FIN 331 – Old Dominion University – Exam 2 Study
Guide and Key Concepts
Felony - correct answer ✔✔ A serious crime such as murder, sexual assault, arson, drug-dealing,
or theft of a large degree. All crimes punishable by death or by imprisonment.
Misdemeanor - correct answer ✔✔ A lesser offense (disorderly conduct/battery) which involves
less moral culpability than a felony. Punished with lesser fines or limited confinement in jail.
Mens Rea - correct answer ✔✔ The intention or knowledge of wrongdoing that constitutes part
of a crime.
Actus Reus - correct answer ✔✔ "guilty act" the actual performance of a criminal act
White Collar Crime - correct answer ✔✔ Nonviolent criminal offenses committed by
businesspeople and business organizations. This includes consumer fraud, mail or wire fraud,
tax evasion, etc.
Corporate Liability - correct answer ✔✔ Determines the extent to which a corporation as a legal
person can be held liable for the acts of the people who work there.
RICO - correct answer ✔✔ Racketeer Influenced and Corrupt Organizations Act. Passed due to
lawmakers being concerned about organized crime's entry into business enterprise.
Focuses on racketeering and allows for people to be tried for the crimes they ordered others to
do or assisted them in doing.
FCPA - correct answer ✔✔ Foreign Corrupt Practices Act criminalizes the offering or giving
anything of value to officials of foreign governments to influence their actions.
, Sarbanes-Oxley Act - correct answer ✔✔ Creates regulatory responsibilities concerning public
accounting firms' audits of corporations.
Burden of Proof (Criminal Cases) - correct answer ✔✔ The burden of proof lies with the
prosecution, and they must establish the fact beyond a reasonable doubt.
Fourth Amendment - correct answer ✔✔ Protects against unreasonable government violations
of their privacy (persons, houses, papers, and effects, against unreasonable searches and
seizures shall not be violated).
Miranda Warnings & The Fifth Amendment - correct answer ✔✔ The Fifth Amendment protects
against compelled self-incrimination (the right to remain silent). Miranda warnings safeguard
this right. Police are required to inform criminal suspects of their rights.
Intentional Torts - correct answer ✔✔ Wrongful acts done on purpose. The person may not
actually mean harm, but the other person ends up hurt.
Battery - correct answer ✔✔ The intentional and harmful touching of another without their
consent.
Transferred Intent - correct answer ✔✔ A defendant who intends to injure one person but
actually injures another. This is a form of battery.
False Imprisonment - correct answer ✔✔ The intentional confinement of another person for an
appreciable time without their consent. Confinement must be complete.
Shopkeeper's Privilege - correct answer ✔✔ The exception to false imprisonment. If a
shopkeeper reasonably believes that a person is attempting to or has stolen something, the
shopkeeper may detain them in a reasonable manner to investigate.
Guide and Key Concepts
Felony - correct answer ✔✔ A serious crime such as murder, sexual assault, arson, drug-dealing,
or theft of a large degree. All crimes punishable by death or by imprisonment.
Misdemeanor - correct answer ✔✔ A lesser offense (disorderly conduct/battery) which involves
less moral culpability than a felony. Punished with lesser fines or limited confinement in jail.
Mens Rea - correct answer ✔✔ The intention or knowledge of wrongdoing that constitutes part
of a crime.
Actus Reus - correct answer ✔✔ "guilty act" the actual performance of a criminal act
White Collar Crime - correct answer ✔✔ Nonviolent criminal offenses committed by
businesspeople and business organizations. This includes consumer fraud, mail or wire fraud,
tax evasion, etc.
Corporate Liability - correct answer ✔✔ Determines the extent to which a corporation as a legal
person can be held liable for the acts of the people who work there.
RICO - correct answer ✔✔ Racketeer Influenced and Corrupt Organizations Act. Passed due to
lawmakers being concerned about organized crime's entry into business enterprise.
Focuses on racketeering and allows for people to be tried for the crimes they ordered others to
do or assisted them in doing.
FCPA - correct answer ✔✔ Foreign Corrupt Practices Act criminalizes the offering or giving
anything of value to officials of foreign governments to influence their actions.
, Sarbanes-Oxley Act - correct answer ✔✔ Creates regulatory responsibilities concerning public
accounting firms' audits of corporations.
Burden of Proof (Criminal Cases) - correct answer ✔✔ The burden of proof lies with the
prosecution, and they must establish the fact beyond a reasonable doubt.
Fourth Amendment - correct answer ✔✔ Protects against unreasonable government violations
of their privacy (persons, houses, papers, and effects, against unreasonable searches and
seizures shall not be violated).
Miranda Warnings & The Fifth Amendment - correct answer ✔✔ The Fifth Amendment protects
against compelled self-incrimination (the right to remain silent). Miranda warnings safeguard
this right. Police are required to inform criminal suspects of their rights.
Intentional Torts - correct answer ✔✔ Wrongful acts done on purpose. The person may not
actually mean harm, but the other person ends up hurt.
Battery - correct answer ✔✔ The intentional and harmful touching of another without their
consent.
Transferred Intent - correct answer ✔✔ A defendant who intends to injure one person but
actually injures another. This is a form of battery.
False Imprisonment - correct answer ✔✔ The intentional confinement of another person for an
appreciable time without their consent. Confinement must be complete.
Shopkeeper's Privilege - correct answer ✔✔ The exception to false imprisonment. If a
shopkeeper reasonably believes that a person is attempting to or has stolen something, the
shopkeeper may detain them in a reasonable manner to investigate.
