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184 Cards in this Set
- Front
- Back
____ may be a positive or negative act that violates a statute of local, state or federal law
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Crime
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When you commit a crime, the violaiton is against the ________
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government
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Today all crimes are based on ______
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statutes
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T/F - There is a common criminal law
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FALSE - there is NO common criminal law
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___ degree felony - maximum of life
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first
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___ degree felony - maximum of 10 years
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second
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___ degree felony - maximum of 5 years
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third
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T/F - Nebraska has mandatory MINIMUMS for imprisonment
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True
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_____ - prison up to 1 year
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misdemeanor
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_____ - prison of at least 1 year
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felony
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T/F - even if you get probation for 5 months, but maximum penalty was 2 years, it still is considered a felony
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True
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A person if innocent until proven guilty beyond ______ _______
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reasonable doubt
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Constitutional protections that person has. If government violates those protections, they CANNOT use that evidence in court.
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Exclusionary Rule
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Initiation of any criminal case begins with ____ ______
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probable cause
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____ _______ - crime committed and person charged committed the crime
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Probable Cause
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Once a person is arrested, has to be processed and brought before a _____
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judge
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Felony has to go to a _____ _____
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district court
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T/F - if case is a felony, there has to be a finding of probable cause before the case can proceed
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TRUE
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T/F - if probable cause not found, the case still can proceed
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FALSE - CANNOT PROCEED
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Defendant has right to ____ if found guilty
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Appeal
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Burden of prove is always on the ______
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government
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T/F - If found not guilty, government can appeal
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FALSE - Cannot appeal
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T/F - person does NOT have to know the act is unlawful
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TRUE - person has to knowingly do an act that in unlawful
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_______ - person plans a crime and takes a substantial step toward the commission of the crime, even if the crime didn't occur
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Attempt
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Usually 1 person involved in _____
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attempt
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________ - agreement between two or more people to commit a crime and in furtherance of the agreement, an overt act is committed by one person
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Conspiracy
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_________ ____ - an act performed to carry out the objectives of the conspiracy
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Overt act
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Larceny is same as ____
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theft
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____ ______ ______ - if you commit a felony and person is killed unintentionally, you can still be charge with murder
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Felony Murder Rule
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______ is also like blackmailing. "If you don't do something, I will...."
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extortion
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________ - giving something in value to do an action
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Bribery
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T/F - Corporations CAN commit virtually all criminal statutes (same as individuals)
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True
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For corporations, penalties are usually _____ rather than jail
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fines
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_______ - take away profit from the crime
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Divestiture
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_______ - terminate the business so that it no longer exists
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Dissolution
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________ - business restructured to prevent illegal operation
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Reorganization
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Today, guidelines are _______, not mandatory
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advisory
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____ ______ programs - if corporation commits crime, but aknowledges they messed up, they can do this program and fine will be reduced
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Corporate Compliance Program
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_____ is a breach of duty owed to another that causes harm (You against the defendent)
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Tort
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4 elements of negligence
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1) Duty of Care
2) Breach (failure) duty of care) 3) Causation 4) Injury - harm to the injured party |
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T/F - have to have all 4 elements of negligence to prove case of negligence
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TRUE
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Objective standard - "what would a reasonable man do"
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Reasonable person standard
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What is purpose of a tort?
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Purpose is to make the victim whole for the negligent act
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_____ - creating reasonable fear or harm
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assault
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_____ - physical contact
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battery
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______ _________ - when plaintiff did something that added to the injury caused to the Plaintiff (accident happens b/c guy drive through red light, but other person was going 100mph)
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Contributory Negligence
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______ _______ - intentional confinement of a person without justification and interference of a person's right to move freely (kidnapping)
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false imprisonment
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________ - false and malicious statements made about a person or business
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defamation
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verbal defamation
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slander
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written defamation
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libel
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____ is always a defense
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truth
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3 types of torts
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1) negligence
2) intentional torts 3) Strict liability |
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Standard of care for negligence based on an _______ ________
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objective standard
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T/F - there DOESN'T have to be injury or damage to recover for negligence
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FALSE - there has to be injury or damage to recover for negligence
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T/F - the negligent act DOESN'T have to cause the injury
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FALSE - negligent act DOES have to cause the injury
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_______ _________ rule was used to find the power company guilty in Goldberg v. Florida Power and Light (turned of traffic lights, accident, girl died)
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Proximate Cause Rule
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_______ or ________ ____ - an act that breaks the connection between the negligent act and the injury (argument by defendent that something broke the line that caused the injury..not the original act)
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Superseding or Intervening Act
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_______ ___ __ _____ - plaintiff voluntarily engages in risky activity knowing the risk involved
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Assumption of the Risk
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_____ _______ - computes the negligence of both parties (defendent 1 is 30% guilty, 2 is 40%, plaintiff is 30%)
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Comparative Negligence
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"Sienter (sp?)"
