Torts, Crimes and BusinessChapter 7 & 8Intent vs.docx

Torts, Crimes and Business
Chapter 7 & 8
Intent vs. AccidentIntent: b. The state of mind with which an
act is done. 2a: clearly formulated or planned
intention.Accident: 1a: an event occurring by chance or arising
from unknown cause. b. Lack of intention or necessity. c: an
unexpected happening causing loss or injury which is not due to
any fault or misconduct on the part of the person injured but
from the consequences of which he may be entitled to some
legal relief. Webster’s New Collegiate Dictionary
Intent DefinedMens rea: A guilty mind. The mental state
accompanying a forbidden act. For an act to constitute a
criminal offense, the act usually must be illegal and
accompanied by a requisite mental state.Scienter: Previous
knowledge of an operative state of fact. Knowingly or with
guilty knowledge. Making false statements intentionally to
deceive or with what is recognized as the legal equivalent to a
deliberately fraudulent intent to deceive. Blacks Law
Dictionary
Tort: Twisted Behavior
“n. from French for "wrong," a civil wrong or wrongful act,

whether intentional or accidental, from which injury occurs to
another. Torts include all negligence cases as well as intentional
wrongs which result in harm.”
http://dictionary.law.com/default2.asp?selected=2137&bold=||||
See Video on Twisted Behavior
Intentional Torts
Intentional torts against personsAssaultBatteryFalse
imprisonmentDefamation of characterInvasion of the right to
privacyIntentional infliction of emotional distressMalicious
prosecution
Intentional torts against propertyTrespass to landTrespass to
and conversion of personal property
Trespass
Business TortsEntering certain businesses and professions
without a license(Conducting Business with a
license)Intentional misrepresentation (fraud)Civil RICO –
Racketeering Influenced and Corrupt Organization Act

Elements of Unintentional Torts (Negligence)
To be successful in a negligence lawsuit, the plaintiff must
prove:the defendant owed a duty of care to the plaintiffthe
defendant breached this duty of carethe plaintiff suffered
injurythe defendant’s negligent act caused the plaintiff’s injury
Special Negligence DoctrinesNegligence per seRes ipsa
loquiturDram shop actsSocial host liabilityGuest statutesGood
Samaritan lawsFireman’s rule“Danger invites rescue”
doctrineLiability of common carriers and innkeepersLiability of
landowners
Defenses Against NegligenceAssumption of the
riskContributory negligenceComparative negligenceSuperseding
event
Crimes and Business
Classification of CrimesFelonies – Major offences punishable
by jail time from one year - to life sentences. Crimes include
arson, burglary, grand theft, murder, rape…
Misdemeanors – Minor offenses that are punishable by
confinement up to one year, a fine or both. Misdemeanors
include: public intoxication, speeding, vandalism.
Violations – Infractions. Generally in fines only. Examples
include disturbing the peace, illegal gaming.

Civil and Criminal Law ComparedIssueCivil LawCriminal
LawParty who brings the actionThe plaintiffThe
governmentTrial by juryYes, except actions for
equityYesBurden of proofPreponderance of the evidenceBeyond
a reasonable doubtJury voteJudgment for plaintiff requires
specific jury voteConviction requires unanimous jury
voteSanctions and penaltiesMonetary damages and equitable
remediesImprisonment, fine, capital punishment, probation
Larceny v. Theft?Explanation:
Larceny is "the crime of wrongfully taking possession of
personal property from another with intent to convert it to one's
own use. Note: the term 'larceny' has been abandoned in many
modern criminal codes in favor of the broader concept of theft.
Theft: a broad term for crimes involving taking or keeping of
money or property of another. It typically includes larceny,
false pretenses, extortion, embezzlement, but not robbery or
burglary.

