Business Law Chapter 7

Chapter 7

20 cards   |   Total Attempts: 188
  

Cards In This Set

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What is a crime?
An offence against society that carries the punishment of imprisonment or other public sanction.
What is the current common law definition of burglary? What was the old definition of burglary? How has it changed?
Enters a building or occupied structure with the intent to commit a crime, unless the premises are open to the public. Old definition is breaking and entering of a public building at night with the intent to commit a felony.
What is criminal trespass?
When a person enters the land of another without permission or with no legal right to be there.
What is larceny?
Taking and carrying away of property that belongs to another without the owner's consent and with the intention of depriving the owner of the goods permanently.
What is robbery?
Larceny using force or threat.
What is embezzlement?
Someone takes ownership of property that belongs to another without the owner's consent and with the intention of depriving the owner of the goods permanently.
What is conspiracy?
All encompassing crime that allows the government to file charges against anyone who has participated in the planning or committing of a crime and to hold each liable for the actions of others.
What is white-collar crime?
Illegal actions perpetuated in a business setting.
What is money laundering?
Using a business to hide illegal income of money.
What is insider trading? What is the classical theory of insider trading, and how does it differ from the misappropriation theory of insider trading?
The buying or selling of a security, in a breach of relationship of trust and confidence, while in possession of information that has not yet been made public about the stock.Classical theory- Imposes liability on corporate insiders who trade on the basis of confidential info. obtained by reason of their position with their business.Misappropriate theory- Imposes liability on "outsiders" who trade on the basis of confidential information obtained by reason of their relationship with the person possessing such info.
What is the doctrine of respondeat superior?
Provides criminal liability for corporations whose employees commit criminal acts within the scope of their employment and with the intent to benefit the business.
What is a custodial interrogation?
Questioning initiated by law enforcement officers after a person has been taken into custody or otherwise deprived of his or her freedom in any significant way.
What are the Miranda Warnings?
Right to remain silent, etc.
What does the Fourth Amendment prohibit?
Unlawful search and seizure.
What are the 7 exceptions to the fourth amendment when a search warrant is needed?
Plain view, emergency, search incident to an arrest, hot pursuit, consent, search incident to general police measure, stop and frisk (plain feel).