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Intent
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"Sienter (sp?)"
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Intent
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____ ________ are paid to compensate the claimant for loss, injury, or harm suffered as a result of the breach of the person (damage for car-how much money you would receive)
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compensatory damage
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_______ _______ - intended to punish the activity
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punitive damages
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____ ________ are paid to compensate the claimant for loss, injury, or harm suffered as a result of the breach of the person (damage for car-how much money you would receive)
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compensatory damage
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_______ _______ - intended to punish the activity
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punitive damages
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______ _______ are damages for intentional torts
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punitive damages
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______ _______ are damages for intentional torts
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punitive damages
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"Sienter (sp?)"
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Intent
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"Sienter (sp?)"
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Intent
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____ ________ are paid to compensate the claimant for loss, injury, or harm suffered as a result of the breach of the person (damage for car-how much money you would receive)
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compensatory damage
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_____ _______ - ability of person to recover for damages when a product malfunctions
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product liability
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ORIGINALLY, product liability required privity of contract. Only person who could sue was the _______
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purchaser
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Product liability based on strict liability (restatement 402A) says -
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if you sell it, you're responsible for it
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______ defects focuses on design of the product, not on any negligence in the production
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design
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Crime must be defined by _____ or ______ ________
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statute or local ordiance
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Violation of a _______ is against GOVERNMENT
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crime
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______ _______ _______ - any criminal activity for financial advantage that occurs in the course of business
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while collar crimes
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__________ - price fixing and certain other anti competitive prices
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antitrust
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A person is innocent until proven guilty beyond a ______ ________
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reasonable doubt
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Initiation of criminal case begins with _____ _____
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probable cause
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__________ ______ - crime has been committed and the person charged committed the crime
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Probable Cause
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If case is a ______ - court will set the matter for a trial
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misdemeanor
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If case is a ______ - has to be finding of probable cause before the case can proceed. If probable cause is found, case proceeds to arraingment where suspect enters a plea of guilty or not guilty
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Felony
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____ ____ - willful intent, criminal intent
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Mens Rea
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_____ _____ - the act, wrongful deed
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Actus Reus
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Persons accused or crime, or held in suspicion of crime must be informed their _____ _____
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miranda rights
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Miranda rights
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Right to remain silent, right ot be represented by a counsel, statements they make can and will be used against them in court
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______ ______ - if evidence is gathered improperly it may not be used in trial
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exclusionary rule
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Charging decisions - ______ or _____: what was the objective of the criminal act?
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Purpose or Intent
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_________ - person is aware of what they're doing and it's not through ignorance, mistake or accident
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Knowledge
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Breach of duty owed to another that caused harm
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tort
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_______ - protects people from harm from other's unintentional but legally careless conduct
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Negligence
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________ - wrong committed upon the person or property of another, actor is expressly or impliedly judged to have intended to commit the act that led to injury
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intentional torts
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____ _____ - imposes responsibility for damages regardless of the existence of negligence; any good sold that has a defect that causes injury to the imposition of liability
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strict liability
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Standard of care based on ______ _________
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reasonable person
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_______ - casual connection between the negligent act and the injury
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causation
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_____ _____ ____ - negligence presumed from act
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Res ipsa loquitur
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Neglegent act must have caused _____
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injury
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Purpose of tort
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to make the victim whole
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To be liable person must have an ___ ____ ____
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act, intent, motive
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Elements of Fraud and Deceit
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1. misrepresentation of material facts
2. intent to deceive 3. knowledge that facts are false 4. victim's reliance on the facts 5. relationship that created a legal obligation 6. causation 7. damages |
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Lightle v Real Estate Commission ruled that Lightle committed _____ _________
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fraudulent misrepresentation
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Torts related to businesses elements
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1. existence of a contractual relationship between injured business and another party
2. known to the wrongdoer 3. intentionally interferes with that relationship |
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strict liability is liability without ____
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fault
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____ ______ involves inherently dangerous activity (serious harm, high degree of risk, activity not performed commonly in the community)
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Strict Liability
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Matrix v. Rawlings case - who won? What did jury claim?
