BUL 4421 QUESTIONS AND ANSWERS LATEST
UPDATE (ALREADY GRADED A+).
court order that authorizes law enforcement agents to search for and seize items specifically
described in the warrant.
Search Warrant
Any essential element and/or standard by which a lawful officer may make a valid arrest, conduct a
personal or property search, or obtain a warrant.
probable cause
Warrants are usually _________.
vague
1. Protects against self-incrimination (do not have to testify against one self).
2. Protects against double jeopardy.
3. Contains due process clause
Fifth Amendment
Government cannot try a person more than once for the same crime.
Double Jeopardy
1. Government cannot deprive person of life, liberty, or property without due process of law.
2. Procedural Due Process
3. Substantive Due Process
Due Process Clause
The requirement that the government must use fair procedures before depriving a person of his or
her life, liberty, or poverty.
1. Requires government use fair procedures
2. Entitles notice of legal action against him/her
3. Entitled opportunity to be heard
4. Entitles impartial tribunal (Jury can't be bias)
Procedural Due Process
The requirement that laws that depriving an individual of life, liberty, or property be fair and not
arbitrary.
Substantive Due Process
Fourteenth Amendment Due Process Clause (3):
, 1. Strict Scrutiny
2. Intermediate Scrutiny
3. Rational Basis
If:
1. Law prevents individuals from exercising fundamental right
2. Law's classification scheme involves suspect classifications based on race, national origin, or
citizenship.
then Strict Scrutiny applies.
If the law's classification scheme is based on gender or on the legitimacy of children, courts use
intermediate scrutiny.
then Intermediate Scrutiny applies.
If a classification scheme involves other matters, courts apply a rational-basis test
then Rational Basis applies.
Chapter 7: Crime and the Business Community
Chapter 7: Crime and the Business Community
The government must demonstrate (2) elements of a crime:
1. Wrongful behavior, that is, actus renu or a guilty act.
2. Wrongful state of mind, also know as mens rea or guilty mind.
Exception to "mens rea" requirement:
Strict Liability Crimes (Liability without fault or strict liability)
Latin for "guilty mind"; the mental state accompanying a wrongful behavior.
"mens rea"
Liability in which responsibility for damages is imposed regardless of the existence of negligence.
(Ex: selling cigarettes or alcohol to a minor)
Strict Liability (aka Liability without Fault)
Classification of Crimes (9):
1. Felony
2. Misdemeanor
3. Petty Offenses
4. Robbery
5. Burglary
6. Larceny
7. False Pretenses
UPDATE (ALREADY GRADED A+).
court order that authorizes law enforcement agents to search for and seize items specifically
described in the warrant.
Search Warrant
Any essential element and/or standard by which a lawful officer may make a valid arrest, conduct a
personal or property search, or obtain a warrant.
probable cause
Warrants are usually _________.
vague
1. Protects against self-incrimination (do not have to testify against one self).
2. Protects against double jeopardy.
3. Contains due process clause
Fifth Amendment
Government cannot try a person more than once for the same crime.
Double Jeopardy
1. Government cannot deprive person of life, liberty, or property without due process of law.
2. Procedural Due Process
3. Substantive Due Process
Due Process Clause
The requirement that the government must use fair procedures before depriving a person of his or
her life, liberty, or poverty.
1. Requires government use fair procedures
2. Entitles notice of legal action against him/her
3. Entitled opportunity to be heard
4. Entitles impartial tribunal (Jury can't be bias)
Procedural Due Process
The requirement that laws that depriving an individual of life, liberty, or property be fair and not
arbitrary.
Substantive Due Process
Fourteenth Amendment Due Process Clause (3):
, 1. Strict Scrutiny
2. Intermediate Scrutiny
3. Rational Basis
If:
1. Law prevents individuals from exercising fundamental right
2. Law's classification scheme involves suspect classifications based on race, national origin, or
citizenship.
then Strict Scrutiny applies.
If the law's classification scheme is based on gender or on the legitimacy of children, courts use
intermediate scrutiny.
then Intermediate Scrutiny applies.
If a classification scheme involves other matters, courts apply a rational-basis test
then Rational Basis applies.
Chapter 7: Crime and the Business Community
Chapter 7: Crime and the Business Community
The government must demonstrate (2) elements of a crime:
1. Wrongful behavior, that is, actus renu or a guilty act.
2. Wrongful state of mind, also know as mens rea or guilty mind.
Exception to "mens rea" requirement:
Strict Liability Crimes (Liability without fault or strict liability)
Latin for "guilty mind"; the mental state accompanying a wrongful behavior.
"mens rea"
Liability in which responsibility for damages is imposed regardless of the existence of negligence.
(Ex: selling cigarettes or alcohol to a minor)
Strict Liability (aka Liability without Fault)
Classification of Crimes (9):
1. Felony
2. Misdemeanor
3. Petty Offenses
4. Robbery
5. Burglary
6. Larceny
7. False Pretenses
