Term
|
Definition
| a wrong against society proclaimed in a statute and punishable by society through fines and/or imprisonment- or death |
|
|
Term
|
Definition
| the standard of proof used in criminal cases. If there is any reasonable doubt that a criminal defendant committed the crime with which she or he has been charged, then the verdict must be "not guilty." |
|
|
Term
| Two elements must simultaneously exist for a person to be convicted of a crime... |
|
Definition
1) the performance of a prohibited act
2) a specified state of mind or intent on the part of the actor
Criminal liability>concurrence bt the act and the intent* |
|
|
Term
|
Definition
| A guilty (prohibited) act. The commission of a prohibited act is one of the two essential elements required for criminal liability, the other element being the intent to commit a crime. |
|
|
Term
|
Definition
| Mental state, or intent. A wrongful mental state is as necessary as a wrongful act to establish criminal liability. What constitutes a mental state varies according to the wrongful action. Thus, for murder, the mens rea is the intent to take a life |
|
|
Term
| responsible corporate officer doctrine |
|
Definition
| a court may impose criminal liability on a corporate officer regardless of whether she or he participated in, directed, or even knew about a given criminal violation. |
|
|
Term
|
Definition
Crimes against persons, harm or death. Ex-Murder, Rape, Assault &Battery,
-Robbery>the act of forcefully and unlawfully taking cash, personal property, or any other article of value from another. FOrce or intimidation is usu necessary for and act of theft to b considered robbery
-Aggravated robbery>robbery with the use of a deadly weapon |
|
|
Term
|
Definition
-Burglary>the act of unlawfully breaking/entering into a building with the intent to commit a felony
***Larceny>the wrongful taking and carrying away of another person's personal property with the intent to permanently deprive the owner of the property. (does not involve force/fear like robbery)(Trespass to Property and Conversion on civil case)
-Obtaining goods by False Pretenses>buying goods w a check you know will bounce
-Receiving stolen good>
-Arson>the intentional burning of a building owned by another. Some statutes have expanded this to inclu any real property regardless of ownership and the destruction of property by other means..i.e. explosion.
-Forgery>fraudulent making or altering of any writing in a way that changes the legal rights and liabilities of another. Also, changing trademarks, falsifying public records, counterfeiting, altering legal document |
|
|
Term
|
Definition
public drunkenness, prostitution, porn, gambling, and illegal drug use---victimless crimes cuz only harm the offender |
|
|
Term
|
Definition
Nonviolent crime committed by individuals or corporations to obtain a personal or business advantage
***Embezzlement-the fraudulent appropriation of funds or other property by a person to whom the funds or property has been entrusted. NOT larceny bc the wrongdoer does not physically take the property from the possession of another and is NOT robbery bc for or fear is not used.
-Bribery>crime occurs when bribe is offered, accepting is a separate crime. 1.bribery of public officials 2.commercial 3.bribery of foreign officials. Foreign Corrupt Practices Act curbs the use of bribes w/ foreign policies
-Bankruptcy Fraud> fraudulent concealment of property. When filed, must get petition which states what property assets they have/debts owed
-Mail/wire Fraud>1.Mailing or causing someone else to mail a writing-written,printed,photocopied- for the purpose of executing a scheme to defraud and 2.a contemplated or organized scheme to defraud by false pretenses. Wire- telephone, radio, TV transmission of fraud. Mail Fraud Act 1990--fed crime to defraud the public. |
|
|
Term
|
Definition
operates illegitimately by providing illegal goods and services.
-Money Laudering>falsely reporting income that has been obtained through criminal activity as income obtained through a legitimate business enterprise-in effect, "laundering" the "dirty money"
Drug dealer, prostitute, racketeering, gambling. John=drug dealer..becomes part owner of restaurant.
RICO |
|
|
Term
|
Definition
.felony-a crime such as arson, rape, murder, or robbery that carries the most severe sanctions, ranging from 1yr in a state/fed prison to death pen
.misdemeanor-a lesser crime that a felony, punishable by a fine or incarceration in jail for up to one yr
(.petty offenses)-in criminal law, the least serious kind of offense..jaywalking or violation of building codes.
|
|
|
Term
| Defenses to criminal liability |
|
Definition
1.Infancy-any person who has not yet reached the age of majority(fourteen)
2.intoxication-involuntary..forced to intake drugs or alcohol &a defense if taken its effect was to make a person incapable of obeying the law or of understanding that the act committed was wrong.
voluntary...rarely a defense but can be is such extreme intoxication as to negate the state of mind that a crime requires.
