Criminal Procedure
The Fourth Amendment
The Fifth Amendment
Crimes that harm businesses
Anything goes
Intentional Torts
Business Torts
100

A judge or jury's finding that a defendant has committed a crime

What is a guilty person?

100

written permission from a neutral officer to conduct a search

What is a warrant?

100

requires fundamental fairness at all stages of the case

What is due process?

100

Taking personal property that is in someone else's possession with the intent to steal it

What is larceny?

100

prohibits excessive fines and cruel and unusual punishment

What is the eighth amendment?

100

written defamation

What is Libel?

100

prohibits false or misleading statements in commercial advertising or promotion intended to hurt another business

What is the Lanham Act?

200

Prohibits and punishes conduct that threatens public safety and welfare

What is criminal law?

200

prohibits the government from making illegal searches and seizures

What is the fourth amendment?

200

a criminal defendant may be prosecuted only once for a particular criminal offense

What is double-jeopardy?

200

the fraudulent conversion of property already in the defendants possession

What is embezzlement?

200

guarantees criminal defendants have the right to a lawyer at all important stages of the criminal process

What is the sixth amendment?

200

intentional restraint of another person without reasonable cause and without consent

What is false imprisonment?

200

taking or using someone's personal property without consent

What is conversion?

300

A serious crime, for which a defendant can be sentenced to one year or more in prison

What is a felony?

300

evidence obtained illegally may not be used at trial

What is an exclusionary rule?

300

the governments formal change that the defendant has committed a crime and must stand trial

What is an indictment?

300

taking profits from a criminal act and either using them to promote crime or attempting to conceal their source.

What is money laundering?

300

a plan to prevent and detect improper conduct at all levels of the company

What is a compliance program?

300

damages that are intended to punish the defendant for conduct that is extreme and outrageous

What is punitive damages?

300

malicious interference with a developing economic relationship

What is Tortious interference with a prospective advantage?

400

A court order that a guilty defendant reimburse the victim for the harm suffered

What is restitution?

400

It is likely that evidence of a crime will be found in the place to be searched

What is probable cause?

400

bars the government from forcing any persons to provide evidence against himself

What is self-incrimination?

400

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?

400

the government must prove its case beyond a reasonable doubt

What is burden of proof?

400

an act that makes a person reasonably fear an imminent battery

What is assault?

400

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?

500

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?

500

inevitable discovery, independent source, and good-faith exception

What are the three exceptions to the exclusionary rule?

500

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?

500

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)?

500

the detailed rules that federal judges must follow when sentencing defendants

What is Federal Sentencing Guidelines?

500

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?

500

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?