Business Law Quiz 1

Front 1

Fourth Amendment

Back 1

Prohibits “unreasonable search and seizure”
Protects the right of individuals to be secure in:
their persons
their homes
their personal property
Probable cause needs to be presented to Judge to get a warrant

Front 2

Exceptions to the Fourth Amendment

Back 2

- Search Incident to Lawful Arrest
- Plain View
- Consent
- Stop and Frisk
- Automobile Exception
- Emergencies/Hot Pursuit
- Evidence that can be moved or destroyed

Front 3

Fifth Amendment

Back 3

DUE PROCESS
- Government cannot deprive a person of life, liberty, or property
Protection against double jeopardy
Privilege against self-incrimination
“Taking Clause”
-When government takes private property for public use, it must pay the owner just compensation, or fair market value, for his/her property
-A regulation that so substantially interferes with an individual’s use of property may = “taking”

Front 4

Sixth Amendment

Back 4

Right to a speedy and public trial
Right to trial by impartial jury of peers
Right to be informed of accusations
Right to confront witnesses
Right to counsel

Front 5

Ninth Amendment

Back 5

Right to privacy

Front 6

Fourteenth Amendment

Back 6

DUE PROCESS
Contains the equal protection clause which prohibits state, local, and federal government from denying equal protection of the laws to citizens
Does not prohibit all different treatment!

Front 7

Actus Reus

Back 7

Wrongful behavior ; guilty act

Front 8

Mens rea

Back 8

Wrongful state of mind ; guilty mind

Front 9

False Claims Act

Back 9

Allows employee to sue their employer for fraud on behalf of the government

Front 10

RICO

Back 10

Prohibits persons employed by or associated with enterprise from engaging in a pattern of racketeering activity
- To fight organized crime - broad scope of application

Front 11

Racketeering activity

Back 11

Enumerated state and federal crimes including gambling, counterfeiting, arson, narcotic bribery, embezzlement, mail/wire fraud

Front 12

The Sarbanes-Oxley Act

Back 12

improve corporate governance, eliminate conflict of interest, and to instill investor interest
Federal statute with far reaching rules passed by Congress in response to the business scandals of the early 2000s
Checks and balances

Front 13

Burden of proof

Back 13

production of evidence and the burden of persuasion
prosecution must produce any tangible evidence and testimony to prove the elements of the crime that the defendant allegedly commited

Front 14

White collar crimes (Include)

Back 14

bribery, extortion, fraud, embezzlement, computer crimes

Front 15

Why is embezzlement different?

Back 15

When the person is already in possession of what they "steal"

Front 16

White collar crime

Back 16

variety of nonviolent illegal acts against society that occur most frequently in the business context

Front 17

Prosecutorial discretion

Back 17

Prosecutor can decide to take a case or not

Front 18

Commerce Clause

Back 18

grants the federal government the authority to pass regulations that significantly effect interstate commerce

Front 19

Police powers

Back 19

residual powers retained by states to pass laws to safeguard the health and welfare of their citizens

Front 20

Dormant Commerce Clause

Back 20

prohibits states from passing laws that significantly interfere with interstate commerce

Front 21

Privilleges and immunities clause

Back 21

prohibits states from discriminating against citizens of other states

Front 22

full faith and credit clause

Back 22

in civil matters, courts in all states must uphold rights established by legal documents

Front 23

contract clause

Back 23

congress cannot pass laws that unreasonably interfere with existing contracts