Criminal conversion is the crime of exerting unauthorized use
or control of someone else's property. It differs from theft in
that it does not include the element of intending to deprive the
owner of the possession of that property. As such, it is a lesser
included offense of the crime of theft.
Conversion?
Snow blower Revenge?
CNN on Feb 9, 2011
CNN on Feb 9, 2011
http://www.youtube.com/watch?v=0WpUWZflF2s
Crimes Affecting BusinessRobberyBurglaryLarceny (vs.
Theft)Receiving stolen
propertyArsonGraffitiForgeryExtortionComputer CrimesCredit
card crimesBad checksFalse identity
Which one is the number one crime against businesses?
Crimes Affecting
BusinessRobberyBurglaryLarcenyTheftReceiving stolen
propertyArsonGraffitiForgeryExtortionComputer CrimesCredit
card crimesBad checksFalse identity
Which one is the number one crime against businesses?

False Identity (Personal)
Identity and Personal Theft PreventionDo not give out personal
information over the internet unless it is over a secured
line.Report all stolen or missing cards immediately.Guard your
ATM number.Use a locked mailbox.Review your credit report
annually.Shred all unused documents that contain personal
information such as credit card, bank account and Social
Security numbers.
Please review the following eight slides on your own…
(For your Information Only)
Writing Checks…3. When you are writing checks to pay on your
credit card accounts, DO NOT put the complete account number
on the "For" line. Instead, just put the last four numbers. The
credit card company knows the rest of the number, and anyone
who might be handling your check as it passes through all the
check-processing channels will not have access to it.
4. Put your work phone # on your checks instead of your home
phone. If you have a PO Box, use that instead of your home
address. If you do not have a PO Box, use your work address.
Never have your SS# printed on your checks, (DUH!). You can
add it if it is necessary. However, if you have it printed, anyone
can get it.

5. Place the contents of your wallet on a photocopy machine. Do
both sides of each license, credit card, etc. You will know what
you had in your wallet and all of the account numbers and
phone numbers to call and cancel. Keep the photocopy in a safe
place. Also carry a photocopy of your passport when traveling
either here or abroad. We have all heard horror stories about
fraud that is committed on us in stealing a name, address, Social
Security number, credit cards.
Credit Cards…
6. When you check out of a hotel that uses cards for keys (and
they all seem to do that now), do not turn the "keys" in. Take
them with you and destroy them. Those little cards have on
them all of the information you gave the hotel, including
address and credit card numbers and expiration dates. Someone
with a card reader, or employee of the hotel, can access all that
information with no problem whatsoever.
Travel….
IF YOU ARE A VICTIM:1. We have been told we should cancel
our credit cards immediately. The key is having the toll free
numbers and your card numbers handy so you know whom to
call. Keep those where you can find them.
2. File a police report immediately in the jurisdiction where
your credit cards, etc., were stolen. This proves to credit
providers you were diligent, and this is a first step toward an
investigation (if there ever is one). However, here is what is
perhaps most important of all (I never even thought to do this.)

ADDITIONAL INFORMATION:1. The next time you order
checks have only your initials (instead of first name) and last
name put on them. If someone takes your checkbook, they will
not know if you sign your checks with just your initials or your
first name, but your bank will know how you sign your checks.
2. Do not sign the back of your credit cards. Instead, put
"PHOTO ID REQUIRED” or “see ID”
IF YOU ARE A VICTIM (continued)3. Call the three national
credit reporting organizations immediately to place a fraud alert
on your name and Social Security number. I had never heard of
doing that until advised by a bank that called to tell me an
application for credit was made over the Internet in my name.
The alert means any company that checks your credit knows
your information was stolen, and they have to contact you by
phone to authorize new credit. By the time I was advised to do
this, almost two weeks after the theft, all the damage had been
done. There are records of all the credit checks initiated by the
thieves' purchases, none of which I knew about before placing
the alert. Since then, no additional damage has been done, and
the thieves threw my wallet away this weekend (someone turned
it in). It seems to have stopped them dead in their tracks.
IMPORTANT NUMBERS!
Now, here are the numbers you always need to contact about
your wallet and contents being stolen:
1.) Equifax: 1-800-525-62852.) Experian (formerly TRW): 1-
888-397-37423.) TransUnion: 1-800-680-72894.) Social
Security Administration (fraud line): 1-800-269-0271

