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156 Cards in this Set

  • Front
  • Back
What is a crime
punishable offense against society
What is a tort
civil wrong against a particular person
A crime is simply defined as a violation of
A Crime is a creature of statue--all crimes are defined in LAWS by federal or state
Offences created by ordinance are consider
misademeanors or some no crimes at all
What are 3 Class of Crime
Felonies, Misdemeanors, and petty offenses
Felonies are most serious, and the preseumptive sentence is
fine or imprisonment in a state prison or both
What happens to invididuals to have a 3rd felony conviction
mandatory prison sentence
Certain modicifactions (adders) may be mades after sentencing and evaulation for what type of offenders
violent, and use of a dangerous weapon
Where are misdemeanors served
in a county jail
Are there adders to a misdemeanor if assault on police offers, or present an extraordinary risk of harm to society
yes there are adders
Are some crimes not given a classification, and if so what are they labeled
labeled as a midemeanor with a defined punishment
What is an example of a crime as a "misdemanor" with a defined punishment
pharmacy
Where are petty offenses severed
county jail
In terms of Class of crime, the higher the number
the lower the severeity
What are penalties of class I of petty offense
max of 6 months, and/or $500
Unlawful Use of a CI or CII is considered
A FELONY class 6
What is Unlawful Use of a CIII, IV, V consider
Misdemeanor Class 1
Are there providsion for dismissal of proceeding after sucessful completion of treatment by persons determined to be addicted to a controlled substance
YES
What is unlawful distributtion, manufacturing, dispensing, or sale or possesion considered for a CI or CII
Felony
What is unlawfull distribution, manufacturing, dispensing or sale or possesion for a CIII, CIV of CV
CIII and CIV= FELONY

CV==MISDEMEANOR
What happens when you have a second or subsequent conviction
all classes increase ONE LEVEL
Posession of 1 gram or less of any SCHEDULED substance is considered
an FELONY
Are there increase penalties for greater amounts, and withing 1,000 feet of school
YES
What is Flunitrazepam (Rohyphonl) exception
FELONY---but cannot have increase CLASS sentencing
What are 4 Misdemeanors for Pharmacy Practice
1. Refilling a III,IV, V, greater than 5 times or 6 months
2. Failure to C/S records and scrips for 2 years
3. refuse to make records availabe to Pharamcy Board or DEA
4. failure to properly label a C/S (except hospital
What is the burden of proof you need for a criminal case
EVERY element of the crime beyond a resonable dout
What are 2 parts of 5th admendemnt
1. no-self incrmination
2. No double jeopardy
Does 5th admentment extend to a busines entity or coprotion for NO self-incrimination
No only individidual
What does 6th admendment provide
A speed and public trail by an impartial jury, must be informed of accustation, be confronted with witness against him, and subpeonase to obtain witness, and assisatnce of conunsel
What is consider a speed trial in CO
6months from plea
How big is an impartial jury, and must is be unanimous
12 felony, or 6 misdemenaor (
What is 8th admendemt rights
No excessive bail, or cruel adn unusual punishment
What is 4th admendment
freedom from UNREASONABLE searches and seizures
What are requirements for warrants
probable cause, and particular description
What is Miranda warning
unless given the statement "You have a right to remain slient" ---you cannot self incriminate
What are 3 types of crimes
Crimes agaisnt person, proptery or other
What are crimes against Person
MMMVSACK
Can murder be in 1st and 2nd degree, and what is manslaugther
reckless casuing anothers death
What is Meanacing, and equal to in tort
Placing antoher in FEAR of imminent bodily harm---assault
What is vehicular homicidie
reckless driving of DUI which causes death
Can you be charged assualt to the 3rd degree if you konw the victum is incaple and constent or does not consent
YES
What is Assault, and equal to in tort
intentiaonlyl cauing bodily injury---equal to battery
What is criminally neglient homicide
not giving standard of care that a resonable person wojuld excercise
What are crimes against property
Be RAT--Burglary, embezzlement, robbery, arson and theft
What is arson
damaging or destroying property by fire or explosives
What is burglary
breaking and entering or unlawfulling remaing in with INTENT to commit a crime--homeless men don't count
What is robbery?
