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160 Cards in this Set
- Front
- Back
JUS GENTIUM means?
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The Law of Nations
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Who enforces international law?
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The parties themselves
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What type of system is international law?
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Anarchic
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Difference between treaties and conventions in international law?
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TREATIES AND CONVENTIONS ARE ESSENTIALLY THE SAME THING, EXCEPT CONVENTIONS ARE GENERALLY MULTI-LATERAL TREATIES
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What does PACTA SUNT SERVANDA mean?
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TREATIES ARE TO BE OBSERVED
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What article outlines the rules of international war?
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Common Article 3
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Who are the players in international law?
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SOVEREIGNS (BASICALLY NATION-STATES)
INTERNATIONAL ORGANIZATIONS INCREASINGLY NGO’S, NON-STATE ENTITIES LIKE PLO, KURDS, ANC, |
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The law of war is also called
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Law of armed conflict
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What is the basic idea of the law of war?
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BASIC IDEA IS TO MAKE WAR AS HUMANE AS POSSIBLE.
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What are the basic rules of the law of war?
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PROPORTIONALITY, NECESSITY,ECONOMY OF FORCE
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What does proportionality mean in the law of war?
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THE MEANS EMPLOYED MUST BE PROPORTIONAL TO THE GOAL ATTAINED
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What does necessity mean in the law of war?
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THE RIGHT TO USE ANY DEGREE OF FORCE, NOT FORBIDDEN, NECESSARY TO ACHIEVE THE OBJECTIVE SOUGHT
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What does economy of force mean in the law of war?
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RESOURCES ARE SCARCE; THEREFORE ONE SHOULD NOT WASTE THEM ON E.G. CIVILIANS WHO ARE NOT FIGHTING
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What are two other important concepts in the law of war outside of the basic components?
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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. |
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What are the two kinds of property?
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personal and real
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What is personal property?
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(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 |
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What is real property?
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The land itself as well as buildings, trees, soil, minerals, timber, plants, and other things permanently affixed to the land
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What are seven ways to acquire personal property?
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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 |
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What are the two parties considered in personal property transferred by gift?
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Giver is donor, receiver is donee.
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What are the elements of a valid gift of personal property?
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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 |
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How does Gruen v. Gruen relate to personal property?
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(Gift of painting from father to son)
This was constructive delivery; life estate was retained |
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What are the ownership rights in mislaid property?
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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
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What are the ownership rights in lost property?
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Finder acquires title to the property against the whole world except the true owner
Owner may reclaim his or her property from the finder |
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What are the ownership rights in abandoned property?
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Finder acquires title to the property, even against its original owner
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What are estray statutes?
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Finder gets clear title to lost or mislaid prop if:
1) Finder reports 2) Finder or govt posts notices 3) Specified time passes |
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What are the elements necessary to create a bailment?
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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 |
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What are the types of ordinary bailments?
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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) |
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What are the types of special bailments?
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Common carriers
Warehouse companies Innkeepers |
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What are the bailee's rights?
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Exclusive possession of the bailed property
Use of the bailed property, or Compensation for work done or services provided |
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What are the bailor's duties?
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Pay agreed-upon compensation to bailee
Not to interfere with bailee’s possessory interest Notify bailee of any defects in the bailed property |
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What is special about a parking lot in reference to bailments?
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Valet = bailment. Park yourself = lease.
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What are air rights?
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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.
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What are freehold estates?
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Estate in land: ownership rights in real prop; the rights owner has to possess, use, and enjoy the real prop)
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What are the two types of freehold estates?
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Estates in fee and life estates
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What are the two kinds of estates in fee?
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fee simple absolute and fee simple defeasible
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What is fee simple absolute in reference to estates in fee?
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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 |
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What is fee simple defeasbile in reference to estates in fee?
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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)
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What is a life estate?
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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 |
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What is future interest?
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The interest that the grantor retains for himself or herself or a third party
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What is reversion?
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Right to possession of real property returns to the grantor after the expiration of a limited or contingent estate
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What is remainder?
