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35 Cards in this Set
- Front
- Back
PARTICIPANTS WHO ARE INVOLVED AFTER THE COMMISION OF A CRIME ARE GUILTY OF A
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SEPARATE, LESS SERIOUS OFFENSE
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CRIMINAL LIABILITY IS IMPOSED ON ACCOUMPLICES AND ACCESSORIES BECAUSE THEY
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PARTICIPATED IN THE CRIMES
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PARTICIPANTS BEFORE AND DURING THE COMMISSION OF CRIMES ARE
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GUILTY OF THE CRIME ITSELF
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PARTICIPNATS AFTER THE COMMISSION OF CRIMES ARE
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SOMETIMES GUILTY OF A SEPARATE, LESS SERIOUS OFFENSE
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THE COMMON LAW RULES THAT THE ESTABLISHED FOUR DIFFERENT PARTIES TO A CRIME (principals in the first and second dree and accessories before and after the fact) WERE PROBABLY A REACTION TO
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THE FACT THAT MOST FELONIES WERE CAPITAL OFFENSES
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WHICH LIABILITY HAS TO BE CREATED BY STATUTES
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VICARIOUS LIABILITY
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PARTICIPANTS AFTER CRIMES ARE COMMITTED ARE KNOW AS
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ACCESSORES
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WHICH OF THE FOLLOWING CASES INVOLVES THE MERE PRESENCE RULE
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BAILEY V US
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AN AGREEMENT TO COMMIT A CRIME IS A
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CONSIPRACY
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WHAT IS THE NAME OF THE RULE THAT THE CONSPIRACY TO COMMIT THE CRIME AND THE CRIME COMMITTED AS A RESULT OF THE CONSPIRACY ARE DIFFERENT OFFENSES
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THE PINKERTON RULE
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ACCORDING TO WHAT RULE IS EVEN PRESENCE AT THE SCENE OF A CRIME FOLLOWED BY FLIGHT NOT ENOUGH ACTION TO SATISFY THE ACTUS REUS REQUIREMENT OF A CCOMPLICE LIABILITY
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THE MERE PRESENCE RULE
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IF THEY ENCOURAGE AND APPROVE THE COMMISSION OF A CRIME, WORDS CAN AMOUNT TO
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ACCOMPLICE ACTUS REUS
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IN GENERAL, MERELY BEIN PRESENT AT THE SCENE OF A CRIME
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IS NOT SUFFICEIENT TO CREATE ACCOMPLICE LIABILITY
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MERE PRESENCE OF THE DEFENDANT AT THE SCENE OF A CRIME MAY CREATE ACCOMPLICE LIABILITY
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THE DEFENDAT HAS A DUTY TO PREVENT THE CRIME AND FAILS TO PREVENT OR ATTEMPT TO PREVENT IT
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WHICH OF THE OLLOWING CASES INVOLVES BEING AN ACCESSORY AFTER THE FACT
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STATE V CHISM
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VICARIOUS LIABILITY TRANSFERS THE ATUS REUS AND THE MENS REA OF ONE PERSON TO ANOTHER PERSON OR FROM ONE OR MORE PERSONS TO AN ENTERPRICE BECAUSE OF THEIR
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RELATIONSHIP
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WHAT DRAMATICALLY CHANGED THE NATURE OF CORPORATIONS FROM GOVERMENT ENTITIES CRONTROLLED BY GIVERMENT TO PRIVATE BUSINESS OPERATED BY INTERNAL MANAGEMENT
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THE INDUSTRIAL REVOLUTION
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WHAT WAS THE COURTS RATIONALE FOR EXTENDING VICARIOUS LIABILITY BY THE DOCTRINE OF RESPONDEAT SUPERIOR
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THE HISTORY OF THE TIMES
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WHICH OF THE FOLLOWING CSES INVOLVED ENRON AN AN ACCOUNTING FIRM THAT WAS CONVICTED OF OBSTRUCTING THE SECURITIES AND EXCHANGE COMMISSION
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US V ARTHUR ANDERSEN, LLP 2004
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COURT DECISION HAVE MADE THE MENS REA ELEMENT OF ACCOMPLICE LIABILITY
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confusing some courts have required only that the accomplice know they are facilitating a crime and other courts require both knowledge and a desire for the crime to occur
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WHAT TYPE OF LIABILITY ESTABLISHS WHEN YOU CAN BE CRIMINALLY LIABLE FOR SOMEONE ELSES CONDUCT
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COMPLICITY
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WHAT TYPE OF LIABILITY ESTABLISHES WHEN A PARTY CAN BE CRIMINALLY LIABLE BECAUSE OF A RELATIONSHIP
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VICARIOUS
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UNDER THE COMMON LAW, ACCESSORIES AFTER THE FACT WERE
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punished in the same manner as the person who committed the crime
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MODERN ACCESSORY AFTER THE FACT STATUTES TYPICALLY HAVE HOW MANY MENS REA ELEMENTS
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2
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WHAT ARE THE 2 PARTIES TO CRIME THAT EXIST TODAY
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accomplices participants and accessories participants
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MOST VICARIOUS LIABILITY INVOLVES WHICH OF THE FOLLOWING RELATIONSHIPS
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BUSINESS
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LIABILITY BASED ON OWNERSHIP OR OPERATION OF A BUSINESS MAY BE SPECIFICALLY IMPOSED BY
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STATUTE
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ACCESSORY TO CRIME IS A SEPARATE OFFENSE USUALLY A
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MISDEMEANOR
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PURPOSELY ACTING AND WANTING A CRIME TO SUCCEED CLEARLY QUALIFIES AS ACCOMPLICE
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MENS REA
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WHAT TRANSFERS THE ACTUS REUS AND MENS REA OF AN EMPLOYEE TO THE EMPLOYER
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VICARIOUS LIABILITY
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CRIMINAL LIABILITY OF CORPORATIONS IS A FORM OF WHAT KIND OF LIABILITY
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VICARIOUS
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VICARIOUS LIABILITY FOR ANOTHERS CRIME IS
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CREATED BY STATUTE
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VICARIOUS LIABILITY CAN APPLY EITHER TO ENTERPRISES OR TO
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INDIVIDUALS
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PARENTS RESPONSIBLILITY STATUTUES ARE BASED ON PARENTS ACTS AND
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OMISSIONS
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VICARIOUS LIABILITY STATUTES GREW OUT OF PUBLIC FEAR FRUSTATION AND ANGER OVER JUVENILE VIOLENCE AND PARENTS
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FAILURE TO CONTROL THEIR KIDS
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