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WVU BCOR 320 - Exam 2 Study Guide

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BCOR 320 1nd EditionExam # 2 Study Guide Chapter 6: Negligence and strict liability: Tort injuries caused by neglectDefamation: Irresponsible speech to harm another’s reputationFalse imprisonment: is the restraint of someone against their will and without reasonable cause. Battery: is touching of person in unwanted wayAssault: an action that causes the victim to fear an imminent battery. Compensatory damages: a jury may award compensatory damages – payment for injuryThe single recovery principle: court must decide all damages past, present, futurePunitive damages: are intended to punish the guilty party Intrusion: prying into someone’s private life ex. Stalking, peeping, wiretapping. Commercial exploitation: a person’s image or voice is used for commercial purpose without that persons permission. Breach of Duty: A defendant breaches his duty of due care by failing to behave the way a reasonable person would under similar circumstances. Factual Cause -- if the defendant’s breach ultimately led to the injury, he is liable.Does not have to be the immediate cause of injury, but must be the first in the direct line.Proximate Cause -- to be liable, this type of harm must have been foreseeable.The defendant does not have to know exactly what would happen -- just the type of eventRes Ipsa Loquitur (the thing speaks for itself)-- in a few cases, the defendant must prove he was NOT negligent or the facts implythat his negligence caused the injury.Landmark Case: Palsgraff v. Long Island Railroad Company:Facts: Ms. Palsgraff was waiting on a railroad platform. As a train began to leave the station, a man carrying a package ran to catch it. He jumped aboard but looked unsteady, so a guard on the car reached out to help him as another guard, on the platform, pushed from behind. The man dropped the package, which struck the tracks and exploded—since it was packed with fireworks. The shock knocked over some heavy scales at the far end of the platform, and one of them struck Palsgraff. She sued the railroad.The jury found that the guards had acted negligently, and held the railroad liable. The company appealed.Issue: Assuming the guards did a bad job assisting the passenger, was the railroad liable for the injuries to Ms. Palsgraff? 248 NY339, 162 NE 99 (1928).Chapter 7:Civil law concerns the rights and liabilities between private parties; criminal law concerns those activities that society has outlawed. • Prosecution - Only the government can prosecute a crime and punish someone by sending him/her to prison.• Burden of proof - Because the penalties for conviction in a criminal case are so serious, the government has to prove its case beyond a reasonable doubt.• Felony/Misdemeanor - A felony is a serious crime, for which a defendant can be sentenced to one year or more in prison. A misdemeanor is a less serious crime, often punishable by a year or less in a county jail.Intent crime: A crime that requires the defendant to be found guilty of committing a criminal act- Actus reus: Guilty act- Mens rea: Evil intentThe criminal process:1. Gathering evidence: The Fourth Amendment prohibits the government from making illegal searches and seizures of individuals, corporations, partnerships, and other organizations. As a general rule, the police must obtain a warrant before conducting a search.Warrant: Fifth Amendment) if a search is needed, police take an affidavit (sworn written statement from an informant) to a judge, who issues a warrant, giving permission to search a particular place, looking for particular evidence.Probable Cause -- based on the information given, it is likely that the specified evidence will be foundThe Exclusionary Rule - Under the exclusionary rule, evidence obtained illegally may not be used at trial.Arrest Warrant -- based on information found in the search, the judge may issue an arrest warrant.Arrest -- when a suspect is arrested, he is informed of his rights and booked (name, photograph and fingerprints are recorded, along with the charges).Self-incrimination – the Fifth Amendment provides that the prosecution may not use coercion to force a confession from a suspect. The suspect may refuse to answer any questions that could be used to convict him.Indictment -- if a grand jury (ordinary citizens) determines that there is probable cause to proceed to trial, the suspect is indicted (charged with the crime).Arraignment -- the indictment is read to the suspect, who then pleads guilty or not guilty to the charges.Nolo contendre— The accused agrees to the imposition of a penalty but does not admit guiltPlea Bargaining -- in many cases, the prosecution will offer to end the case with reduced charges if the defendant will plead guilty.Trial and Appeal -- if no plea bargain is reached, the case goes to trial. The prosecution must convince the jury beyond a reasonable doubt in order to convict. Convicted defendants may appeal.Double jeopardy - The prohibition against double jeopardy means that a defendant may be prosecuted only once for a particular criminal offense. Punishment - The Eighth Amendment prohibits cruel and unusual punishmentThe Patriot Act of 2001 – passed in response to the terrorist acts of September 11, 2001; designed to give law enforcement officials greater power to investigate and prevent potential terrorist assaults.- This act has been controversial because it violates individual privacy liberties. It has been revised, but is still contested by many people.Larceny -- The trespasser taking personal property with the intent to steal it.Fraud -- Deception for the purpose of taking money or property from someone.- Includes bank fraud, wire and mail fraud, insurance fraud, Medicare fraud.Arson – malicious use of fire or explosives to destroy property.Embezzlement -- Fraudulent conversion of someone else’s property already in the defendant’s possession. Wire Fraud and Mail Fraud - Wire and mail fraud are additional federal crimes involving the use of interstate mail, telegram, telephone, radio, or television to obtain property by deceit.Theft of Honest Services - The theft of honest services statute prohibits public and private employees from taking bribes or kickback.Crimes committed by businesses:1. If someone commits a crime within the scope of his employment and to benefit the corporation, the company is liable. 2. Punishment- Fines are most common punishments—appropriate since this hurts the profit.3. Compliance


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