Criminal Procedure
A judge or jury's finding that a defendant has committed a crime
What is a guilty person?
written permission from a neutral officer to conduct a search
What is a warrant?
requires fundamental fairness at all stages of the case
What is due process?
Taking personal property that is in someone else's possession with the intent to steal it
What is larceny?
prohibits excessive fines and cruel and unusual punishment
What is the eighth amendment?
written defamation
What is Libel?
prohibits false or misleading statements in commercial advertising or promotion intended to hurt another business
What is the Lanham Act?
Prohibits and punishes conduct that threatens public safety and welfare
What is criminal law?
prohibits the government from making illegal searches and seizures
What is the fourth amendment?
a criminal defendant may be prosecuted only once for a particular criminal offense
What is double-jeopardy?
the fraudulent conversion of property already in the defendants possession
What is embezzlement?
guarantees criminal defendants have the right to a lawyer at all important stages of the criminal process
What is the sixth amendment?
intentional restraint of another person without reasonable cause and without consent
What is false imprisonment?
taking or using someone's personal property without consent
What is conversion?
A serious crime, for which a defendant can be sentenced to one year or more in prison
What is a felony?
evidence obtained illegally may not be used at trial
What is an exclusionary rule?
the governments formal change that the defendant has committed a crime and must stand trial
What is an indictment?
taking profits from a criminal act and either using them to promote crime or attempting to conceal their source.
What is money laundering?
a plan to prevent and detect improper conduct at all levels of the company
What is a compliance program?
damages that are intended to punish the defendant for conduct that is extreme and outrageous
What is punitive damages?
malicious interference with a developing economic relationship
What is Tortious interference with a prospective advantage?
A court order that a guilty defendant reimburse the victim for the harm suffered
What is restitution?
It is likely that evidence of a crime will be found in the place to be searched
What is probable cause?
bars the government from forcing any persons to provide evidence against himself
What is self-incrimination?
prohibits use of false identification to commit fraud or other crime, and it also permits the victim to seek restitution in court
What is identity theft?
the government must prove its case beyond a reasonable doubt
What is burden of proof?
an act that makes a person reasonably fear an imminent battery
What is assault?
requires a court to settle the matter once and for all by awarding a lump sum for past and future expenses
What is Single recovery principle?
when the government induces the defendant to break the law, the prosecution must prove beyond a reasonable doubt that the defendant was predisposed to commit the crime
What is entrapment?
inevitable discovery, independent source, and good-faith exception
What are the three exceptions to the exclusionary rule?
Courts consider three factors: whether property was used in committing the crime, whether it was purchased with proceeds from illegal acts, and whether the punishment is disproportionate to the defendant's wrongdoing.
What is forfeiture?
prohibits using two or more racketeering acts to accomplish (1) investing in or acquiring legitimate businesses with criminal money, (2) maintaining or acquiring businesses through criminal activity, or (3) operating businesses through criminal activity
What is RICO (Racketeer Influenced and Corrupt Organizations Act)?
the detailed rules that federal judges must follow when sentencing defendants
What is Federal Sentencing Guidelines?
An intentional tort in which the harm results from extreme and outrageous conduct that causes serious emotional harm
What is intentional infliction of emotional harm?
The defendants made false or misleading fact statements about its products or those of a competitor; statements were material and likely to influence purchasing decisions, used statements in commercial advertising or promotions, and the statements created the likelihood of harm
What is false advertising?