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Right to possession of real property goes to a third person upon the expiration of a limited or contingent estate
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What are the types of concurrent ownership?
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Joint tenancy, tenancy in common, tenancy by the entirety, Community property
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What is joint tenancy?
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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 |
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What is tenancy in common?
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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 |
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What is tenancy by the entirety?
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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 |
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What is community property?
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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 |
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What are the ways in which ownership of real property is transferred?
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Sale
Tax sale Gift, will, or inheritance Adverse possession: |
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What is adverse possession?
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statutory period; open, visible and notorious; actual and exclusive; continuous and peaceful; hostile and adverse
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What is a deed?
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A writing that describes a person’s ownership interest in a piece of real property
Seller is grantor; purchaser is grantee |
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What is a warranty deed?
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contains warranties, most importantly to title
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What is a quitclaim deed?
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only transfers grantor’s interest, no warranties to title or otherwise
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What is a recording statute?
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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
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What is a quiet title action?
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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.
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What are easements and how can they exist?
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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) |
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What is a landlord-tenant relationship?
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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 |
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What is the tenant's interest in a landlord-tenant relationship?
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leasehold estate
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What are the parties in a landlord-tenant relationship?
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Owner who transfers leasehold = landlord = lessor
Tenant = lessee |
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What are the types of tenancies?
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Tenancy at will, tenancy at sufferance, Lease
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What is tenancy at will?
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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 |
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What is tenancy at sufferance?
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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 |
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Define a lease tenancy
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rental agreement between landlord and tenant’ usually required to be in writing if over one year, must contain essence of terms of agreement
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What are the landlord's duties in a tenant-landlord relationship?
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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 |
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What is an implied warrant of habitability?
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Landlord has implied duty to provide residential premises fit, safe, and suitable for ordinary residential use
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What are the tenant's remedies to the landlord's implied warrant of habitability?
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Withhold amount defect reduced premises;
Repair defect and reduce cost; Cancel lease if constructive eviction (severe); or Sue for damages. |
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What duty is involved in an implied warrant of habitability?
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Duty of reasonable care to tenants and third parties not to cause them injury
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What are a tenant's duties?
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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 |
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What is an assignment of the lease in regards to transferring rights to leased property?
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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 |
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What is a sublease in regards to transferring rights to leased property?
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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 |
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How is land use regulated?
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Zoning, Eminent domain
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What is eminent domain?
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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.
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How is zoning enacted?
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Zoning Ordinances
Zoning Commission (often can appeal to City Council, then sue) Variances (hard to get) Nonconforming uses grandfathered in |
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What is rent control?
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Rent control refers to laws or ordinances that set price controls on the renting of residential housing. It functions as a price ceiling.
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What are trade secrets?
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PRODUCT FORMULA, PATTERN, DESIGN, COMPILATION OF DATA, CUSTOMER LIST, OR OTHER BUSINESS SECRET
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When can a suit for misappropriation be enacted in regards to trade secrets?
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1) OBTAIN SECRET THROUGH UNLAWFUL MEANS
2) OWNER MUST TAKE ALL REASONABLE PRECAUTIONS |
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What laws protect trade secrets?
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Unfair competition laws
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What is the economic injunction act?
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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 |
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Where are patent applications filed?
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PATENT APPLICATIONS FILED WITH U.S. PATENT AND TRADEMARK OFFICE
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What needs to exist to establish a patent?
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NOVEL, USEFUL, AND NONOBVIOUS invention
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What can the plaintiff recover in an authorized use of patent suit?
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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. |
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What is the ONE YEAR ON SALE DOCTRINE
AKA PUBLIC USE DOCTRINE |
MUST FILE PATENT WITHIN ONE YEAR OF FIRST USE BY PUBLIC
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What is the most basic definition of a copyright?
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PROTECTS WRITERS’ RIGHTS IN THEIR WORKS
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What did the 1998 COPYRIGHT TERM EXTENSION ACT do?
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EXTENDED TERM OF COPYRIGHTS TO AUTHOR’S LIFE PLUS 70 YEARS
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What is copyright infringement?
