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160 Cards in this Set

  • Front
  • Back
JUS GENTIUM means?
The Law of Nations
Who enforces international law?
The parties themselves
What type of system is international law?
Anarchic
Difference between treaties and conventions in international law?
TREATIES AND CONVENTIONS ARE ESSENTIALLY THE SAME THING, EXCEPT CONVENTIONS ARE GENERALLY MULTI-LATERAL TREATIES
What does PACTA SUNT SERVANDA mean?
TREATIES ARE TO BE OBSERVED
What article outlines the rules of international war?
Common Article 3
Who are the players in international law?
SOVEREIGNS (BASICALLY NATION-STATES)

INTERNATIONAL ORGANIZATIONS
INCREASINGLY NGO’S, NON-STATE ENTITIES LIKE PLO, KURDS, ANC,
The law of war is also called
Law of armed conflict
What is the basic idea of the law of war?
BASIC IDEA IS TO MAKE WAR AS HUMANE AS POSSIBLE.
What are the basic rules of the law of war?
PROPORTIONALITY, NECESSITY,ECONOMY OF FORCE
What does proportionality mean in the law of war?
THE MEANS EMPLOYED MUST BE PROPORTIONAL TO THE GOAL ATTAINED
What does necessity mean in the law of war?
THE RIGHT TO USE ANY DEGREE OF FORCE, NOT FORBIDDEN, NECESSARY TO ACHIEVE THE OBJECTIVE SOUGHT
What does economy of force mean in the law of war?
RESOURCES ARE SCARCE; THEREFORE ONE SHOULD NOT WASTE THEM ON E.G. CIVILIANS WHO ARE NOT FIGHTING
What are two other important concepts in the law of war outside of the basic components?
COMBATANTS PARTICIPATE IN THE FIGHTING; THEY ARE REQUIRED TO WEAR A UNIFORM AND OPENLY CARRY THERE WEAPONS WHILE ON CAMPAIGN,DON’T WEAR UNIFORM? THEN YOU ARE NOT ENTITLED TO PRISONER OF WAR STATUS, AND IF YOU ARE BEHIND ENEMY LINES YOU MAY BE SHOT AS A SPY.
THIS IS A PROTECTION FOR CIVILIANS.
What are the two kinds of property?
personal and real
What is personal property?
(everything that is not real prop)
 Property that consists of tangible property, such as automobiles, furniture, and jewelry, and intangible property, such as securities, patents, and copyrights
What is real property?
The land itself as well as buildings, trees, soil, minerals, timber, plants, and other things permanently affixed to the land
What are seven ways to acquire personal property?
 Possession
 Purchase or production (is accession not by natural means)
 Gift
 Will or inheritance (will-to beneficiaries; inheritance-to heirs)
 Accession
 Confusion: commingling of fungible goods (ownership and risk of loss go by %)
 Divorce
What are the two parties considered in personal property transferred by gift?
Giver is donor, receiver is donee.
What are the elements of a valid gift of personal property?
1) donative intent: donor must intend to make a gift
2) delivery: physical delivery or constructive delivery
3) acceptance: presumed unless proof gift was refused
How does Gruen v. Gruen relate to personal property?
(Gift of painting from father to son)
This was constructive delivery; life estate was retained
What are the ownership rights in mislaid property?
 Owner of premises where property is mislaid is entitled to possession,  He or she holds it as an involuntary bailee until the owner reclaims it
What are the ownership rights in lost property?
 Finder acquires title to the property against the whole world except the true owner
 Owner may reclaim his or her property from the finder
What are the ownership rights in abandoned property?
 Finder acquires title to the property, even against its original owner
What are estray statutes?
Finder gets clear title to lost or mislaid prop if:
1) Finder reports
2) Finder or govt posts notices
3) Specified time passes
What are the elements necessary to create a bailment?
1) Bailor transfers possession of property to Bailee
2) To hold, store, deliver, or for some other purpose
3) Title to prop is not transferred
What are the types of ordinary bailments?
 For the sole benefit of the bailor (gratuitous bailment; bailor request bailee take care of prop; bailee owe duty of slight care, no gross negligence)
 For the sole benefit of the bailee (gratuitous bailment; bailee request to use bailor’s prop; duty of great care, not even slight negligence)
 For the mutual benefit of the bailor and bailee (duty of reasonable care; no ordinary negligence)
What are the types of special bailments?
 Common carriers
 Warehouse companies
 Innkeepers
What are the bailee's rights?
 Exclusive possession of the bailed property
 Use of the bailed property, or
 Compensation for work done or services provided
What are the bailor's duties?
 Pay agreed-upon compensation to bailee
 Not to interfere with bailee’s possessory interest
 Notify bailee of any defects in the bailed property
What is special about a parking lot in reference to bailments?
Valet = bailment. Park yourself = lease.
What are air rights?
