Sam
4th Amendment
prohibits illegal search and seizures
warrants must be based on probable cause
warrant must particularly describe person and property to be searched
What is an unauthorized employee? and why do companies like to use them
Knowingly hiring undocumented or unauthorized workers
you can pay less for work cause they just need to work
Business crimes often result in ________.
What does OSHA stand for? And what does it do?
large pmts of money (or in serious cases, individual officers charges)
OSHA - Occupational Safety and health Act)
protects employees of the corporation
federal law
states have the right to enact even more stringent safeguards
What are the 2 areas in the business world in which Strict Liability applies?
1. Product Liability - when a defective product causes harm to a customer (Samsung Galaxy Note 7)
2. Owning dangerous animals - where the owner is liable for injuries caused by their animal, regardless of negligence
Wire Fraud
Mail Fraud
Wire Fraud - using electronic communications (phone calls, email, etc) to execute a fraudulent scheme
Mail Fraud - using the US Postal Service/any other mail carrier to carry out a fraudulent scheme
Wire/Mail Fraud
use of carrier
usually US Postal Service/Telephone (but also UPS, FedEx, radio, tv, internet, email, etc)
usually targets the elderly
Newman accused Jerry of this
Is there a right to privacy?
Restraint view v. Activism view
Restraint - right to privacy not in Constitution, therefore not exist
Activism - framers included a loosely constructed Right to Privacy in the 4th amendment with Search and Seizures (they could not have predicted modern day problems)
Insurance Fraud
attempts to obtain money from an insurance company (2 types)
1. by the policy maker - a person with valid insurance presents FALSE info in order to collect money (hit and run)
2. by a 3rd party - 1 or more people use deception to attempt to collect an insurance settlement from another person's insurer (fake automobile accident - like in Seinfeld Puerto Rican Day)
What is Judicial Pragmatism (or Judicial Activism)?
and who are the main proponents?
"Living Breathing" Constitution
Originality is important BUT must be interpreted within modern day (not limited to 1700 America)
open for interpretation and adjustment
Justices Ginsbery, Brennan, and Warren
Criticism - allows judges to substitute their "opinions" instead of the elected members of legislature
What is Negligence Per Say?
Law creates the duty and defendant violates it
example - a liquor store sells liquor to a 19-year-old, the kid dies.
It is the liquor store owner liable for the death
Breach of Duty
Once duty is established, the court determines if the conduct (or failure to act) of the defendant BREACHED the duty
i.e. when a person/organization fails to meet their obligations to others (like to employees customers or shareholders)
Assumption of risk
if voluntarily engage in activity inherently risky, cannot complain later if injured
Example - If you participate in an Ice Fishing Contest and while walking on the ice you fall and get injured. Because the contest would obviously require you to walk on ice, you get nothing for injures
8th Amendment
Prohibits against excessive bail
Prohibits cruel and unusual punishment
think of CC Bill of Rights song (8th one)
What is RICO and what does it do?
Racketeering Influenced Corrupt Organization Act
Created 1970s, to prosecute organized crime/mafia
very powerful but controversial
allows for prosecution of individuals and organizations in on-going investigations
Strict Liability
activity so inherently dangerous that any injury that occurs creates liability for the entity engaging in it
(regardless of fault)
Examples - explosives, handling toxic substances etc
Internet Fraud
Phishing, online auction fraud, fake emails etc
using the internet to find victims/to communicate with others to commit fraud (3 types)
1. Unsolicited offers/letters such as winning a prize, inheriting money, or even making it appear legitimate (I Love Lucy LOA)
2. Auctions that involve fake products/or no product
3. Identity theft often by phishing in order to deceive the recipient to give personal info
What is Money Laundering?
Concealing the origins of illegal money (making it appear legitimate)
Key steps - placement, layering, integration
finding ways to take the illegally obtained gains from criminal activity and either:
use it to promote more crime or
find a way to conceal the illegal source of funds and place them back into legitimate commerce
Defenses of Negligence claims
Contributory vs Comparative
Contributory - if at fault at all, the plaintiff gets nothing (if going 72 in a 70 mph zone and gets in an accident, gets nothing)
Comparative - compares the negligence of the plaintiff and defendant and adjusts accordingly
1st. how much should the plaintiff get? 2nd. relative % of the fault. 3rd. applies the % to the award
Tell me about Obergfell and Hodges
2015
at this time, all states baned ss marriage (denied licenses)
Oberfell v. Hodges court went through appeals and 4 federal circuit courts and held that States ban was unconstitutional, however, the 6th Circuit court ruled the opposite
therefore, it went to the U.S. Supreme Court and ruled that it was unconstitutional (based on equal protection and the concept of Full Faith & Credit. Sited 14th amendment 'Due process Clause')
What is Equal Protection?
What is Full Faith & Credit?
Equal Protection - found in 14th Amendment (1867)
'nor deny to any person within its jurisdiction the equal protection of the laws. (Basically says, people should be treated equally under the law)
Full Faith & Credit - found in Article 4
1 state must accept the records and case decision of another state
Georgia adopted the ss marriage
U.S. Supreme Court applied Full Faith & Credit
Judicial Law
Judicial Review
Judicial Law - courts have the authority to "say what is law"
court decision, interpretation of statutes, dispute resolution
Judicial Review - the authority of the courts to interpret the law and their interpretations must be followed
Established in Article 3 and the case of Marbury v. Madison
Separation of powers
Commercial clause
Supremacy clause
Separation of powers - 1 branch not interfering with (or engaging in) the activity of another branch
Commercial clause - allows Congress to govern activity between the states (found in the Constitution)
Supremacy clause - federal statues and federal case law, control when there is conflict in state authority (found in Constitution)
if federal conflicts with state = federal wins
What is Judicial Restraint? and who is its main proponent?
"Originalists" Justice Scalia
Strict interpretation of the Constitution
Focus on "EXACT" language written and intent of the Constitution
if not in the Constitution then NOT exist
Not open for interpretation
criticisms - so many changes since the 1700s
Tell me about the Foreign Corrupt Practices Act (1977)
to combat bribery and corruption
paying bribes to foreign officials in order to avoid regulations (done to get a CA)
even if done on foreign soil, US federal jurisdiction allows for prosecution
Tell me about Griswald v. Connecticut
1965
all forms of contraception illegal
Griswald opened a clinic to give counseling etc (was arrested)
appealed to U.S. Supreme Court
Argument = Gov should NOT be allowed to interfere with private matters of citizens and married people
In the end, U.S. Supreme Court ruled in favor of Griswald