Know the burden of proof in a criminal trial for a defendant to be
found guilty?
beyond a reasonable doubt.
What does the prosecutor have to do in a preliminary hearing?
to demonstrate probable cause
What is a misdemeanor?
is a minor offense and generally requires no more than a fine, a year
in prison, community service, or probation
Know exceptions to admitting evidence illegally obtained by law enforcement.
Good faith, inevitable discovery
What was the Rico act originally intended to combat.
Organized crime
What liability do general partners have?
their personal assets are liable to the partnership's obligations.
How are Corporations taxed?
Pays its own tax on form 1120, shareholders pay personal tax on
dividends. (risk of double taxation)
How does general partnerships pay taxes?
Flow through taxation. 1065 returned-> KI
What is the actus reus?
action or conduct that is a constituent element of a crime, as
opposed to the mental state of the accused. (the criminal act)
How does criminal law protect society?
as a whole by punishing the criminal, while civil law monetarily
compensates the victim
What is reasonable belief that suspect committed a crime called?
(this is needed to pull someone over)
Probable cause
What are the constitutional warnings given to someone when they are
arrested called? (you have the right to remain silent, anything you
say will be used against you)
miranda rights
What is a crime punishable by more than a year called?
Felony
What is the process called where a prosecutor agrees to reduce the
changes in exchange for a plea?
Plea Bargain
In what hearing must a prosecutor present evidence demonstrating
probable cause that defendant committed crime?
Preliminary Hearing
When does the defendant plead guilty or not guilty?
Plea Arraignment
What type of immunity prohibits the testimony of a witness from being
used against him in any way?
Transactional Immunity
What type of evidence is not protected by the Fifth Amendment?
fingerprints, bodily fluids, voice or handwriting samples.
What is illegally obtained evidence also known as?
Exclusionary Rule/The Fruit of the poisonous tree
What is Fraud.
wrongful or criminal deception intended to result in financial or
personal gain.
What is the burden of proof in a criminal case?
the defendant must prove affirmative defenses or mitigating
circumstances in civil or criminal court.
What must be included in a valid search warrant?
probable cause basis, supported by oath or affirmation, and
especially detailed as to what is to be searched and seized
How is a general partnership created?
any time two or more people agree to go into business together,
whether or not they have a written contract.
What are the rules that govern the operation of corporation called?
bylaws
What responsibilities does the general partner have in a limited partnership?
controlling the company's day-to-day operations and being personally
liable for business debts.
What advantages does an LLC have?
Protected assets, are typically not personally responsible for the
business debts and liabilities.
What is Larceny
theft of personal property.
What is Embezzlement
has permission to handle the property in a certain way (but not to
take it).
What is a crime
is an offense against the public at large
what does conviction lead to
fines, prison sentence, or even the death penalty
Criminal acts are defined by?
Statute
What is the model penal code?
A set of criminal law statutes that were proposed by the National
Conference of Commission of Uniform State Laws for adoption by the U.S..
What is Mens Rea?
The state of mind, negligence, recklessness and intent.
Strict liability statues are generally?
disfavored
What is Negligence Per Se
violation of a criminal statue that causes civil injury.
Burden of proof civil trial
preponderance.
Burden of proof Criminal trial
beyond a reasonable doubt.
What is Consent decree
is a court order based on an agreement by defendant corporation to
take remedial measures.
Statutes usually specify
penalties
Usually state judges have discretion in
sentencing
What is Ex Post Facto Clause
A person can only be convicted of a crime if the act was a crime
at the time it was committed.
Arrest warrant requirement
probable cause required for arrest or for a seizure.
Under doctrine of respondeat superior
corporations are vicariously liable for criminal offenses, if the
employees� acts are within the scope of their duty.
Employer-Employee
The employer has the right to control the conduct of the employee.
Also referred to as the master-servant relationship