Business Law Ch. 7, 8, 12 study guide

CH7 Crime-business community: Elements of crime(criminal law)1 actus reus(guilty act) wrongful behavior. 2 mens rea(guilty mind)wrongful state of mind. When liability is assessed without guilty mind it is liability without fault or strict liability ex. unknowingly selling alcohol to minor. Criminal burden of proof –guilty beyond reasonable doubt civil b.o.p-a preponderance of the evidence(more likely than not). Classification of crimes:1 felony serious crimes punishable by imprisonment for over one year or death 2 misdemeanor less serious punishable by fines or imprisonment less than one year 3 petty offenses minor misdemeanors punishable by jail for less than six months or small fine. Common crimes affecting business 1 robbery forceful unlawful taking of property(if no force=not robbery,theft. 2 burglary unlawful entry of building with intent to commit felony. 3 larceny secretive wrongful taking carrying away of property. 4 arson intentional burning of anothers building of property. White collar crime 1 bribery offering giving soliciting or receiving of money or object of value for purpose of influencing judgment or conduct of person in position of trust, offer is enough 2 extortion aka blackmail making threats for purpose of obtaining money or property 3 fraud intentional use of misrepresentation to gain advantage over another, requires 3 elements, material false representation with intent to deceive, vicitims reasonable reliance on false representation, damages 4 embezzlement wrongful conversion of anothers property by one who is lawfully possessing that property. RICO racketeering influenced corrupt organizations act one of the most important tools for fighting white collar crime it prohibits persons employed by or associated with an enterprise from engaging in racketeering activity. Constitutional safeguards 4amendment protection from unreasonable search and seizure, restrictions placed on warrants 5amendment prohibits double jeopardy, right not to incriminate