Legal 2700 Exam 3 - Jessica Tripp - UGA
Study online at https://quizlet.com/_7skt1q
1. The difference civil - sue for damages
between crime crime - fines and/or send people to jail; individual against the gov't
law and civil law
when it comes
to punishing the
wrongdoer
2. mens rea mental state; guilty mind; aware of misconduct; ignorance of the law is not excuse
3. actus reus what is the physical act (guilty act); volunteer act, conscious act
example of not satisfying - sleep walking; stroke while driving
example of satisfying - drinking and driving
4. elements of a mens rea
crime actus reus
5. general intent intention to do the act that constitutes the crime
6. specific intent intention to achieve the harmful result; willful, knowingly, voluntarily, purposefully
with the intent to do something
7. reckless conduct can still be held responsible for the crime
example - someone trying to buy a stolen phone
8. felony commenced by grand jury indictment; fine or imprisonment 1 year or more e
9. misdemeanor commenced when the gov't files a charge called an information; fine or impris-
onment less than 1 year
10. what are the dif- not guilty
ferent types of guilty
pleas? nolo contendere
11. Nolo contendere
, Legal 2700 Exam 3 - Jessica Tripp - UGA
Study online at https://quizlet.com/_7skt1q
admitted to a crime, but don't want to receive the punishment (can only do this
once in every 5 years)
- stand for no contest
- allows for sentencing as if there had been a guilty pea
- allows you to avoid the cost of trial
12. what is a white any illegal offense that occurs in a business or professional setting that is com-
collar crime? mitted to harm the business or for personal gain
- most major corporations have ethical codes and extensive compliance programs
to combat these types of crimes
13. Fraud - defendant made a false statement
- defendant knew the statement was false or was recklessly indifferent regarding
its truth
- defendant intended for the other party to rely on the false statement
- creates criminal liability
- actionable under state criminal codes
14. key difference in criminal you don't care if there was reliance or if they were successful; want to
between civil vs. prevent people from defrauding others
criminal fraud
15. fines and/or im- - falsify, conceal, or cover up any trick, scheme, or device a material fact
prisonment are - make any materially false, fictitious, or fraudulent statement or representation
exerted on in- - make or use any false writing or document knowing the same to contain any
dividuals who materially false, fictitious, or fraudulent statement or entry
knowingly and
willfully ....
16. scheme to de- plan designed to take from a person the tangible right of honest services
fraud
17.
, Legal 2700 Exam 3 - Jessica Tripp - UGA
Study online at https://quizlet.com/_7skt1q
What is theft by - A person intentionally creates or reinforces an impression that is false
deception? - A person fails to correct an impression that is false and that the person does
not believe to be true if there is a confidential or fiduciary relationship between
parties
- A person prevents another from acquiring information that is relevant to a
transaction
- A person fails to disclose a known lien or legal impediment to property being
transferred
18. Different types - mail and wire fraud
of federal fraud - securities fraud
crimes - health care fraud
- counterfeiting
- bankruptcy fraud
19. Mail fraud unlawful to use the US Postal service (or other any interstate carrier like FedEX or
UPS) to defraud someone
20. wire fraud unlawful to use any electronic means of interstate communication to defraud
someone (ex. radio, tv, phone, call, text message, fax, internet, email)
21. securities fraud rule 10b of the securities and exchange commission and the securities exchange
act of 1934 make fraud in the purchase or sale of a security is a federal crime
22. Health care fraud prosecution of false claims under the False Claims Act
- investigations are aided by information revealed by whistleblower suits
example - billing for services not actually performed
23. counterfeiting - Use of counterfeit access devices including bank cards, plates, codes, account
numbers, or other means to initiate a transfer of funds is outlawed
- The use of an unauthorized access device is prohibited
- lost , stolen, expired, revoked, cancelled, or fraudulently obtained bank card
Study online at https://quizlet.com/_7skt1q
1. The difference civil - sue for damages
between crime crime - fines and/or send people to jail; individual against the gov't
law and civil law
when it comes
to punishing the
wrongdoer
2. mens rea mental state; guilty mind; aware of misconduct; ignorance of the law is not excuse
3. actus reus what is the physical act (guilty act); volunteer act, conscious act
example of not satisfying - sleep walking; stroke while driving
example of satisfying - drinking and driving
4. elements of a mens rea
crime actus reus
5. general intent intention to do the act that constitutes the crime
6. specific intent intention to achieve the harmful result; willful, knowingly, voluntarily, purposefully
with the intent to do something
7. reckless conduct can still be held responsible for the crime
example - someone trying to buy a stolen phone
8. felony commenced by grand jury indictment; fine or imprisonment 1 year or more e
9. misdemeanor commenced when the gov't files a charge called an information; fine or impris-
onment less than 1 year
10. what are the dif- not guilty
ferent types of guilty
pleas? nolo contendere
11. Nolo contendere
, Legal 2700 Exam 3 - Jessica Tripp - UGA
Study online at https://quizlet.com/_7skt1q
admitted to a crime, but don't want to receive the punishment (can only do this
once in every 5 years)
- stand for no contest
- allows for sentencing as if there had been a guilty pea
- allows you to avoid the cost of trial
12. what is a white any illegal offense that occurs in a business or professional setting that is com-
collar crime? mitted to harm the business or for personal gain
- most major corporations have ethical codes and extensive compliance programs
to combat these types of crimes
13. Fraud - defendant made a false statement
- defendant knew the statement was false or was recklessly indifferent regarding
its truth
- defendant intended for the other party to rely on the false statement
- creates criminal liability
- actionable under state criminal codes
14. key difference in criminal you don't care if there was reliance or if they were successful; want to
between civil vs. prevent people from defrauding others
criminal fraud
15. fines and/or im- - falsify, conceal, or cover up any trick, scheme, or device a material fact
prisonment are - make any materially false, fictitious, or fraudulent statement or representation
exerted on in- - make or use any false writing or document knowing the same to contain any
dividuals who materially false, fictitious, or fraudulent statement or entry
knowingly and
willfully ....
16. scheme to de- plan designed to take from a person the tangible right of honest services
fraud
17.
, Legal 2700 Exam 3 - Jessica Tripp - UGA
Study online at https://quizlet.com/_7skt1q
What is theft by - A person intentionally creates or reinforces an impression that is false
deception? - A person fails to correct an impression that is false and that the person does
not believe to be true if there is a confidential or fiduciary relationship between
parties
- A person prevents another from acquiring information that is relevant to a
transaction
- A person fails to disclose a known lien or legal impediment to property being
transferred
18. Different types - mail and wire fraud
of federal fraud - securities fraud
crimes - health care fraud
- counterfeiting
- bankruptcy fraud
19. Mail fraud unlawful to use the US Postal service (or other any interstate carrier like FedEX or
UPS) to defraud someone
20. wire fraud unlawful to use any electronic means of interstate communication to defraud
someone (ex. radio, tv, phone, call, text message, fax, internet, email)
21. securities fraud rule 10b of the securities and exchange commission and the securities exchange
act of 1934 make fraud in the purchase or sale of a security is a federal crime
22. Health care fraud prosecution of false claims under the False Claims Act
- investigations are aided by information revealed by whistleblower suits
example - billing for services not actually performed
23. counterfeiting - Use of counterfeit access devices including bank cards, plates, codes, account
numbers, or other means to initiate a transfer of funds is outlawed
- The use of an unauthorized access device is prohibited
- lost , stolen, expired, revoked, cancelled, or fraudulently obtained bank card