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COPYING SUBSTANTIAL AND MATERIAL PART OF PLAINTIFF’S COPYRIGHTED WORK WITHOUT PERMISSION
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What can the plaintiff recover in a copyright infringement case?
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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 |
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What is the fair use doctrine in regards to copyright laws?
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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 |
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What was the significance of the digital millenium copyright act?
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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 |
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What are trademarks?
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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 |
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What are the basic rules of a trademark?
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REGISTER TRADEMARKS WITH US PTO IN DC
MARK GOOD FOR TEN YEARS, CAN BE RENEWED UNLIMITED TIMES |
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When can a trademark be registered?
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1) MARK IN USE; OR
2) APPLICANT HAS BONA FIDE INTENT TO USE MARK WITHIN 6 MOS. AND ACTUALLY USE WITHIN 6 MOS. |
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What is required for a trademark to be distinctive?
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FOR FED PROTECTION, MARK MUST BE DISTINCTIVE OR HAVE ACQUIRED “SECONDARY MEANING”
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What must the plaintiff show in a trademark infringement case?
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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 |
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What can the plaintiff recover in a trademark infringement case?
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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 |
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What is trade dress?
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SECTION 43(A) OF LANHAM ACT PROTECT “LOOK AND FEEL” OF A PRODUCT, PRODUCT’S PACKAGING, OR A SERVICE ESTABLISHMENT
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Who is the plaintiff in a criminal law case, and what is their duty?
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GOVT (PROSECUTION) IS ALWAYS PLAINTIFF AND ALWAYS HAS BURDEN OF PROOF
BEYOND A REASONABLE DOUBT |
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Who is the defendant in a criminal law case, and what is their duty?
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ACCUSED IS THE DEFENDANT, REP’D BY DEFENSE ATTY
GOVT PAYS FOR ONE IF D CAN’T AFFORD |
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What is a crime, and how is it punished?
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VIOLATION OF A STATUTE FOR WHICH THE GOVT IMPOSES PUNISHMENT, PENALTY MAY BE FINE , IMPRISONMENT, PROBATION, RESTITUTION
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What is the main purpose of imprisonment?
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MAIN REASON IS TO PUNISH OFFENDER
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What is the punishment for a felony?
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PUNISHABLE BY IMPRISONMENT FOR MORE THAN ONE YEAR
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What do mala in se and mala prohibita mean, and what do they apply to?
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Felonies- mala in se (wrong or evil in itself), misdemeanors- mala prohibita (wrong as prohibited)
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what is a misdemeanor punishable by?
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PUNISHABLE BY ONE YEAR OR LESS IN PRISON
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Robbery and burglary are considered?
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Felonies
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What does actus reus mean?
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Guilty Act
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How are violations punished?
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Fine
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What is specific criminal intent?
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DESIGNATES SPECIAL MENTAL ELEMENT ABOVE AND BEYOND MENTAL STATE REQ’D FOR ACTUS REUS OF CRIME
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What is mens rea?
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Guilty mind
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What is general criminal intent?
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INTENT TO DO WHAT LAW PROHIBITS, NO REQUIREMENT OF INTENT TO DO PRECISE HARM OR PRECISE RESULT
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What is the heirarchy of mens rea/criminal intent?
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NEGLIGENCE
CRIMINAL NEGLIGENCE, GROSS NEGLIGENCE, RECKLESSNESS GENERAL INTENT SPECIFIC INTENT |
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What types of crimes do not require mens rea?
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STATUTORY RAPE, ENVIRONMENTAL LAWS, etc.
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What establishes probably cause in an arrest?
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SUBSTANTIAL LIKELIHOOD D EITHER COMMITTED OR WILL COMMIT CRIME
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What are the two ways an arrest can be made legally?
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Get a warrant, WARRANTLESS ARREST if no time
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What is booking?
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ADMIN PROCEDURE FOR RECRDING ARREST, ETC.
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How is the formal charge sought in a serious crime and by whom?