taking something by force, threats or intimidation
What is theft
not only taking BUT INTENT to deprive PERMENTLY
What is embezzlement
aurthorized person holds in possesion, and conversion to own use
Is is check fraud by issuing a check knowing there are insuffient funds
YES
What is attempt to commit a crime, how many involved
ONE involved----planning AND an OVERT act toward commiting the crimq
What is conspiracy and how many involved
2 or more---agreeing with another to commit a crime--AND adn overt act toward comitting the specified crime
Conspriacy involves 2 or more--how many have to commit overt act
only 1
Do you have a duty to report a crime
yes
What happens if you fail to report a crime and destroy or concealing evidence
make you an ACCESSORY to crime, which is a misdemeanor or felony
What is shoplifting
willful concealment of an unpurchased good
If you willfuling conceal an unpurchased good what is it considered
rebuttable evidence of intent to commit theft
How must a merchant act when discovering shoplifting
act in good faith, and upon probable cause based on reasonable grounds
How may a merchant detain and question shoplifter?
must do in a resonable manner and method, and for a resonable length of time
What type of crime is it to disclose or copy an unauthroized person a medical record
felony
Is it very likely that pharamcy prescriptions are "medical records"
YES
Can you sell something if you knew intented use of purchaser?
NO-this is criminal
What is the only way in which a coproration can act is
thought the inviduals who acts in its behalf
When a company commits a crime who goes to jail?
people who fail to exercise the authority and supervisory given to them by employer
If an employee commits a crime is the employer criminally responsible?
YES
A company is criminally responsbile for the criminal conduct of its employee if
1employee is whithin scope of his employement
2. company has a legal duty to perform, and fails to do so AND criminal act is authoriezed, requested, or tolerated by managment
Does a BUSINESS have a legal duty maintain accurate prescription or controlled substance records
YES
What is a contract
agreemnet between 2 or more parties that meets certain requirements
What happens if a contract is not fulfilled by one party
allows the other to enoforce performance or obtain remedy (money) thought a LAWSUIT
What are 2 types of contracts
oral and written
What does statue of frauds require
only certain contracts must be written to be enforceable
What are classifications of contracts
Express or implied, bilateral or unilateral, executory, and executed
What is an express contract
enforceable exchange of promises
What is implied contract established by
conduct rather than spoken or written words
The existence and content of an implied contract are determined by
Implied in fact
implied in law
What is implied in fact
would a resonable person expect the conduct constitues an enforceable contract (pumping)
What is implied in law and AKA
parties obligation to prevent her or his unjust enrichment--quasi-contract
What is a bilateral contract
parties exhange a promise for a promise
What is as unilateral contract
an act in return for a promise
What is executory
some part of the obligations remains to be performed
What is executed
all obligations or promises have been performed
What is a void contract
no really a contract--vokid is object is illegal of serious defects in formation
What is a voidable contract
one which is valid and enforceable until is voided or cancelled by party who has power to disaffirm it
Examples of Voidable contracts
incapacity, bankruptcy
What is an unenforceable contract
one is valid, however by the statue cannot be enoforce
Does statue of frauds make certain oral contract unenforceable
YES
What is a valid contract?
enforceable, and meets 6 requirements of a valid contract, and meets 6 requirements
What are 6 requirements of a valid contract
Valid offer, Valid acceptance, legal consideration, genuine assent, competent partietes, a legal object

CGAL VV
What 3 elements must a valid offer have?
The offer must show an objective intent to enter into a contract
2. The offer must be definite (matter, quanity or price)
3. Must be communicated to offeree
3.
WHEN must a valid acceptance occur
an offer must be accepted before it is terminated
What can terminate a valid a valid acceptance
Lapse or Time, Revoacation, rejection, counteroffer, death, destruction, or intervening illegality
For a revocation be effective it must be
communicated to offeree, and be BEFORE the offer is accepted
What does a coutneroffer do
terminates offer, and offeror and offerree switch places
Can death terminate an irrevocable offer
NO
3 Elements of a valid acceptance
1.Must satisfy the or "mirror" terms of the offer
2.resonable evidence the offeree accepted the offer
3.acceptance communicated to offer
What is Mirror image rule
the terms of acceptance must match the terms of the offer
Is acceptance valid on dispatch of subject into mailbox
YES--mailbox rule
Acceptance can be on dispatch or by any of means is effective only on
receipit
What is legal consideration of a valid contract
each party must recieve some benefit and must suffer some legal detriment
Does legal consideraion require economic consideration?