Air rights are a type of development right in real estate, referring to the empty space above a property. Generally speaking, owning or renting land or a building gives one the right to use and develop the air rights.
What are freehold estates?
Estate in land: ownership rights in real prop; the rights owner has to possess, use, and enjoy the real prop)
What are the two types of freehold estates?
Estates in fee and life estates
What are the two kinds of estates in fee?
fee simple absolute and fee simple defeasible
What is fee simple absolute in reference to estates in fee?
 Highest form of ownership of real property
 Ownership is infinite in duration, has no limitation on inheritability, and does not end upon the occurrence or nonoccurrence of any event
What is fee simple defeasbile in reference to estates in fee?
 Grants owner all of the incidents of a fee simple absolute except that it may be taken away if a specified condition occurs or does not occur (as long as used as a church)
What is a life estate?
 Interest in property for the life of a specified person (life tenant)
 A life estate terminates upon the death of the named person and reverts back to the grantor or his or her estate or other designated person
 Estate pour autre vie
What is future interest?
 The interest that the grantor retains for himself or herself or a third party
What is reversion?
 Right to possession of real property returns to the grantor after the expiration of a limited or contingent estate
What is remainder?
 Right to possession of real property goes to a third person upon the expiration of a limited or contingent estate
What are the types of concurrent ownership?
Joint tenancy, tenancy in common, tenancy by the entirety, Community property
What is joint tenancy?
 Deceased tenant’s interest automatically passes to co-tenants
 Tenant may transfer his or her interest without consent of co-tenants; transfer severs joint liability
What is tenancy in common?
 Deceased tenant’s interest passes to his or her estate
 Tenant may transfer his or her interest without the consent of co-tenants; transfer does not sever tenancy in common
What is tenancy by the entirety?
Deceased tenant’s interest automatically passes to his or her spouse
 Neither spouse may transfer his or her interest without the other spouse’s consent
What is community property?
Surviving spouse automatically receives 1/2 of community property; other 1/2 passes to heirs
 Neither spouse may transfer his or her interest without the other spouse’s consent
What are the ways in which ownership of real property is transferred?
 Sale
 Tax sale
 Gift, will, or inheritance
 Adverse possession:
What is adverse possession?
statutory period; open, visible and notorious; actual and exclusive; continuous and peaceful; hostile and adverse
What is a deed?
 A writing that describes a person’s ownership interest in a piece of real property
 Seller is grantor; purchaser is grantee
What is a warranty deed?
contains warranties, most importantly to title
What is a quitclaim deed?
only transfers grantor’s interest, no warranties to title or otherwise
What is a recording statute?
 A state statute that requires the mortgage or deed of trust to be recorded in the county recorder’s office of the county in which the real property is located
What is a quiet title action?
An action to quiet title is a lawsuit brought in a court having jurisdiction over land disputes, in order to establish a party's title to real property against anyone and everyone, and thus "quiet" any challenges or claims to the title.
What are easements and how can they exist?
give holder limited use of another’s prop
 May be expressly created by grant or reservation
 May be implied by implication or necessity (right of way to and from landlocked parcel)
What is a landlord-tenant relationship?
 A relationship created when the owner of a freehold estate (landlord) transfers a right to exclusively and temporarily possess the owner’s property to another (tenant)
 Thus, tenant receive nonfreehold estate in prop: right to possession but not title
What is the tenant's interest in a landlord-tenant relationship?
leasehold estate
What are the parties in a landlord-tenant relationship?
 Owner who transfers leasehold = landlord = lessor
 Tenant = lessee
What are the types of tenancies?
Tenancy at will, tenancy at sufferance, Lease
What is tenancy at will?
 Continues at the will of the parties and may be terminated by either party at any time with adequate notice
 Terminates on the death of either party
What is tenancy at sufferance?
 Arises when a tenant wrongfully occupies real property after the expiration of another tenancy or life estate
 Continues until the owner either evicts the tenant or holds him or her over for another term
 Terminates on the death of the tenant