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GRAND JURY: PROSECUTOR PUT ON CASE FOR ISSUANCE OF INDICTMENT IF SUFF EVID TO HOLD ACCUSED FOR TRIAL
GRAND JURY NO DETERMINE GUILT |
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How is a formal charge brought in a lesser crime?
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ACCUSED BROUGHT TO MAGISTRATE; IF ENOUGH EVIDENCE, ISSUE BILL OF INFORMATION
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What is an arraignment?
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D’S ENTRY OF PLEA BEFORE JUDGE
GUILTY, NOT GUILTY, NOLO CONTENDERE |
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What is nolo contendre?
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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 |
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Criminal trial descended from what?
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FROM MEDIEVAL RIGHT TO TRIAL BY COMBAT
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What are the requirements to charge someone as guilty with a crime?
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JURY MUST BE UNANIMOUS FOR VERDICT: GUILTY OR NOT GUILTY
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What is money laundering?
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CONVERT PROCEEDS OF CRIME INTO APPARENTLY LEGITIMATE FUNDS OR PROPERTY
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What is the money laundering act?
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PROHIBITS KNOWINGLY FINANCIAL OR MONEY TRANSACTION INVOLVING PROCEEDS OF SPECIFIED UNLAWFUL ACTIVITY (IE NARCOTICS AND WHITE COLLAR CRIME)
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What are the penalties for money laundering?
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GREATER OF $500K OR TWICE VALUE OF MONEY INVOLVED PLUS UP TO TWENTY YEARS
FORFEITURE OF PROPERTY FINANCIAL INSTITUTIONS: REVOCATION OF CHARTER |
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What is robbery?
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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 |
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What is burglary?
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1) UNAUTHORIZED ENTRY INTO A BUILDING
2) WITH THE INTENT TO COMMIT A FELONY AGGRAVATED OR ARMED BURGLARY CARRY STIFFER PENALTIES |
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What is larceny?
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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 |
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What is receiving stolen property?
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1) KNOWINGLY RECEIVE STOLEN PROP
2) WITH INTENT TO DEPRIVE RIGHTFUL OWNER OF THE PROP |
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What is arson?
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1) MALICIOUS OR WILFUL
2) BURNING OF A BUILDING MOST INSURANCE POLICIES EXCLUDE ARSON. CAN BE BY OWNER OF PROP FOR INSURANCE PROCEEDS |
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What is forgery?
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1) WRITTEN DOCUMENT
2) FRAUDULENTLY MADE OR ALTERED 3) AFFECTNG THE LEGAL LIABILITY OF ANOTHER PERSON NOTE: REQUIRES FRAUDULENT INTENT |
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What is extortion?
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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” |
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What are credit card crimes?
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MANY STATES: MISAPPROPRIATION AND USE OF CREDIT CARD AS SEPARATE CRIME
OTHER STATES: FORGERY |
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What is bad check legislation?
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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) |
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What is qui tam?
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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. |
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What are white collar crimes?
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CRIMES BY BUSINESSPEOPLE, USUALLY INVOLVE DECEIT MORE THAN PHYSICAL FORCE
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What is embezzlement?
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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. |
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What is criminal fraud?
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1) OBTAINING TITLE TO PROPERTY
2) THROUGH DECEPTION OR TRICKERY |
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What are mail and wire fraud?
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ARE USE OF MAIL OR TELEPHONES, TELEGRAPHS, AND INTERNET , RESPECTIVELY, TO PERPETRATE FRAUD
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What is the maximum penalty for mail and wire fraud?
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20 years in prison
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What is bribery?
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INVOLVES KICKBACKS, PAYOFFS FOR FAVORS, DONE TO INFLUENCE THE DECISION OF A PUBLIC OFFICIAL OR PRIVATE PERSON IN A CORRUPT MANNER
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What is the foreign corrupt practices act?
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1) MUST INSTALL INTERNAL ACCOUNTING CONTROLS ON ALL FOREIGN TRANSACTIONS
2) ILLEGAL TO BRIBE FOREIGN OFFICIAL |
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What is rico and what is it's purpose?
