Business Law Ch.

CHI Crime-business community: Elements of crime(criminal law)l cactus reuse(guilty act) wrongful behavior. 2 men’s area(guilty mind)wrongful state of mind. When liability is assessed without guilty mind it is liability without fault or strict liability ex. Unknowingly selling alcohol to minor. Criminal burden of proof -guilty beyond reasonable doubt civil b. O. P-a preponderance of the evidence(more likely than not).

Classification of crimes:l felony serious crimes punishable by imprisonment for over one year or death 2 misdemeanors less serious punishable by fines or imprisonment sees than one year 3 petty offenses minor misdemeanors punishable by Jail for less than six months or small fine. Common crimes affecting business 1 robbery forceful unlawful taking of property(if no force?not robbery,theft. 2 burglary unlawful entry of building with intent to commit felony. 3 larceny secretive wrongful taking carrying away of property. 4 arson intentional burning of another’s building of property.

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White collar crime 1 bribery offering giving soliciting or receiving of money or object of value for purpose of influencing Judgment or conduct of person in position of trust, offer is enough 2 extortion aka blackmail making threats for purpose of obtaining money or property 3 fraud intentional use of misrepresentation to gain advantage over another, requires 3 elements, material false representation with intent to deceive, victims reasonable reliance on false representation, damages 4 embezzlement wrongful conversion of another’s property by one who is lawfully possessing that property.

RICH racketeering influenced corrupt organizations act one of the most important tools for fighting white collar crime it prohibits persons employed by or associated with an enterprise from engaging in racketeering activity.

Constitutional safeguards amendment protection from unreasonable search and seizure, restrictions placed on warrants amendment prohibits double Jeopardy, right not to incriminate oneself, right to due process 6 amendment(crucial to ensuring fair criminal trials)right to speedy public trial by impartial Jury of peers, informed of accusations, confront witnesses,have watts, counsel at various stages of proceedings 8 amendment no excessive bail or saves fines imposed, cruel unusual punishment 14 amendment extension of guarantee due process to all states not only fed level state IV too, extent of amend protects due process.

CHI Tort law tort civil wrong giving injured party right to bring lawsuit against wrongdoer to recover compensation for injury, goals of tort law, compensate innocent persons injured, prevent private retaliation, reinforce vision of Just society, deter future wrongs. Intentional torts occur when defendant takes action intending that certain consequences will result or knowing they are likely to result. Negligent torts occur when the defendant fails to act in responsible way and thereby subjects others to unreasonable risk of harm.

Strict-liability torts occur when defendant takes action hat is inherently dangerous and cannot ever be undertaken safely. Intentional torts against persons: assault occurs when one person places another in fear or apprehension of immediate offensive bodily contact, battery is intentional unwanted offensive bodily contact. Defamation intentional publication (communication to 3rd party) of false statement harmful to individuals reputation.

Privacy torts: false light close to automation when putridly auto person creates Invalid Impression, puddle disclosure of private facts about a person when someone publicizes a private fact hat a reasonable person would find highly offensive, appropriation for commercial gain when someone uses another persons name likeness voice or other identifying characteristic for commercial gain without permission, intrusion on individuals affairs or seclusion when someone invades persons solitude seclusion or personal affairs when the person has right to expect privacy.

False imprisonment when individual is confined restrained against will for appreciable period of time. Compensatory damages award that puts the in position he would’ve been had the tort not occurred. Nominal damages minimal amount that signifies the defendants behavior was wrongful but caused no harm. Punitive damages punish defendant and deter such future conduct.

Causation is 3rd element of successful negligence claim, has 2 elements actual cause (causation in fact) defendants breach of duty resulted directly in TLS injury, proximate cause refers to the extent to which as a matter of policy a defendant may be held liable for consequences of actions, majority of states proxy cause requires that defendant and injury were foreseeable at time of accident, in minority of states proxy cause exists if deft actions led to TLS harm.

Superseding cause event which occurs after initial act leading to accident substantially causes accident relieves from responsibility (liability) the party whose act started series of events which led to accident since original negligence is no longer the proximate cause. Negligence per SE allows Judge or Jury to infer duty and breach of duty from fact that defend violated criminal statute designed to prevent the type of harm defend incurred.

CHIC Intellectual property result of ones intellectual + creative efforts rather than physical efforts. Trademark distinctive mark word design picture or arrangement that s used by producer in conjunction w/ product, tends to cause consumer to identify product w/ producer, trademarks used in interstate commerce can be protected under Lankan act.

Copyright protects fixed form of expression of original creative idea, most common defense to allegation of CRY infringement is fair-use doctrine which provides that a portion of Card work may be reproduced for purposes of “criticism comment news reporting teaching (including multiple copies for classroom use) scholarship and research”. Patent protects product process invention machine or plant produced by asexual reproduction and meets criteria of being novel useful ND invidious.

Obtaining patent under Lankan act allows holder to license use of his patented idea for royalties as long as the holder doesn’t enter into tying arrangement or cross-licensing. Trade secrets alternative to patent to protect info as TTS which allows holder to sue one who illegally takes a persons TTS if owner can prove that: a TTS actually existed, the defend acquired it thru unlawful means , defend used TTS w/o TLS permission. International protection of intellectual property IP is protected intently primarily treaties including Universal Copyright Convention, Berne Convention, Paris Convention of 1883, TRIPS agreement.

Business law Ch

The relationship teens sole proprietor and sole proprietorship is that the sole proprietor assumes complete ownership of the sole proprietorship. The owner is the business. The proprietor reports income as personal income, is personally liable for all debts, and has unlimited liable for all obligations of the proprietorship. Property of the proprietorship is essential an extension of the proprietor. With that said the courts may find that the proprietor had intentions of selling the bike making it proprietorship property, making it covered under Ferguson Insurance. -1 . Incorporating as a limited liability corporation has its advantages of protecting the shareholders more so than a partnership. Also If they were to create an S corporation they would be able to avoid being double taxed. Income would pass through shareholders like a partnership, paying personal Income taxes on It. 20-1 . No there was never a contract between Wade representing Get for the purchase of the coin, because even though Get Is Interested In purchasing coin Wade acted on his own in representing Get.

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There was never ratification between Get and Wade. Therefore Wade was never an agent for Get. 20-5. Knutson an agent of Danger, who was given the authority to manage the house hold’s financial as well as the mail. Knutson also had the authority to sign Danger’s checks. Under Implied authority, Danger Is liable to New Century Financial Services, Inc. For the balance of the credit card Issued to him, even though he had no knowledge of the card. Danger had granted Knutson these authorities to manage these affairs.