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Breach of contract and tortious interference
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Standard of care - ________ care (degree of care that a person of ordinary prudence would use in the same or similar circumstances or in the same line of business)
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Reasonable care
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MacPherson v. Buick was first case to reject (get away) from the idea of _________, got towards new standard of NEGLIGENCE
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privity
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Macpherson v. Buick - who won?
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Buick is responsible for all finished products
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_____ ______ - ability of a person to recover for damages when a product malfuncitoned
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product liability
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Strict liability under _______ - doctrine resolved this by holding manufactures liable to consumers injured by defective products even though the manufacturer exercised all reasonable care
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Contract
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Strict liability under _____ - manufacturers are strictly liable for defective products (simplified the legal basis for injured plaintiffs b/c some plaintiffs can be faced with the problem of showing a warranty existed)
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Tort
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Courts ____ worry about carefullness, due care, reasonableness, etc.
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DONT
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Product liability based on ________ - failure to design and manufacture product as a reasonable person would; have to show cuasation between injury and negligence
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Negligence
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Product liability based on ______ - misrepesentation of a material fact concerning the character or quality of the good being sold - applies to anyone using the product
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misrepresentation
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Categories of product defenses:
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manufactured wrong, designed wrong, and instructions were wrong
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Greenman v. Yuba - who won? What else happened?
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Greenman won - court said producer is striclty liable in tort (company held liable) - spurred 2nd restatement of torts (product liable)
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_____ _____ has duty to take reasonable steps to insure that its buyer is knowledgeable and equipped to provide warnings to ultimate users, but doesn't have to police the details of what is done as the product continues down the chain
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bulk supplier
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______ _____ ________ - relieves manufacturer of liability for failing to warn of a product's characteristics or dangers when the end user knows or reasonably should know of a product's danger
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sophisticated user defense
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_________ - legally recognized justification for the actions that relieves the defendant of liability
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defenses
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______ _ _______ - defense requires that the injured party knew or should have known of the risk and that the risk was voluntarily assumed
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assumption of risk
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__________ ________ - damages are reduced by the % of the injuries caused by the plaintiff's own negligence
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contributory negligence
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contributory negligence is _____ a defense
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NOT
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Purpose of a tort law
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to make the person completely whole
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_____ _______ applied b/c of the nature of the risk of activity (demolition, railroad, construction)
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strict liability
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_______ - legally protected expectation of being able to use a thing for one's advantages; not the physical existence that matters as much as the right to use the property for one's purposes
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Property
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_____ - land and the space above and below the land and permanetly attached to the land; conveyed by a deed (HOUSE)
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Real
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____ - things not attached to land, conveyed by a bill of sale or title (CAR)
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personal
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________ - visible and has a physical presence
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tangbile
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_________ - invisible value; copyright, annuities, stocks, bonds, debts
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Intangible
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T/F - usually owners of property DO NOT have all rights to subsurface on land (oil, gas, water)
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FALSE - DO
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T/F - owners have right to airspace above property
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TRUE
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_____ - personal property attached to real property sot hat the law will consider it part of the property (barns on farms)
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Fixture
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_____ - primary way to transfer ownership in property
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Deed
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Statutory requirements in order for deed to be valid
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1. must be signed by owner to transfer
2. delivered to the grantee 3. deed must contain full description of property 4. signed by a notary |
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_____ - personal property, comes from a receipt of a valid deed (means by which owner of property has legal possession of the property; formal right of ownership; no other person can claim ownership)
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Title
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_______ ______ deed - provides buyer with most protection against defects in the title of land
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general warranty
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_____ ______ deed - seller warrants that he did nothing lessen the real estates value and doesn't warrant what prior owners have done
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Special Warranty
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______ ___ _____ deed - seller doesn't warrant or guarantee title, but does convey title to the purchaser
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bargain and sale deed
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________ deed - deed transfers to the buyer whatever interest the grantor has in property (divorce, child support)
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Quitclaim
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Have to have a ________ of transfer of ownership
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RECORD
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_______ is right to ownership in real property
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estate
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______ in real estate classified as either freehold estates or nonfreehold estates
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interest
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______ estate - owner holds the right to land for an undetermined time period
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freehold
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fee simple _______ - title to land held with virtually no restrictions (complete control of property)
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absolute
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fee simple _______ - title to land is taken away under certain conditions
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defeasible
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____ ______ - right to own/sell property
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fee simple
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Fee simple subject to a _______ _________ - title to land taken away if a specific event occurs
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condition subsequent
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_____ ______ - duration of the estate is measured by the life of one or more persons
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life estates
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True/Flase - in life estates, owner conveys land to another (life tenant) to occupy the land during the tennant's lifetime
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True
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______ ownership - holding property with another
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concurrent
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_______ ___ ______ - two or more people own a undivided interest in the property. Ownership doesn't have to be equally divided. Can be obtained through deed, will, or other convenyence. If one owner dies, has to go to probate (court) to see who receives remainder or interest.
