flashcards