©THEBRIGHT EXAM SOLUTIONS
11/05/2024 1:06 AM
LEGL 2700 Exam Study Guide.
Crime - answer✔- a wrong against society
Elements of a Crime - answer✔a) Mens Rea - mental state of whoever commits crime at the time they
commit the crime {guilty mind}
b) Actus Resus - in reference to the physical act, must be voluntary and conscience {guilty act}
General Intent - answer✔- intention to do the act that constitues the crime
Specfic Intent - answer✔- intention to achieve the harmful result (example: willfully, knowningly)
Reckless Conduct - answer✔- some states have laws in place that enforce intent with reckless conduct,
could potentially harm someone
Felony - answer✔- commenced by a Grand Jury Indictment
- Fine or imprisonment 1 year or more
Misdemeanor - answer✔- commenced when the government files a charge called an information
- Fine or imprisonment less than 1 year
Pleas - answer✔1) not guilty
2) guilty
3) Nolo Contendere
- stands for no contest
- allows for sentencing as if there had been a guilty plea
- allows one to avoid the cost of trial
White Collar Crime - answer✔- any illegal offense that occurs in a business or professional setting that is
committed to harm the business or for personal gains
- Most major corporations have compliance programs and internal audit systems to prevent and detect
these types of crimes
Fraud - answer✔1) defendant made a false statement
, ©THEBRIGHT EXAM SOLUTIONS
11/05/2024 1:06 AM
2) defendent knew the statement was false or was recklessly indifferent regarding its truth
3) defendent intended for the other party to rely on the false statement
4) creates criminal liability
Civil vs Criminal Fraud - answer✔- criminal law no body cares if it was intentional or not, what they did
was so bad that they must be punished
- reliance factor is not the same for civil
Fines/Imprisonment for Fraud - answer✔- are exerted on individuals who knowingly and willfully 1)
falsify, concel, or cover up any trick, scheme, or device a material fact
2) make any materially false, fictious, or fradulent statement or representation
3) make or use any false writing or document knowingly the same to contain materially false, fictitious,
or fradulent statement or entry
Theft By Deception - answer✔- A person intentionally creates or reinforces an impression that is false -
person fails correct an impression that is false, and that the person does not believe to be true if there is
a confidential or fiduciary relationship between parties
- a person pervents another from acquiring informantion that is relevant to a transaction
- a person fails to disclose a know lien or legal impediment to property being transferred
Mail and Wire Fraud (Federal Crime) - answer✔- mail fraud - unlawful to use the US Postal Services (or
other any interstate carried like FedEx or UPS) to defraud someone
Wire Fraud - answer✔- unlawful to use any electronic means of interstatement communication to
defraud someone
False - answer✔- known to be untrue or made with reckless indifference to its truth or falsity
Defraud - answer✔- the material fact is vital to a reasonabale person in determining whether to engage
in a particular transaction
Intent - answer✔- to act knowingly and with the specific intent to defraud someone
Class examples - answer✔- fake invoice sent in the mail to persuade somone you own money (mail)
- phone call spam to elderly money (phone)
- wire fraud to scams around tax season
Securities Fraud - answer✔- rule 10b of the Securities and Exchange Commission and the Securities
Exchange Act of 1934 make fraud in the purchase or sale of a security fraud a federal crime
Health Care Fraud - answer✔- prosecution of false claims under the False Claims Act
11/05/2024 1:06 AM
LEGL 2700 Exam Study Guide.
Crime - answer✔- a wrong against society
Elements of a Crime - answer✔a) Mens Rea - mental state of whoever commits crime at the time they
commit the crime {guilty mind}
b) Actus Resus - in reference to the physical act, must be voluntary and conscience {guilty act}
General Intent - answer✔- intention to do the act that constitues the crime
Specfic Intent - answer✔- intention to achieve the harmful result (example: willfully, knowningly)
Reckless Conduct - answer✔- some states have laws in place that enforce intent with reckless conduct,
could potentially harm someone
Felony - answer✔- commenced by a Grand Jury Indictment
- Fine or imprisonment 1 year or more
Misdemeanor - answer✔- commenced when the government files a charge called an information
- Fine or imprisonment less than 1 year
Pleas - answer✔1) not guilty
2) guilty
3) Nolo Contendere
- stands for no contest
- allows for sentencing as if there had been a guilty plea
- allows one to avoid the cost of trial
White Collar Crime - answer✔- any illegal offense that occurs in a business or professional setting that is
committed to harm the business or for personal gains
- Most major corporations have compliance programs and internal audit systems to prevent and detect
these types of crimes
Fraud - answer✔1) defendant made a false statement
, ©THEBRIGHT EXAM SOLUTIONS
11/05/2024 1:06 AM
2) defendent knew the statement was false or was recklessly indifferent regarding its truth
3) defendent intended for the other party to rely on the false statement
4) creates criminal liability
Civil vs Criminal Fraud - answer✔- criminal law no body cares if it was intentional or not, what they did
was so bad that they must be punished
- reliance factor is not the same for civil
Fines/Imprisonment for Fraud - answer✔- are exerted on individuals who knowingly and willfully 1)
falsify, concel, or cover up any trick, scheme, or device a material fact
2) make any materially false, fictious, or fradulent statement or representation
3) make or use any false writing or document knowingly the same to contain materially false, fictitious,
or fradulent statement or entry
Theft By Deception - answer✔- A person intentionally creates or reinforces an impression that is false -
person fails correct an impression that is false, and that the person does not believe to be true if there is
a confidential or fiduciary relationship between parties
- a person pervents another from acquiring informantion that is relevant to a transaction
- a person fails to disclose a know lien or legal impediment to property being transferred
Mail and Wire Fraud (Federal Crime) - answer✔- mail fraud - unlawful to use the US Postal Services (or
other any interstate carried like FedEx or UPS) to defraud someone
Wire Fraud - answer✔- unlawful to use any electronic means of interstatement communication to
defraud someone
False - answer✔- known to be untrue or made with reckless indifference to its truth or falsity
Defraud - answer✔- the material fact is vital to a reasonabale person in determining whether to engage
in a particular transaction
Intent - answer✔- to act knowingly and with the specific intent to defraud someone
Class examples - answer✔- fake invoice sent in the mail to persuade somone you own money (mail)
- phone call spam to elderly money (phone)
- wire fraud to scams around tax season
Securities Fraud - answer✔- rule 10b of the Securities and Exchange Commission and the Securities
Exchange Act of 1934 make fraud in the purchase or sale of a security fraud a federal crime
Health Care Fraud - answer✔- prosecution of false claims under the False Claims Act