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tenancy in common
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____ ______ - two or more people own an undivided interest in property, if tenant dies, their interest goes to remaining tenants
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joint
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______ _____ __ ______ - applies only to husband and wife, neither spouse can transfer their interest in the land without consent of the other
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Tenancy by the Entirety
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______ ____ ________ - legitimate tenancy has ended but tenant retains possession of property without permission
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tenancy by sufferance
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_______ - right to limited use of a person's property without possessing the property (telephone, sidewalk, waterline, cable)
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easement
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_____ can be created by deed, will, contract, or statute, can also be acquired by adverse possession
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easement
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_____ of easements - allows the easement holder to go on estate for certain purposes
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positives
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_____ of easements - giving up a right that owner of estate would normally have
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negatives
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_________ - not a legal interest in an estate, but is similar to a contract with the estate;l used in subdivisions
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Covenant
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_____ used in subdivisions to mandate size of home, size of lot, etc. Puts restrictions on property (Big Sandy regulations)
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Covenant
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Leases classified as -
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tenancy for years
tenancy from period to period tenancy at will |
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Tenancy _______ - specified in the contract. Once period ends posseision returns to owner (Specific term)
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for years
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Tenancy ________ - does not specify length, but does say that payments made at regular intervals (rollover agreement)
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from period to period
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Tenancy _______ - can be determined at any time (rent for as long as both agree - landlord/tenant can leave whenever they want)
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at will
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Rights of tenants
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1) tenant has expectation of privacy
2) landlord does have right to come on property to make repairs/inspect for problems 3) if repairs not made, tenant has right to terminate lease |
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Duties of tenants
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1) not abuse or misuse property
2) pay rent according to lease |
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____ ______ - superior ownership of the govt. may limit ownershpi rights of owner. Govt. can condemn land for public use (highways)
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Eminent domain
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____ has become primary method of local land control
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zoning
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_______ - improper activity that interferes with another's use of and enjoyment of property
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Nuisance
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_____ _________ - activity that interferes w/ public's enjoyment (sex shops in NYC, drug houses)
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public nuiscance
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_______ _______ - property interest of individuals (cattle and hog operations)
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private nuisacne
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_______ - retaining and using property of another w/out permission or authority
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conversion
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___________ - using and retaining property of another that is protected (using illegal version of Windows)
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misappropriatoin
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In 12 Angry Men, the lady eyewitness had ____ marks on her nose
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glasses
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In 12 Angry Men, they thought standard of proof was beyond _____ doubt
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possible
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In 12 Angry Men, they had the ______ burden of proof
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wrong
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In 12 Angry Men, when the man took the store knife into the jury room, it was illegal based on ______ ______
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reversable error
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In 12 Angry Men, jury was all _____ men
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white
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In 12 Angry Men, the verdict must be _______ (same as now)
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unanimus
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In 12 Angry Men, the kid was charged with ______ his dad
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murdering
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In 12 Angry Men, if all 12 men dont agree unanimously, it's called a _____ _____
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hung jury
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Any act done in violation of those duties which an individual owes to the community, and for the breach of which the law has provided that the offender shall make satisfaction to the public
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Crime
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___ _____ determines probable cause
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grand jury
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