Define a lease tenancy
rental agreement between landlord and tenant’ usually required to be in writing if over one year, must contain essence of terms of agreement
What are the landlord's duties in a tenant-landlord relationship?
 To deliver possession of the leased premises
 Duty to deliver possession
 Duty not to interfere with tenant’s right to quiet enjoyment
 To maintain the leased premises
 Building codes
What is an implied warrant of habitability?
Landlord has implied duty to provide residential premises fit, safe, and suitable for ordinary residential use
What are the tenant's remedies to the landlord's implied warrant of habitability?
Withhold amount defect reduced premises;
Repair defect and reduce cost;
Cancel lease if constructive eviction (severe); or
Sue for damages.
What duty is involved in an implied warrant of habitability?
 Duty of reasonable care to tenants and third parties not to cause them injury
What are a tenant's duties?
 Duty to pay rent
 Duty not to use leased premises for illegal or non-stipulated purposes
 Duty not to commit waste
 Duty not to disturb other tenants
 Duty of reasonable care to persons who enter upon the leased premises
What is an assignment of the lease in regards to transferring rights to leased property?
 Assignment of the lease
 A transfer by a tenant of his or her rights under a lease to another
 Assignor
 The party who transfers the rights
 Assignee
 The party to whom rights have been transferred
What is a sublease in regards to transferring rights to leased property?
 When a tenant transfers only some of his or her rights under the lease
 Sublessor
 The original tenant in a sublease situation
 Sublessee
 The new tenant in a sublease situation
How is land use regulated?
Zoning, Eminent domain
What is eminent domain?
Eminent domain (United States), compulsory purchase (United Kingdom, New Zealand, Ireland), resumption/compulsory acquisition (Australia) or expropriation (South Africa and Canada) in common law legal systems is the inherent power of the state to seize a citizen's private property, expropriate property, or seize a citizen's rights in property with due monetary compensation, but without the owner's consent.
How is zoning enacted?
Zoning Ordinances
Zoning Commission (often can appeal to City Council, then sue)
Variances (hard to get)
Nonconforming uses grandfathered in
What is rent control?
Rent control refers to laws or ordinances that set price controls on the renting of residential housing. It functions as a price ceiling.
What are trade secrets?
PRODUCT FORMULA, PATTERN, DESIGN, COMPILATION OF DATA, CUSTOMER LIST, OR OTHER BUSINESS SECRET
When can a suit for misappropriation be enacted in regards to trade secrets?
1) OBTAIN SECRET THROUGH UNLAWFUL MEANS
2) OWNER MUST TAKE ALL REASONABLE PRECAUTIONS
What laws protect trade secrets?
Unfair competition laws
What is the economic injunction act?
FED CRIME TO CONVERT TRADE SECRET TO HIS OR HER OR OTHER’S BENEFIT, KNOWING OR INTENDING THAT SUCH ACT WOULD CAUSEINJURY TO OWNER OF TRADE SECRET
UNDER ACT, TRADE SECRET DEF IS VERY BROAD.
SEVERE CRIMINAL PENALTIES
Where are patent applications filed?
PATENT APPLICATIONS FILED WITH U.S. PATENT AND TRADEMARK OFFICE
What needs to exist to establish a patent?
NOVEL, USEFUL, AND NONOBVIOUS invention
What can the plaintiff recover in an authorized use of patent suit?
1) MONEY DAMAGES
2) OTHER DAMAGES LIKE LOSS OF CUSTOMERS
3) ORDER REQUIRING DESTRUCTION OF INFRINGING ARTICLE
4) INJUNCTION
TREBLE DAMAGES IF INFRINGEMENT WAS INTENTIONAL.
What is the ONE YEAR ON SALE DOCTRINE
AKA PUBLIC USE DOCTRINE
MUST FILE PATENT WITHIN ONE YEAR OF FIRST USE BY PUBLIC
What is the most basic definition of a copyright?
PROTECTS WRITERS’ RIGHTS IN THEIR WORKS
What did the 1998 COPYRIGHT TERM EXTENSION ACT do?
EXTENDED TERM OF COPYRIGHTS TO AUTHOR’S LIFE PLUS 70 YEARS
What is copyright infringement?
COPYING SUBSTANTIAL AND MATERIAL PART OF PLAINTIFF’S COPYRIGHTED WORK WITHOUT PERMISSION
What can the plaintiff recover in a copyright infringement case?
1) PROFITS BY INFRINGER
2) DAMAGES TO PL
3) ORDER FOR IMPOUNDMENT AND DESTRUCTION OF INFRINGING WORK
4) INJUNCTION
5) DISCRETIONARY STATUTORY DAMAGES $200 INNOCENT INFRINGEMENTS TO $100,000.00 WILFUL INFRINGEMENTS IN LIEU OF DAMAGES
What is the fair use doctrine in regards to copyright laws?
CERTAIN LIMITED UNAUTHORIZED USES OK:
1) QUOTES FOR REVIEW OR CRITICISM IN SCHOLARLY OR TECHNICAL WORK;
2) PARODY OR SATIRE
3) QUOTE IN NEWS REPORT
4) REPRODUCTION BY STUDENT OR TEACHER IN LESSON
5) INCIDENTAL REPRODUCTION IN NEWSREEL OR BROADCAST OF EVENT BEING REPORTED
6) REPRODUCTION IN LEGISLATIVE OR JUDICIAL PROCEEDING
What was the significance of the digital millenium copyright act?
DIFFERENT RULES FOR DIGITAL AND NONDIGITAL COPYRIGHTED WORKS

