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ACCT 215: Chapter 5 (Bootsma, Iowa State University) Questions and Answers.

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Civil Law - Answer Defines the relationships between citizens or between citizens and their government Criminal Law - Answer Defines what a crime is Criminal Law goals - Answer Deterrence; retribution; rehabilitation; incapacitation Criminal Liability - Answer to be guilty of a crime, you generally need actus reus, mens rea Actus Reus - Answer a criminal or guilty act Mens Rea - Answer a criminal or guilty mind; unless its strict liability Corporate Criminal Liability - Answer A corporation can be criminally liable under imputed liability. A corporation is not a legal person and cannot have the necessary mens rea. Can be fined or lose certain rights Actual Authority - Answer Acting with the direct knowledge and permission of the corporation Apparent Authority - Answer a reasonable person would have believed that the employeee was authorized by the company to act in a certain manner State v. Casey's General Stores - Answer Cashier sells alcohol to a minor; claims it was the cashier's wrongdoing; Casey's criminally liable = vicarious liabiliity; Supreme Court reverses on appeal because the conduct was not "authorized, requested or tolerated"

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ACCT 215: Chapter 5 (Bootsma, Iowa
State University) Questions and
Answers.
Civil Law - Answer Defines the relationships between citizens or between citizens and their
government



Criminal Law - Answer Defines what a crime is



Criminal Law goals - Answer Deterrence; retribution; rehabilitation; incapacitation



Criminal Liability - Answer to be guilty of a crime, you generally need actus reus, mens rea



Actus Reus - Answer a criminal or guilty act



Mens Rea - Answer a criminal or guilty mind; unless its strict liability



Corporate Criminal Liability - Answer A corporation can be criminally liable under imputed
liability. A corporation is not a legal person and cannot have the necessary mens rea. Can be
fined or lose certain rights



Actual Authority - Answer Acting with the direct knowledge and permission of the
corporation



Apparent Authority - Answer a reasonable person would have believed that the employeee
was authorized by the company to act in a certain manner



State v. Casey's General Stores - Answer Cashier sells alcohol to a minor; claims it was the
cashier's wrongdoing; Casey's criminally liable = vicarious liabiliity; Supreme Court reverses on
appeal because the conduct was not "authorized, requested or tolerated"



Criminal Liability for Corporate Officers - Answer individual corporate leaders may also be
subject to criminal prosecution if an employee commits a crime for the benefit of the company
and the officer either knows and approves of the action or the oficers knows and does nothing
to stop the action



US v. Park - Answer Park delegated sanitation, public interest in purity of his food; Park had
authority and responsibility to ensure the sanitary conditional

, Types of Crimes - Answer Violent crimes; property crimes; public-order crimes; cybercrimes



Violent Crimes - Answer Homicide, rape, assault



Property Crimes - Answer Burglary, Larceny, Arson, Forgery



Public-Order Crime - Answer Intoxication, prostitution



Cybercrimes - Answer Hacking, Phishing



Felony - Answer Serious crime that is punishable by death or by imprisonment for more than
one year



Misdemeanor - Answer a lesser crime than a felony, punishable by a fine or incarceration in
jail for up to one year



Petty Offense - Answer in criminal law, the least serious kind of criminal offense, such as a
traffic or building code violation



Ponzi scheme - Answer investment fraud that involves the payment of purported returns to
existing investors from funds contributed by new investors



Embezzlement - Answer theft that occurs when a fiduciary is lawfully entrusted with personal
property of another and then fraudulently takes or uses that property for their own gain



Theft of Trade Secrets - Answer The intentional taking, copying, or using another's trade
secrets with the knowledge the owner of the trade secret will be injured by such action



Fraud - Answer the knowing misrepresentation of the truth or concealment of a material fact
to induce another to act to his or her detriment



Mail Fraud - Answer using postal services



Wire Fraud - Answer using electronic means of communication



Bankruptcy Fraud - Answer conceiling assets from bankruptcy proceedings

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