3.Insanity-he or she did not know the nature and the quality of the act or did not know the act was wrong(M'Naghten test); Model Penal Code
4.Mistake-1.the law was not published or reasonably made known to the public 2.the defendant relied on an official statement of the law that erroneous. *if it negates the mental state necessary to commit a crime.
5.Consent-when it negates an element of the alleged criminal offense; voluntary agreement to a proposition or act of another; concurrence of wills.Ex..permission to enter property but has weapon
6.Duress-excuses a crime only when another's unlawful threat of serious bodily injury or death reasonably caused the perpetrator to commit a criminal act; there must have been no opportunity for the defendant to escape or avoid the threatened danger
7.Justifiable Use of force-the defense of one's dwelling, of other property, and prevention of crime. Self Defense. Deadly force, likely to result in death or serious bodily harm. Nondeadly force, force that appears necessary to prevent the imminent use of criminal force.
8.Entrapment-in criminal law, a defense in which the defendant claims that he/she was induced by a public-official-an undercover or police officer-to commit a crime that he/she would not otherwise have committed.
9.Statute of Limitations-(just like civil) the state must initiate criminal prosecution w/in a certain #of yrs
10.Immunity-from prosecution, or agree to prosecute for a less serious offense in exchange for information.
>(self-incrimination)-the giving of testimony that may sub the testifier to criminal prosecution. the 5th amend protects aga self-incrim by providing that no person "shall be compelled in any criminal case to be a witness aga himself.
>(plea bargaining)- the process by which a criminal defend and the prosecutor work out mutually satisfactory disposition, sub to court approval; usu involves the defend pleading guilty to a lesser offense in return for a lighter sentence.
|
|
|
Term
| The U.S.Constitution provides specific safeguards for those accused of crimes.... |
|
Definition
Most of these safeguards protect individ aga state/fed gov actions, by the virtue of the due process clause of the 14th Amend.
These protections are sets forth by the 4th, 5th, 6th, and 8th Amendments |
|
|
Term
| 4th Amendment protections... |
|
Definition
Search warrant-an order granted by public authority, such as a judge, that authorizes law enforcement personnel to search particular premises or property.
Probable cause-reasonable grounds for believing that a person should be arrested or searched.
**Search cannot extend to beyond what is described in the warrant. |
|
|
Term
| 5th Amendment Protections... |
|
Definition
1.No one can be deprived of "life,liberty, or property w/o due process of law"-defend should have an opportunity to object to the charges aga them in a fair, neutral decision maker(judge). They must also be given the opport to confront and cross-examine witnesses and accusers and to present their own witnesses.
**procedural due process req'd underlie criminal procedures.
2.Double Jeopardy-being tried twice for the same offense. Prohibition does not preclude the crime victim from bringing a civil suit aga that same person to recover damages.
3. self-incrimination-an accused person cannot be compelled to give testimony that might sub her/him to any criminal prosecution.
**Does not protect partnerships or corporations, but does protect sole proprietors. |
|
|
Term
| 6th and 8th Amendment Protections... |
|
Definition
6th: the right to a speedy trial, right to a jury trial, right to a public trial, the right to confront witnesses, an the right to counsel.
8th: prohibits excessive bails and fines, as well as cruel and unusual punishment. |
|
|
Term
| Two other procedural protections for criminal defendants are the exclusionary rule and the Miranda rule... |
|
Definition
Exclusionary Rule: any evidence that is obtained in violation of the accused's constitutional rights guaranteed by the 4th,5th,6th amends, as well as any evidence6t derived from illegally obtained evidence, will not be admissible in court.