PROHIBITS UNAUTHORIZED ACCESS TO COPYRIGHTED WORKS
“ MANUFACTURE AND DISTRIB OF TECHNOLOGIES, ETC DESIGNED PRIMARILY TO CIRCUMVENTWRAPPERS OR ENCRYPTION PROTECTION

NEVER BEFORE BEEN CRIMINAL TO ACCESS OR MAKE COPY OF WORK
What are trademarks?
LEGAL PROTECTION FOR NAMES, SLOGANS AND LOGOS
PROTECT OWNER’S INVESTMENT AND GOODWILL IN MARK AND
PREVENT CONSUMER CONFUSION AS TO ORIGIN OF GOODS AND SERVICES
What are the basic rules of a trademark?
REGISTER TRADEMARKS WITH US PTO IN DC
MARK GOOD FOR TEN YEARS, CAN BE RENEWED UNLIMITED TIMES
When can a trademark be registered?
1) MARK IN USE; OR
2) APPLICANT HAS BONA FIDE INTENT TO USE MARK WITHIN 6 MOS. AND ACTUALLY USE WITHIN 6 MOS.
What is required for a trademark to be distinctive?
FOR FED PROTECTION, MARK MUST BE DISTINCTIVE OR HAVE ACQUIRED “SECONDARY MEANING”
What must the plaintiff show in a trademark infringement case?
1) D INFRINGE PL’S TRADEMARK BY USING IT IN UNAUTHORIZED MANNER
2) SUCH USE LIKELY TO CAUSE CONFUSION, MISTAKE, OR DECEPTION OF PUBLIC AS TO ORIGIN OF GOODS OR SERVICES
What can the plaintiff recover in a trademark infringement case?
1) PROFITS MADE BY INFRINGER
2) DAMAGES TO PL’S BUSINESS AND REPUTATION
3) ORDER REQUIRE D TO DESTROY ALL GOODS CONTAINING UNAUTH’D MARK
4) INJUNCTION
What is trade dress?
SECTION 43(A) OF LANHAM ACT PROTECT “LOOK AND FEEL” OF A PRODUCT, PRODUCT’S PACKAGING, OR A SERVICE ESTABLISHMENT
Who is the plaintiff in a criminal law case, and what is their duty?
GOVT (PROSECUTION) IS ALWAYS PLAINTIFF AND ALWAYS HAS BURDEN OF PROOF
BEYOND A REASONABLE DOUBT
Who is the defendant in a criminal law case, and what is their duty?
ACCUSED IS THE DEFENDANT, REP’D BY DEFENSE ATTY
GOVT PAYS FOR ONE IF D CAN’T AFFORD
What is a crime, and how is it punished?
VIOLATION OF A STATUTE FOR WHICH THE GOVT IMPOSES PUNISHMENT, PENALTY MAY BE FINE , IMPRISONMENT, PROBATION, RESTITUTION
What is the main purpose of imprisonment?
MAIN REASON IS TO PUNISH OFFENDER
What is the punishment for a felony?
PUNISHABLE BY IMPRISONMENT FOR MORE THAN ONE YEAR
What do mala in se and mala prohibita mean, and what do they apply to?
Felonies- mala in se (wrong or evil in itself), misdemeanors- mala prohibita (wrong as prohibited)
what is a misdemeanor punishable by?
PUNISHABLE BY ONE YEAR OR LESS IN PRISON