Tips from the Credit UnionHere are some tips to help you avoid
falling victim to phishing/vishing/smishing scams:The credit
union, another financial institution, or any other legitimate
company will not send you an e-mail or text message asking for
your personal information. If you believe the e-mail, text
message, or phone call may be legitimate, contact the business
yourself. The credit union's contact information is listed on
your monthly statement, or you can look in your local phone
book. A financial institution will not ask you via e-mail or text
message to verify your ATM PIN or Social Security Number,
for example. We do have procedures in place to verify your
identity when YOU CALL US, and this is for your protection.
We will never CALL YOU and ask for this information. Do not
respond to any e-mail or text message that asks for your
personal information, and do not click on any link in an e-mail
that requests your personal information. Delete any suspicious
e-mails or text messages, or forward to the Federal Trade
Commission (FTC) at [email protected]Do not disclose any
personal information (such as credit card numbers, social
security number, birth date, passwords, account numbers, etc) to
an unsolicited source, whether by e-mail, phone, text message,
online or mail. Ignore online pop-up windows asking for
personal information, no matter how official they may look.
Review your monthly statements for accuracy.
White Collar Crimes…
37.bin

White Collar CrimesEmbezzlementCriminal
fraudBriberyRacketeer Influenced and Corrupt Organizations
Act (RICO)
White Collar Crimes
Most likely to occur in places where power and money are
involved:
Executive Level
Accounting/CFO
Business Transactions such as Cashier, Sales and Marketing
Ways to Prevent Crime:Crime Prevention ProgramsReporting
Plans and Programs Law Enforcement Posted Warning Signs
Employee Training ProgramsAn appointed company
Mediator/ArbitratorSecurity Cameras in strategic areas
Constitutional Safeguards for Those Accused of a Crime
Fourth AmendmentProtection against unreasonable searches and
seizures
Fifth AmendmentPrivilege against self-incriminationProtection
against double jeopardy
Sixth AmendmentRight to public jury trial
Eighth AmendmentProtection against cruel and unusual
punishment
WEBSITE FOR WHITE COLLAR CRIME INFORMATION

Computer Crimes & Misuse
Computer Information as E-Evidence
“On several occasions I have had to go back and pull up emails
the employees had written to other employees around the office
that was presented to them at the day of their dismissal. In my
employers case since we store all emails ever written or
received in the office we have a record in case such an
occurrence would happen where we would need to retrieve old
emails as evidence.”
K. Johnson
Engineering Firm, Fresno CA
IT Engineer
GAP POLICY…
“…any transmission via a company’s electronic device is
property of the company (Gap Inc. 2003)”
Email and other electronic communication is to be used for
business purposes only, all messages written or received are,
and remain under company policy. The company has the right to
access, intercept, review and read all electronic communication
for any purpose. Under no circumstances is electronic
communication to be used to create any offensive of disruptive
messages, or any messages which constitute sexual harassment,
lewd or illegal activities, among those messages containing any
offensive comment about someone’s age, sexual orientation,

religious beliefs, national origin or disability.
POSSIBLE E-MAIL/COMPUTER POLICY
Confirmation of Policy Agreement
Affirmation
I have read, and agree to abide by, the guiding principles set out
in this policy and recognize that failure to do so may result in
punitive or legal action.Signature:
_________________________
Date: ____________________________
Printed Name: ______________________
Computer Privacy Issues:
*
Bogus Websites
What to Look Out For…

http://www.haworth-solutions.com/e/index.php?page=r_99
Applicant – Beware
(Homepage)
Legitimate looking website
What you get when you go to this website now…
What you get when you click on…
Go to www.haworth-solutions.com and look for the information
you want.
More information
Legitimate looking e-mails from popular accounts….
What happens when you click on, “Contact us!”

http://www.youtube.com/watch?v=Z1omofvWE5I
Nigerian Fraud
www.fraudaid.com.
http://www.fraudaid.com/headers/outlook.htm
Key Loggers
Key Loggers

