Classification of Crimes and Related Legal Concepts, Quizzes of Finance

Download Classification of Crimes and Related Legal Concepts and more Quizzes Finance in PDF only on Docsity! TERM 1 Classification of Crimes DEFINITION 1 1. Felonies2. Misdemeanors TERM 2 Felonies DEFINITION 2 Crime punishable by more than one year in prision TERM 3 Misdemeanors DEFINITION 3 Crime punishable by 1 year or less in county jail TERM 4 Criminal Liability (Elements) DEFINITION 4 1. Actus Reus2. Mens Rea TERM 5 Actus Reus DEFINITION 5 The act necessaryEx. Residential Burglary1. Enter the dwelling place of another (Actus Reus) TERM 6 Mens Rea DEFINITION 6 The mental stateEx. Killing someone-murder (intent of kill)- accident- Self-Defense, insanity, crime of passion TERM 7 Types of Crimes DEFINITION 7 1. Violent Crime2. Property Crime3. White-Collar Crime TERM 8 Violent Crime DEFINITION 8 Crimes against people or animals TERM 9 Property Crime (Types) DEFINITION 9 1. Burglary2. Larceny (Theft)3. Deceptive Practices4. Forgery TERM 10 Burglary DEFINITION 10 Similar to resident burglary except not a dwellingex. Teachers office TERM 21 Insanity DEFINITION 21 IL proof= as a result of a mental disease or defect and lack the capacity to appreciate the criminality of your conduct TERM 22 Justifiable use of Force DEFINITION 22 A person can use reasonable force to defend himself, others or property TERM 23 Entrapment DEFINITION 23 When the police pressure you intocommittinga crime that you would not have otherwiseProve 1: Idea started with the policeProve 2: Police pressure on youProve 3: Not prediposed (likely to do it anyway) TERM 24 Statute of Limitations DEFINITION 24 How much time the state has to charge you with a crime TERM 25 Immunity DEFINITION 25 The stat can give you immunity (promise not to charge you with a crime but you can be forced to testify) TERM 26 Constitutional Safeguards and Criminal Procedures DEFINITION 26 1. Fourth Amendment2. Fifth Amendment TERM 27 Fourth Amendment Protections DEFINITION 27 1. Protection from unreasonable searches and seizures2. Exclusionary Rule3. Search Warrants and Probable Cause4. Exceptions to the Search warrant requirements TERM 28 Exclusionary Rule DEFINITION 28 When the police obtained evidence illegally, the evidence can't be used in court-Purpose- Deter police misconduct- to exclude the evidence, a motion to suppress is filled TERM 29 Search Warrants and Probable Cause DEFINITION 29 Normally a search requires a search warrant based on probable cause (reasonable suspicion) TERM 30 Exceptions to the Search Warrant Requirement DEFINITION 30 1. Plain View2. Consent3. Border Searches4. Airports5. Roadblocks (for DUI's)6. Hot Pursuit7. High school drug searches TERM 31 Fifth Amendment Protections DEFINITION 31 1. Due Process2. Self-Incrimination TERM 32 Due Process DEFINITION 32 Fair procedures TERM 33 Self-Incrimination DEFINITION 33 (MIRANDA RIGHTS)Rule: when a person suspected of a crime is in custody. He/she must be informed of the Miranda rights prior to questioning. The statements can't be used in court (motion to suppress) TERM 34 Tort Law DEFINITION 34 Private wrong (Plaintiff v. Defendant)Purpose1. Provides a remedy for those who are injured2. Teaching us how to act TERM 35 Types of Torts based on mental state of the defendant DEFINITION 35 1. Intentional torts against persons2. Intentional torts against property3. Unintentional Torts (Negligence) TERM 46 Trespass to personal property DEFINITION 46 Unlawful taking of property without intent to steal (Joy riding) TERM 47 Conversion DEFINITION 47 Theft TERM 48 Unintentional Torts (Negligence) DEFINITION 48 You act negligently when you fail to use the degree of care of a reasonable personElements1. Duty-2. Breach- Act unreasonably3. Injury4. CausationDefenses to Negligence- (Plaintiff will get no or less money)Special Negligence Doctrines and Statutes TERM 49 Unintentional Torts (Negligence) Elements DEFINITION 49 1. Duty- Human action required by law (act reasonably) 1. Trespasser-duty only to not cause intentional harm(gun in bedroom case) 2. License- (Party, ballgame) duty to warn of known defects 3. Business invitee (Shopper)- duty to seek out and fix defects2. Breach- act unreasonably3. Injury4. Causation- proximate cause def: the injury must be a reasonably foreseeable consequence TERM 50 Defenses to Negligences DEFINITION 50 1. Assumption of Risk- Voluntarily assuming a known riskEx. Skydive/ bungee/ Hit by baseball2. Contributory Negligence- In states that use this the plaintiff must be without fault or no recovery ($)3. Comparative