Robbery and burglary are considered?
Felonies
What does actus reus mean?
Guilty Act
How are violations punished?
Fine
What is specific criminal intent?
DESIGNATES SPECIAL MENTAL ELEMENT ABOVE AND BEYOND MENTAL STATE REQ’D FOR ACTUS REUS OF CRIME
What is mens rea?
Guilty mind
What is general criminal intent?
INTENT TO DO WHAT LAW PROHIBITS, NO REQUIREMENT OF INTENT TO DO PRECISE HARM OR PRECISE RESULT
What is the heirarchy of mens rea/criminal intent?
NEGLIGENCE
CRIMINAL NEGLIGENCE, GROSS NEGLIGENCE, RECKLESSNESS
GENERAL INTENT
SPECIFIC INTENT
What types of crimes do not require mens rea?
STATUTORY RAPE, ENVIRONMENTAL LAWS, etc.
What establishes probably cause in an arrest?
SUBSTANTIAL LIKELIHOOD D EITHER COMMITTED OR WILL COMMIT CRIME
What are the two ways an arrest can be made legally?
Get a warrant, WARRANTLESS ARREST if no time
What is booking?
ADMIN PROCEDURE FOR RECRDING ARREST, ETC.
How is the formal charge sought in a serious crime and by whom?
GRAND JURY: PROSECUTOR PUT ON CASE FOR ISSUANCE OF INDICTMENT IF SUFF EVID TO HOLD ACCUSED FOR TRIAL
GRAND JURY NO DETERMINE GUILT
How is a formal charge brought in a lesser crime?
ACCUSED BROUGHT TO MAGISTRATE; IF ENOUGH EVIDENCE, ISSUE BILL OF INFORMATION
What is an arraignment?
D’S ENTRY OF PLEA BEFORE JUDGE
GUILTY, NOT GUILTY, NOLO CONTENDERE
What is nolo contendre?
AGREE TO IMPOSITION OF PENALTY BUT NO ADMIT GUILT (OLD PLEA OF NOBILITY)
CAN NOT BE USED AS EVID OF LIABILITY IN CIVIL TRIAL
GOV’T CAN ACCEPT NOLO CONTENDERE OR REQUIRE PLEA OF GUILTY OR NOT GUILTY
Criminal trial descended from what?
FROM MEDIEVAL RIGHT TO TRIAL BY COMBAT
What are the requirements to charge someone as guilty with a crime?
JURY MUST BE UNANIMOUS FOR VERDICT: GUILTY OR NOT GUILTY
What is money laundering?
CONVERT PROCEEDS OF CRIME INTO APPARENTLY LEGITIMATE FUNDS OR PROPERTY
What is the money laundering act?
PROHIBITS KNOWINGLY FINANCIAL OR MONEY TRANSACTION INVOLVING PROCEEDS OF SPECIFIED UNLAWFUL ACTIVITY (IE NARCOTICS AND WHITE COLLAR CRIME)
What are the penalties for money laundering?
GREATER OF $500K OR TWICE VALUE OF MONEY INVOLVED PLUS UP TO TWENTY YEARS
FORFEITURE OF PROPERTY
FINANCIAL INSTITUTIONS: REVOCATION OF CHARTER
What is robbery?
1) TAKING OF PERSONAL PROPERTY
2) FROM ANOTHER PERSON
3) THROUGH USE OF FEAR OR FORCE