NO
Is relative VALUE of promises or acts generally of legal relevance
NO--is business of parties not the law
Is past consideration a legal consideration
NO
What is exception for legal consideration
Promissory estoppel
What are 3 Elements of PRomissory estoppel
1. The promisor made a promise on which promisee justifiably relied on
2. Substantial economic determinet to promissee
3. injustive cannot be avoided except by eforcing the contract
What is genuine mutal assent--Meeting of the Minds"
each party entered at own free will, and each party understands the important elements of contract "
What elements void Genuine Mututal assent
Fraud, Duress, Undue influence, and mutal mistake of fact
What is fraud
knowing misprepresentation of fact
What is fraud made with
intent to decive, the party relies of misreprsentation, and is injured
What are 2 types of fraud
fraud in inducement
and fraud in execution
What is fraud in execution
which a person signs a document resonably believing it was one contract, but is in fact signing a differnt contract
What is duress
intimidation or coercion and threathend act must be WRONGFUL and ILLEGAL
What does duress focus on
state of mind induced
What is undue influence
found in relationship where one party is dominant and the other is servient
What type of relationship does undue influence occur in
fiduciary relationships (patient and care giver)
What is mutual mistake of fact
voids a contract--both parties belieive it something its not
A unilateral mistake is a mistake by one party, usually does NOT render a contract voidable EXECPT
misprepresentation by other party
and
other party should know or reasonably know of the mistake, and fails to act reasonalby (painting example)
What is competenet parties
to have a valid contact all parties must have capacity at time of the contract
Minors can enter into contracts but can they disaffirm at anytime before or a resonable time after turing 18
YES
What is exception to minority
cannot void when the contract involves a necessities where NO parent is willing and able to furnish them
What is a legal object
a contract for an illegal object is void
Under a legal object if a person is required to have a license for a contract, and doesnt what happens
contract is void
What type of contracts must be in writing to be valid
sale of goods over $500
Sale of personal proptery other than goods over $5,000
or credit agreemnt over 25,000
Must every contract for the lease or sale of LAND be in writing, except for 1 YEAR or less
YES
Must every agreement is not performed within one year need to be writing
YES
Must every promise to answer for the debt of another be in writing
YES
Gernerally most 3rd party beneficaries do not have a right to enforce a contract EXCEPT
if INTENDED 3rd party--donee beneficiary or creditor
What is parol evidence rule or "FOUR CORNERS DOCTRINE"
Parol evidence is evidence of spoken words
is a contract is clear and UNAMBIGOUS despite what a person may have said
When is oral testimony allowed
1. prove subsequent oral agreement
2. proves lack of guenine assesent, fraud, or capacity
When can you not assign a contract to someone else
contract prohibits or obligation of part in unqiue
What is substrantial performacne
all material terms of the contract have been completed
What are remedies at law for breach of contract
Compensatory, Punitive, Consequential, Resciision, Reformatino, adn Special Performaion
What are compensatroy damaages
losses reasonalby foreseeable, and occured desptie resoanble efforts to mitigate damages
What are conseqeuntial damages
"indirect consequences resonaly foreseeable" special damages
What is rescission
judge orders a cancellation of contract
What is reformation
judge orders contract be reformed
What is special performace
subject matter of contract is unqiue PROPERTY or monetary damages are not an adequate remedy
What does Sherman Act prevent
only those contracts or agreements that UNREASONABLY restrict trade
Under Sheman Act when is it illegal to maintain or acquire a monopoly
by UNREASONABLE methods
What does Federal Trade Commision Act do (FTC)
outlaws unfair methods of competition
What is an example of a per se violation under Antitrust
PRICE FIXING
What is Per Se violation
so inherntyl harmful, no exmaination is necessary to DETERMINE IF REASONABLE
Under rule of reaons analyis is it ILLEGAL if it
restricts compettitions some signfigant way AND has no overriding businees justificaiton
For price pressues which is ok, following or signaling
ONLY FOLLOWING, signaling is illegal
Why is illegal to restict output
b/c it reducing supply which increases prices
Is it illegal to boycott or have market division?
YES--
Is ijt illegal to agree to restrict advertising
YES
IT is illegal under what code if it restrticts the ways a professional can comeptee
YES
What are price-related agreements
ILLEGAL
What are NON-price related agreeements
ok judged by rule or reason
A manufactor CAN have a policy that it will only sell to buyers who reseel within the mfgr's recommened retail price, BUT it CANNOT
make the SELLER AGGREE to sell at THAT price
Are agreements not to compete illegal
yes under market division
What are agreements to restrict advertising illegal
when they deprive consumers of important information
When a non-price agreemnt between a manufator and dealer OK?
when manufactor limits HOW (sevice) or WHERE a dealer may sell a productP
Predaotyr or below-cost pricing is ILLEGAL, but can
can MEET or beat cost if efficent
What is Robinson-Patman Act
cannot seel to different people for different prices
When is Robinson-Patman Act lawful
reflects different costs of dealing with different buyers OR sell's attempt to MEET competitors price