Negligence- Plaintiff's recovery ($) is reduced by percentage of plaintiff's faultEx. Mickey D's $200,000 comp. 20% at fault ends with $160,000 TERM 51 Good Samaritan Statues DEFINITION 51 If a medical person acts as a good samaritan (helps someone) they are only reliable if they are reckless (negligence wont get doctor sued) TERM 52 Contract DEFINITION 52 A promise or a set of promises that will be enforces by a court TERM 53 Types of Contracts DEFINITION 53 1. Bilateral2. Unilateral3. Express4. Implied-in-fact5. Implied in law (Quasi)6. Valid7. Void8. Voidable9. Unenforceable TERM 54 Bilateral Contract DEFINITION 54 A contract containing two promises.Ex. promise sell a car and accept it TERM 55 Unilateral Contract DEFINITION 55 A contract that involves one promise in exchange for an actEx. $ to mow lawn today TERM 56 Express Contract DEFINITION 56 Written or oral TERM 57 Implied-in-Fact Contract DEFINITION 57 A contract created by a court based on the conduct of the partiesEx. haircut, car repairs, prize not discussed TERM 58 Implied-in-Law (Quasi) Contract DEFINITION 58 A contract created by a court to avoid unjust enrichmentEx. New roof- if home I lose, If not home i win TERM 59 Valid Contract DEFINITION 59 Contains all elements TERM 60 Void Contract DEFINITION 60 No contract (a court will not uphold it) TERM 71 Mistake DEFINITION 71 1. Unilateral-a mistake made by one person..... this is not a valid contract defense-ex. a person mis-measures a door frame and orders the wrong size door TERM 72 Fraud in the Inducement DEFINITION 72 1. a person who is lied to or deceived can get out of a contract (voidable) if the following elements can be established- misrepresentation of (lies or cause a problem)- a material (important) fact- intent to deceive- reasonable reliance by the innocent party (she won dance case)"Shitty dancer"-damage TERM 73 Innocent Misrepresentation DEFINITION 73 If a party can establish that the other party innocently misrepresented a fact, the party can rescind (UNDO) the contract TERM 74 Undue Influence DEFINITION 74 1. This occurs when one party to a contract overcomes the free will of another2. This usually occurs when a person abuses a position of trust (Parent/child/aging relative)VOIDABLE TERM 75 Statute of Frauds DEFINITION 75 Certain Contracts must be in writing to be enforceable1. Marriage2. Year3. Land4. Executor5. Goods over $5006. Suretyship TERM 76 Marriage DEFINITION 76 Contracts in consideration of marriage TERM 77 Year DEFINITION 77 Contracts that can't on their face be completed within one year TERM 78 Land DEFINITION 78 Contract for the purchase of land TERM 79 Executor DEFINITION 79 A promise to pay the debts of adecedent(Dead person) TERM 80 Suretyship DEFINITION 80 A promise to pay the debt of another person- liable for kids lease at an apartment. It's his own lease, must be in writing TERM 81 Parol Evidence Rule DEFINITION 81 Once a contract has be reduced to a writing that the parties intend to be their final agreement, a court will not listen to evidence, whether written or oral, of prior agreements that alter the written one. TERM 82 Entrepreneur DEFINITION 82 In business to make a profit TERM 83 Sole Proprietorship DEFINITION 83 1. Who manages- Owner2. How long does it last- Until owner sells or dies, etc3. Agency Relationships- Employees are agents (Work for you and you are responsible for what they do)4. Liability- Unlimited Personal liability5. Taxes- Personal Income tax statement TERM 84 General Partnership DEFINITION 84 Voluntary association of two or more persons as co-owners in a business for profit1. Can be created without a written agreement (but should have one)2. Who Manages- Partners3. Voting- Majority wins in most situations..adding a partner requires a unanimous vote4. Agency relationship- employees are agents and the partners are agents of the partnership and each other5. Profit and loss sharing- Equally unless agreement says different6. Liability- Generally Unlimited. 7. Taxes- On personal income tax TERM 85 Limited Partnership DEFINITION 85 A partnership consisting of at least one or more general partners and one or more limited partners1. Need a written instrument to create2. Who Manages- General Partner(s).... limited partners arent allowed to manage the day to day operation of the business3. Liability- Of general partner(s) have unlimited liability. Limited partners liability is limited to investment, unless limited partner gets involved in running the business, they may become liable to the same extent as a general partner.4. Taxes- On personal Income tax statement