NO FEAR OR USE OF FORCE, NO ROBBERY

AGGRAVATED ROBBERY: ROBBERY WITH A DEADLY WEAPON
What is burglary?
1) UNAUTHORIZED ENTRY INTO A BUILDING
2) WITH THE INTENT TO COMMIT A FELONY

AGGRAVATED OR ARMED BURGLARY CARRY STIFFER PENALTIES
What is larceny?
1) WRONGFUL OR FRAUDULENT TAKING
2) OF ANOTHER PERSON’S PERSONAL PROPERTY

GRAND OR PETIT LARCENY DEPENDING ON VALUE OF PROPERTY TAKEN

THEFT: SOME STATES HAVE DROPPED DISTINCTIONS BETWEEN ABOVE CRIMES AND MERGED INTO THEFT
GRAND THEFT OR PETIT THEFT DEPENDING ON VALUE
What is receiving stolen property?
1) KNOWINGLY RECEIVE STOLEN PROP
2) WITH INTENT TO DEPRIVE RIGHTFUL OWNER OF THE PROP
What is arson?
1) MALICIOUS OR WILFUL
2) BURNING OF A BUILDING

MOST INSURANCE POLICIES EXCLUDE ARSON.

CAN BE BY OWNER OF PROP FOR INSURANCE PROCEEDS
What is forgery?
1) WRITTEN DOCUMENT
2) FRAUDULENTLY MADE OR ALTERED
3) AFFECTNG THE LEGAL LIABILITY OF ANOTHER PERSON


NOTE: REQUIRES FRAUDULENT INTENT
What is extortion?
1) OBTAINING PROPERTY FROM ANOTHER PERSON
2) WITH CONSENT INDUCED BY WRONGFUL USE OF ACTUAL OR THREATENED FORCE, FEAR, OR VIOLENCE

AKA BLACKMAIL IF AGAINST PRIVATE PERSON

TRUTH OR FALSITY OF INFO NO MATTER
EXTORTION BY PUBLIC OFFICIAL IS “EXTORTION UNDER COLOR OF OFFICIAL LIGHT”
What are credit card crimes?
MANY STATES: MISAPPROPRIATION AND USE OF CREDIT CARD AS SEPARATE CRIME

