Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
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
|