what are two elements for every crime - Answers - mental state and act or omission (actus rea)
who brings the action for crime vs tort - Answers crime: state or gov
tort: individual
Crime: Assault → State prosecutes attacker.
Tort: Assault → Victim sues attacker for medical bills and pain & suffering.
conspiracy - Answers agreements to commit unlawful act
money laundering - Answers When illegally obtained money is put into or through a business to
hide its origin
Racketeering and RICO - Answers dishonest and fraudulent business dealings
Racketeer Influenced and corrupt orgs act: designed to prevent those involved in organized
crime from investing money obtained through racketeering in legitimate business
Bribery - Answers the act of giving money, property, or any benefit to a particular person to
influence that person's judgment in favor of the giver
Extortion - Answers when a public officer makes an illegal demand - HAS to be a gov official
forgery - Answers Fraudulent making or material altering of an instrument that attempts to
create or change a legal liability of another
false claims - Answers - obtaining goods by false pretenses
- false information submitted to banks
embezzlement - Answers fraudulent conversion of anothers property
a company bookkeeper, trusted with finances, who systematically transfers small amounts of
money from the company's bank account into their personal account over several months
fraud - Answers A dishonest act by an employee that results in personal benefit to the employee
at a cost to the employer.
robbery - Answers the taking of personal property from the presence of the victim by use of
force or fear
, arson - Answers illegal burning of property
larceny - Answers theft of personal property
burglary - Answers Breaking and entering a building with the intention of committing a crime
criminal standard of proof - Answers "Beyond a reasonable doubt"
The prosecution must prove every essential element of the crime to such a degree that a
reasonable person has no reasonable doubt about the defendant's guilt.
criminal procedure rights for businesses - Answers 4th Amendment: Search and Seizure:
Warrants: government agencies must obtain warrants before searching and seizing property
5th amendment - applies to indiv not biz
tort - Answers a civil wrong that interferes with one's property or person
Crime vs tort - Answers Crime
Definition: A wrong against society or the state.
Who sues: Government (prosecutor)
Burden of proof: Beyond a reasonable doubt
Evidence: mens rea, actus rea
Example:
Burglary: Breaking into a house → prosecuted by the state.
Tort
Definition: A civil wrong against a person or property.
Who sues: The injured party (plaintiff)
Burden of proof: Preponderance of the evidence
Evidence: NEED both intent and act + negligence
Example:
Negligence: Hitting someone with your car → the victim sues for medical bills.
crime: breaks public law, harms society