OTHER STATES: FORGERY
What is bad check legislation?
MANY STATES:
MAKE, DRAW , OR DELIVER ACHECK
WITH KNOWLEDGE
INSUFFICIENT FUNDS IN ACCOUNT TO COVER CHECK

SOME STATES: ALSO INTENT TO DEFRAUD PAYEE
(WHAT’S THE DIFFERENCE)
What is qui tam?
CIVIL FALSE CLAIMS ACT DATES FROM 1863
TREBLE DAMAGES PLUS UP TO $10K PER FALSE CLAIM
BAN ON EVER DOING BUSINESS WITH GOVERNMENT EVER AGAIN

GREATEST NUMBER INVOLVE HOSPITALS, MEDICARE, ETC.
What are white collar crimes?
CRIMES BY BUSINESSPEOPLE, USUALLY INVOLVE DECEIT MORE THAN PHYSICAL FORCE
What is embezzlement?
STATUTORY CRIME UNKNOWN AT COMMON LAW
1) FRAUDULENT CONVERSION OF PROPERTY
2) BY PERSON TO WHOM PROPERTY WAS ENTRUSTED

TYPICALLY BY EMPLOYEES, ACCOUNTANTS, LAWYERS, ETC.
What is criminal fraud?
1) OBTAINING TITLE TO PROPERTY
2) THROUGH DECEPTION OR TRICKERY
What are mail and wire fraud?
ARE USE OF MAIL OR TELEPHONES, TELEGRAPHS, AND INTERNET , RESPECTIVELY, TO PERPETRATE FRAUD
What is the maximum penalty for mail and wire fraud?
20 years in prison
What is bribery?
INVOLVES KICKBACKS, PAYOFFS FOR FAVORS, DONE TO INFLUENCE THE DECISION OF A PUBLIC OFFICIAL OR PRIVATE PERSON IN A CORRUPT MANNER
What is the foreign corrupt practices act?
1) MUST INSTALL INTERNAL ACCOUNTING CONTROLS ON ALL FOREIGN TRANSACTIONS
2) ILLEGAL TO BRIBE FOREIGN OFFICIAL
What is rico and what is it's purpose?
MADE TO FIGHT THE MOB, 1) ACQUIRE OR MAINTAIN AN INTEREST IN, USE INCOME FROM, OR CONDUCT OR PARTICIPATE IN THE AFFAIRS OF
2) AN ENTERPRISE
3) THROUGH A PATTERN OF RACKETEERING ACTIVITY
PATTERN OF RACKETEERING ACTIVITY MEANS 2 OR MORE PREDICATE ACTS WITHIN TEN YEAR PERIOD
What are inchoate crimes?
INCOMPLETE CRIMES AND CRIMES IN WHICH NONPARTICIPANTS CAN BE PUNISHED
What is criminal conspiracy?
1) 2 OR MORE PERSONS
2) MAKE AN AGREEMENT
3) TO COMMIT A CRIME
4) AND ONE OVERT ACT IN FURTHERANCE OF THE CRIME
COMMISSION OF CRIME ITSELF IS NOT REQUIRED

GOV’T OFTEN BRINGS CONSPIRACY CHARGES IF
D’S HAVE BEEN THWARTED
OR
INSUFF EVID TO PROVE CRIME ITSELF
What is attempt to commit a crime?
1) INTENT
2) OVERT ACT TAKEN TOWARD COMMISSION OF CRIME
3) FAILURE OF CONSUMMATION
4) APPARENT POSSIBILITY OF COMMISSION
What is aiding and abetting?
HARBORING CRIMINAL AFTER COMMISSION IS AIDING AND ABETTING
What is corporate criminal liability?
TRADITIONAL VIEW: CORP CANNOT BE CRIM LIABLE BECAUSE CORP IS A LEGAL FICTION WHICH LACKS THE CRIMINAL MIND (INTENT, MENS REA) TO COMMIT CRIME

MODERN VIEW: CORP CRIM LIABLE FOR ACTS OF OFFICERS, DIRECTORS, AGENTS, ETC.