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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 |
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What are inchoate crimes?
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INCOMPLETE CRIMES AND CRIMES IN WHICH NONPARTICIPANTS CAN BE PUNISHED
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What is criminal conspiracy?
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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 |
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What is attempt to commit a crime?
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1) INTENT
2) OVERT ACT TAKEN TOWARD COMMISSION OF CRIME 3) FAILURE OF CONSUMMATION 4) APPARENT POSSIBILITY OF COMMISSION |
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What is aiding and abetting?
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HARBORING CRIMINAL AFTER COMMISSION IS AIDING AND ABETTING
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What is corporate criminal liability?
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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. |
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What are the constitutional safeguards against corporate criminal liability?
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INCORPORATION DOCTRINE
LOOK AT FOURTEENTH AMENDMENT |
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What is the basic definition of the 4th amendment searches and seizures?
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PROTECTS AGAINST UNREASONABLE SEARCHES AND SEIZURES BY GOVT
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What are the details on a warrant for a search?
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REASONABLE SEARCHES ARE OK
SEARCH WARRANTS ISSUED ON SHOWING OF PROBABLE CAUSE REQ’D IN MOST CASES WARRANT STATES PLACE AND SCOPE OF SEARCH |
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When are warrantless searches ok?
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1) INCIDENT TO ARREST
2) EVID IN PLAIN VIEW, OR 3) LIKELY EVID WILL BE DESTROYED |
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what standard are warrantless searches judged by?
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WARRANTLESS SEARCHES STILL JUDGED BY PROB CAUSE STANDARD, EVID OBTAINED BY UNREASONABLE SEARCH IS TAINTED
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What is the “FRUIT OF THE POISONOUS TREE” DOCTRINE?
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EXCLUSIONARY RULE
CANNOT BE USED AT TRIAL AGAINST PERSON SEARCHED BUT CAN BE USED AGAINST OTHERS |
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What is the exception to the exclusionary rule?
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GOOD FAITH EXCEPTION TO EXCLUSIONARY RULE----IF OFFICERS REASONABLY BELIEVED THEY WERE ACTING PURSUANT TO LAWFUL SEARCH WARRANT
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When can searches of business premises take place?
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NORMAL NEED WARRANT
SOME ACTIVITIES (FIREARMS, LIQUOR, COAL MINES, ETC.) WARRANTLESS OK IF STATUTORY PROCEDURES ARE MET |
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What is the 5th amendment right against self-incrimination?
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ONLY APPLES TO NATURAL PERSONS
CORPS, ETC. CANNOT “TAKE THE 5TH”. THEREFORE BUSINESS RECORDS ARE DISCOVERABLE (BUT SOME PRIVATE PAPERS LIKE DIARIES ARE NOT) |
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What is immunity from prosecution?
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DEAL TO GET WITNESS TO TESTIFY AGAINST BIGGER FISH
PARTIAL IMMUNITY, MAYBE PART OF PLEA BARGAIN |
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Why is the attorney client priveledge necessary?
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MUST HAVE SO THAT ACCUSED CAN MOUNT REAL DEFENSE
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What recognized priveledges exist other than attorney client?
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OTHER RECOGNISED PRIVILEGES:
PSYCH/PATIENT PRIEST/PENITENT SPOUSE/SPOUSE PARENT CHILD |
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What does the 5th amendment double jeopardy clause say?
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ACCUSED CANNOT BE TRIED TWICE FOR SAME CRIME
BUT IF TRIED BY STATE CAN STILL BE TRIED BY FEDS OR DIFFERENT STATE IF APPLICABLE |
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What are the 6th amendment rights?
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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 |
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What is your 8th amendment right?
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NO CRUEL AND UNUSUAL PUNISHMENT
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What is the official name of the patriot act?
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FEDERAL ANTITERRORISM ACT OF 2001
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What is important about the international criminal court?
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US HAS NOT RATIFIED TREATY
(WHY WOULD WE WHEN BELGIUM WANTS TO PROSECUTE RUMSFELD?) |