BUL 4421 QUESTIONS AND ANSWERS LATEST
UPDATE (ALREADY GRADED A+).
Evidence found when an officer uses an incorrect search warrant but is acting in good faith, is
admissible in court.
Good-Faith Exception
Illegally obtained evidence may be used in trial if it would have been "inevitably" obtained by officers
using lawful means.
The Inevitability Exception
Tools for Fighting Business Crime (3)
1. Racketeering Influenced and Corrupt Organizations Act ("RICO")
2. False Claims Act
3. Sarbanes-Oxley Act
Prevents legitimate businesses from serving as covers for racketeering.
Racketeering Influenced and Corrupt Organizations Act ("RICO")
Since 1986, allows employees to sue employers on behalf of the federal government for fraud against
the government. The employee retains a share of the recovery as a reward for his or her efforts.
False Claims Act
Federal law that criminalizes specific nonaudit services when they are provided by a registered
accounting firm to an audit client; also increases white-collar offenses.
Sarbanes-Oxley Act (aka the Public Accounting Reform and Investor Protection Act of 2002)
Chapter 8: Tort Law
Chapter 8: Tort Law
Types of Torts (3):
1. Intentional Tort
2. Negligent Tort
3. Strict-Liability Tort
A civil wrong resulting from an intentional act committed on the person, property, or economic
interest of another. (Ex: assault, battery, conversion, false imprisonment, intentional infliction of
emotional stress, trespass to land, and trespass to chattels).
Intentional Tort
, A civil wrong that occurs when the defendant acts in a way that subjects people to an unreasonable
risk of harm. (Ex: the defendant is careless, to someone else's detriment). Usually used to acheive
compensation for accidents or injury.
Negligent Tort
A civil wrong that occurs when the defendant takes an action that is inherently dangerous and cannot
ever be undertaken safely, no matter what precautions the defendant takes. The defendant is liable
for the plaintiff's damages without any requirement that the plaintiff prove that the defendant was
negligent.
Strict-Liability Tort
Which tort includes:
1. Intent to harm not needed
2. Merely need intent to engage in a specific act, which ultimately results in an injury, physical or
economic, to another.
3. Motive is not required to prove liability.
4. Tort law assumes people intend normal consequences of their actions.
Intentional Torts
Example of torts against persons:
Journals including evidence of self-harm
Example of torts against property:
Had the key to do harm to a property
Example of torts against economic interest:
Insider trading
When one person places another in fear or apprehension of an immediate, offensive bodily contact.
Assault
To be assault, it must be (3):
1. The apprehension must be reasonable.
2. The threat of harm must be immediate.
3. Words alone without a sign of action usually insufficient to constitute an assault.
Intentional, unwanted, offensive bodily contact:
Battery
Defenses to Battery include (4):
1. Consent (battery did not occur because the other party agreed to the contact).
2. Self-Defense (you responded to the unwanted contact with comparable force to defend yourself).
UPDATE (ALREADY GRADED A+).
Evidence found when an officer uses an incorrect search warrant but is acting in good faith, is
admissible in court.
Good-Faith Exception
Illegally obtained evidence may be used in trial if it would have been "inevitably" obtained by officers
using lawful means.
The Inevitability Exception
Tools for Fighting Business Crime (3)
1. Racketeering Influenced and Corrupt Organizations Act ("RICO")
2. False Claims Act
3. Sarbanes-Oxley Act
Prevents legitimate businesses from serving as covers for racketeering.
Racketeering Influenced and Corrupt Organizations Act ("RICO")
Since 1986, allows employees to sue employers on behalf of the federal government for fraud against
the government. The employee retains a share of the recovery as a reward for his or her efforts.
False Claims Act
Federal law that criminalizes specific nonaudit services when they are provided by a registered
accounting firm to an audit client; also increases white-collar offenses.
Sarbanes-Oxley Act (aka the Public Accounting Reform and Investor Protection Act of 2002)
Chapter 8: Tort Law
Chapter 8: Tort Law
Types of Torts (3):
1. Intentional Tort
2. Negligent Tort
3. Strict-Liability Tort
A civil wrong resulting from an intentional act committed on the person, property, or economic
interest of another. (Ex: assault, battery, conversion, false imprisonment, intentional infliction of
emotional stress, trespass to land, and trespass to chattels).
Intentional Tort
, A civil wrong that occurs when the defendant acts in a way that subjects people to an unreasonable
risk of harm. (Ex: the defendant is careless, to someone else's detriment). Usually used to acheive
compensation for accidents or injury.
Negligent Tort
A civil wrong that occurs when the defendant takes an action that is inherently dangerous and cannot
ever be undertaken safely, no matter what precautions the defendant takes. The defendant is liable
for the plaintiff's damages without any requirement that the plaintiff prove that the defendant was
negligent.
Strict-Liability Tort
Which tort includes:
1. Intent to harm not needed
2. Merely need intent to engage in a specific act, which ultimately results in an injury, physical or
economic, to another.
3. Motive is not required to prove liability.
4. Tort law assumes people intend normal consequences of their actions.
Intentional Torts
Example of torts against persons:
Journals including evidence of self-harm
Example of torts against property:
Had the key to do harm to a property
Example of torts against economic interest:
Insider trading
When one person places another in fear or apprehension of an immediate, offensive bodily contact.
Assault
To be assault, it must be (3):
1. The apprehension must be reasonable.
2. The threat of harm must be immediate.
3. Words alone without a sign of action usually insufficient to constitute an assault.
Intentional, unwanted, offensive bodily contact:
Battery
Defenses to Battery include (4):
1. Consent (battery did not occur because the other party agreed to the contact).
2. Self-Defense (you responded to the unwanted contact with comparable force to defend yourself).