CORP CANNOT BE PUT IN JAIL, SO FINES, SANCTIONS, LOSE LICENSES OR FRANCHISE, ETC.
What are the constitutional safeguards against corporate criminal liability?
INCORPORATION DOCTRINE
LOOK AT FOURTEENTH AMENDMENT
What is the basic definition of the 4th amendment searches and seizures?
PROTECTS AGAINST UNREASONABLE SEARCHES AND SEIZURES BY GOVT
What are the details on a warrant for a search?
REASONABLE SEARCHES ARE OK
SEARCH WARRANTS ISSUED ON SHOWING OF PROBABLE CAUSE REQ’D IN
MOST CASES
WARRANT STATES PLACE AND SCOPE OF SEARCH
When are warrantless searches ok?
1) INCIDENT TO ARREST
2) EVID IN PLAIN VIEW, OR
3) LIKELY EVID WILL BE DESTROYED
what standard are warrantless searches judged by?
WARRANTLESS SEARCHES STILL JUDGED BY PROB CAUSE STANDARD, EVID OBTAINED BY UNREASONABLE SEARCH IS TAINTED
What is the “FRUIT OF THE POISONOUS TREE” DOCTRINE?
EXCLUSIONARY RULE
CANNOT BE USED AT TRIAL AGAINST PERSON SEARCHED
BUT CAN BE USED AGAINST OTHERS
What is the exception to the exclusionary rule?
GOOD FAITH EXCEPTION TO EXCLUSIONARY RULE----IF OFFICERS REASONABLY BELIEVED THEY WERE ACTING PURSUANT TO LAWFUL SEARCH WARRANT
When can searches of business premises take place?
NORMAL NEED WARRANT
SOME ACTIVITIES (FIREARMS, LIQUOR, COAL MINES, ETC.) WARRANTLESS OK IF STATUTORY PROCEDURES ARE MET
What is the 5th amendment right against self-incrimination?
ONLY APPLES TO NATURAL PERSONS
CORPS, ETC. CANNOT “TAKE THE 5TH”.
THEREFORE BUSINESS RECORDS ARE DISCOVERABLE
(BUT SOME PRIVATE PAPERS LIKE DIARIES ARE NOT)
What is immunity from prosecution?
DEAL TO GET WITNESS TO TESTIFY AGAINST BIGGER FISH
PARTIAL IMMUNITY, MAYBE PART OF PLEA BARGAIN
Why is the attorney client priveledge necessary?
MUST HAVE SO THAT ACCUSED CAN MOUNT REAL DEFENSE
What recognized priveledges exist other than attorney client?
OTHER RECOGNISED PRIVILEGES:
PSYCH/PATIENT
PRIEST/PENITENT
SPOUSE/SPOUSE
PARENT CHILD
What does the 5th amendment double jeopardy clause say?
ACCUSED CANNOT BE TRIED TWICE FOR SAME CRIME

BUT IF TRIED BY STATE CAN STILL BE TRIED BY FEDS OR DIFFERENT STATE IF APPLICABLE
What are the 6th amendment rights?
1) RIGHT TO TRIAL BY IMPARTIAL JURY IN STATE OR DISTRICT
2) RIGHT TO CONFRONT WITNESSES
3) RIGHT TO COUNSEL
4) RIGHT TO SPEEDY TRIAL
What is your 8th amendment right?
NO CRUEL AND UNUSUAL PUNISHMENT
What is the official name of the patriot act?
FEDERAL ANTITERRORISM ACT OF 2001
What is important about the international criminal court?
US HAS NOT RATIFIED TREATY
(WHY WOULD WE WHEN BELGIUM WANTS TO PROSECUTE RUMSFELD?)