Miranda Rule:individ who are arrested must be informed of certain constitutional rights, inclu 5th right to remain silent and 6th right to counsel..if officer fails to inform a criminal suspect of these rights, any statements the suspect makes normally will not be admissible in court; unless info such as the location of a weapon |
|
|
Term
| three phases of the Criminal Process |
|
Definition
arrest-must be probable cause for believing an individ in question has committed a crime. An arrest may be made w/o a warrant if officer observes a crime taking place.
indictment or information-indictment: a charge by a grand jury that a named person has committed a crime. Grand jury:a group of citizen called to decide, after hearing a states evidence, whether a reasonable basis exists for believing that a crime has been committed and that a trial ought to be held. For lesser crimes, individ may be charged by an information:a formal accusation or complaint issued in certain types of actions by a gov prosecutor.
trial- |
|
|
Term
|
Definition
| the law that governs relations among nations. International customs, treaties, and organizations are important sources. May be public, creating standards for the nations themselves; or private, establishing international standards for private transactions that cross national borders. |
|
|
Term
|
Definition
| laws that pertain to a particular nation |
|
|
Term
| Sources of international Law |
|
Definition
-international customs-
-treaties and international agreements- Treaty: an international law, a formal written agreement negotiated bt two nations or among several nations. In U.S. all must be approved by Senate.
-international organizations and conferences- Any membership group that operates across national borders. These organizations can be gov organizations such as United Nations or nongov(NGOs) such as the Red Cross |
|
|
Term
|
Definition
|
|
Term
Comity
(internat'l principles n doctrines) |
|
Definition
the principle by which one nation defers to and gives effect to the laws and judicial decrees of another nation.
EX:Swedish seller sues a US buyer in Swedish court which awards damages. The buyer's assets are in U.S. n can't be reached unless enforced by US court of law. US court determines that the procedures n laws applied in Sweden consistent with US natural law n policy therefore enforces the foreign courts judgment. |
|
|
Term
The Act of State Doctrine
(internat'l principles and doctrines2) |
|
Definition
a doctrine providing that the judicial branch of one country will not examine the validity of public acts committed by a recognized foreign gov't w/in it own territory.
1)Expropriation: the seizure by a gob't of a privately owned business or personal property for a proper public purpose and with just compensation.
2.Confiscation: a gov't taking of a privately owned business or personal property w/o a proper public purpose or an award of just compensation |
|
|
Term
Doctrine of Sovereign Immunity .FSIA.
(internat'l principles and doctrines3) |
|
Definition
a doctrine that immunizes foreign nations from the jurisdiction of US courts when certain conditions are satisfied.
---A foreign state is not immune from the jurisdiction of US courts in the following situations...
1. When the foreign state has waived immunity explicitly or by implication
2.When the foreign state has engaged in commercial activity w/in the US or outside US
3. When the foreign state has committed a tort in the US or have violated certain internat'l laws. |
|
|
Term
|
Definition
Direct- a sales contract with foreign purchaser that provides for the conditions of shipment and payment for the goods.
Indirect- appointing a foreign agent or a foreign distributor..DISTRIBUTOR AGREEMENT:a contract b/t a seller and distributor of the seller's products setting out the terms and conditions of the distributor. |
|
|
Term
|
Definition
Licensing- foreign manufacturing co to use its copyrighted, patented, or trademarked intellectual property or trade secrets. LICENSING AGREEMENT: a foreign based firm call for a payment of royalties on some basis such as so many cents per unit produced or a certain percentage of profits from the units sold in a particular geographic territory; "know how" or plant design or secret formula
Franchising: form of licensing. |
|
|
Term
1.Export Controls
2. Import Controls |
|
Definition
1. Quotas
2. striction prohibitions, quotas, tariffs. |
|
|
Term
|
Definition
| the selling of goods in a foreign country at a price below the price charged for the same goods in the domestic market.. "less than fair value" |
|
|
Term
|
Definition
| including in a contract special provisions designating the official language of the contract, the legal forum (court or place) in which disputes under the contract will be settled, and the substantive law that will be applied in settling any disputes and whether disputes under the contract will be arbitrated or litigated |
|
|
Term
|
Definition
| a clause in a contract designating the official language by which the contract will be interpreted in the event of a future disagreement over the contracts terms |
|
|
Term
|
Definition
| a provision in a contract designating the court, jurisdiction, or tribunal that will decide any disputes arising under the contract. |
|
|
Term
|
Definition
| a clause in a contract designating the law (such as the law of a particular state or nation) that will govern the contract |
|
|
