LSB 3213 1st Edition Lecture 28 Final Exam Bring green scantron and pencil Arrive early to check in with picture ID 33 questions plus 3 extra credit questions 100 points 10 True False 15 short multiple choice 8 long multiple choice Criminal Law Extra Credit Exam Questions Offenses against society as a whole against the people government enforced Example battery has tort liability and criminal guilt Justifications deterrence protection reformation Felonies usually crimes with jail time over 1 year Misdemeanors usually crimes with jail time under 1 year Criminal Procedures William Blackstone it is better that 10 guilty persons escape justice than that one innocent person suffer Benjamin Franklin better that 100 guilty persons go free Cautious approach to criminal convictions o System designed to be more cautious on the criminal rather than civil side o Better to protect innocent and ensure that only guilty persons are penalized Individual protections vs government power Food for thought better for whom These notes represent a detailed interpretation of the professor s lecture GradeBuddy is best used as a supplement to your own notes not as a substitute Criminal Law vs Civil Law Criminal Law in Business Civil Law limited liability for individuals e g bankruptcy protection o If you work for a company that gets sued for a breach of contract the company s assets are at risk not yours Criminal Law responsible corporate officer doctrine Employee who participated in directed or knew about criminal violation can be guilty o If you work for a company that is found guilty of a criminal violation and you had any part in the criminal violation you can also be found guilty White Collar Crimes nonviolent illegal act to obtain a personal or business advantage Various ways of cheating in business o Regulatory violations SEC HIPAA FDA etc o Mail or wire fraud including internet o Embezzlement company funds for personal use o Bribery o Unauthorized use of trade secrets Organized Crime businesses that supply illegal goods or services Examples o Money Laundering Taking profits from an illegitimate or illegal business and putting into a legal legitimate business They need to clean the dirty money and earnings from a legitimate business are considered clean A legitimate business is used with fake receipts that look like clean money coming into the legitimate company when it is coming from an illegal activity such as drugs gambling etc o RICO Racketeer Influenced and Corrupt Organizations Act If you have position or control over an organization that does organized crime you are charged with the whole crime Problem lower level people in the organization do the crimes executives know about the crimes and that s who the law goes after not the people actually committing the crimes Materials from Exam 1 and 2 also on Exam 3 Four Legal Philosophies o Natural Law o Legal Realism o Positive Law o Historical Approach Common Law o Judge made law Precedent Stare decisis REVIEW QUESTIONS Bolded Answers are the correct response 1 Walking through a supermarket Wendy slips on tomato sauce that another customer spilled in the aisle and breaks her arm A store employee was on his way to clean up the mess just before Wendy slipped If Wendy sues for negligence which element will be most difficult to prove Duty the supermarket has a duty to keep customers safe in the store a duty is easy to prove in the store but more difficult the farther away you are from the store Breach the store made an effort to fulfill their duty but they just didn t get there in time Cause there is a proximate cause slipping in sauce is likely to happen but for rule store didn t cause the tomato sauce spill someone else did Harm there was obviously harm 2 Several players on a professional football team develop a severe infection The source of the infection is traced to the team s locker room As a result of the infections the players are no longer able to play in the NFL The team denies responsibility and makes malicious insulting and demeaning statements about the infected players What damages are the players likely to recover in a negligence lawsuit against the team Only direct damages medical costs a tort lawsuit always gets direct damages Also indirect damages lost future salary indirect damages are straight forward and proximate cause means it is foreseeable that these would cause them not to be able to play and therefore a loss of salary Also punitive damages due to severity of infections and malicious statements punitive damages are very rare in negligence cases punitive damages are appropriate in other types of cases like defamation but not negligence the demeaning statements don t directly relate to duty breach cause or harm or the infections punitive damages are never available in negligence claims court doesn t punish negligence but it does if intentional or reckless because accidents happen 3 Roy a baseball umpire receives a new protective face mask from a sports company as a gift It is a new model that will be sold next season to better protect umpires hit in the face with baseballs Roy uses the mask and is hit by a pitch He is injured when a wire that was not properly attached comes loose from the mask and punctures his eye blinding him The company has advanced quality control methods and made the mask very carefully Which legal claim is Roy s best argument Strict Liability manufacturing defect the defect was the wire that was attached improperly and comes loose key words not properly attached Strict Liability design defect quality control so the defect was in the design or manufacturing nothing in the question strongly proves a defect in design Strict Liability inadequate warning if they knew about the defect they would have had to warn about it but that would also prove the first two answers as well Negligence breach of duty cause of harm by saying it was carefully made this takes away the carelessness and therefore takes away negligence 4 Brenda has a beloved pet parrot Usually the parrot is in a cage inside the house but sometimes Brenda lets the parrot fly freely in the house Larry Brenda s boyfriend comes over to tell her he s decided to break up with her In the process he insults the parrot and looks angrily at the parrot As Larry is leaving the parrot swoops around the corner lands on Larry s head and pecks both of his eyes out as Brenda watches in horrified glee Is Larry likely to recover damages against Brenda whether through