Ways Companies are Fighting Back!!!
It is not our responsibility or obligation to verify (i) whether the
particular organization to which you are donating is legally
organized and conducted or (ii) whether the use of, or
application of, any moneys donated are used for proper and/or
lawful purposes.
Contact information provided will be transmitted to the
committee. No responsibility or obligation is assumed for the
protection of the privacy of this information by the committee.
Credit Card information will be used for processing only and
will not be shared with the committee or any third party except
for the express purposes of processing or as required by law.
This site utilizes the highest level of encryption to protect your
privacy.
PGP Encryption for e-mail
Probably only two to three sentences of text!
http://www.pgp.com/
Websites to View
http://www4.law.cornell.edu/uscode/18/ch96.html
http://www.findlaw.com/01topics/22tort/index.html
http://www.iir.com/nwccc.htm
http://www.cfenet.com

QUESTIONS FOR REVIEW:What are Intentional torts against
persons?Define NegligenceGive an example of Intentional
misrepresentationWhat does the acronym R.I.C.O. stand
for?What are the three Classifications of Crimes?What types of
crimes affect Business today?Why is arson so high in Fresno as
opposed to the
rest of the nation?What is considered White Collar
Crimes?Where are these crimes most likely to occur?What
Constitutional rights do those accused of
criminal activity have?In what ways can these types of
crimes be stopped
before they occur?
Dispute Resolution
Chapter 6
DISPUTE: “Verbal controversy – debate – quarrel- To call to
question”
Webster’s New Collegiate Dictionary
Anatomy of a Jury Trial-
Can You List The Steps?Jury selection (petit jurors- Members
of the jury)Opening statementPlaintiff’s caseDefendant’s

caseRebuttal and rejoinder (Rebut & Respond)Closing
argumentsJury instructionsJury deliberationsVerdictEntry of
judgment
DiscoveryA legal process during which both parties engage in
various activities to discover facts of the case from the other
party and witnesses prior to trial.
Dismissals and Pretrial Judgments Motion for Judgment on the
Pleadings
Motion that alleges that if all the facts presented in the
pleadings are taken as true, the party making the motion would
win the lawsuit when the proper law is applied to these asserted
facts.
Jury dutyTaken from your drivers registration or voting
record.Court Subpoena if you fail to show for your jury duty
date.Bench warrant if you do not return from lunchRequirement
of three days service or until excused.
Jury Duty SCAM!
http://www.fbi.gov/news/stories/2006/june/jury_scam060206

Alternatives to Formal Law
SuitsNegotiationMediationArbitration
Arbitration Resolution
Alternative Dispute Resolution (ADR)
Arbitration
Mediation
Conciliation
Minitrial
Fact-Finding
Judicial Referee

*
MinitrialA neutral, an unbiased person, chairs the case. Senior
executives from the firms involved also attend the presentation.
After the presentation, the senior executives meet in an attempt
to resolve the dispute. Prior to the presentation, the parties
usually specify what will happen if the senior executives are
unable to settle the case.Judges use the term minitrial to refer to
an abbreviated judicial proceeding on a few issues, for example
a minitrail on damages.
Rent-A-Judge
Another way of resolving a dispute is through the
Rent-A-Judge method.
Allows for cases to be heard quickly.
Allows for judgments to be rendered
fairly and impartially.
Allows for savings of money.
Allows for companies to move
on quickly in resolving disputes.
Fact-FindingProcess in which the parties hire a neutral party to
investigate the dispute and report findings back to both sides

The American Arbitration Association
“Speed,
Economy
and
Justice”
6795 N Palm Ave # 2
Fresno, CA 93704
(559) 448-0389
ARBITRATION: “…submission of controversies, by
agreement of the parties thereto, to persons chosen
by themselves for determination…”
6 C.J.S. 159, Barron’s Law Dictionary
ARBITRATOR: An impartial person chosen by the parties to
solve a dispute between them, who is vested
with the power to make a final determination
concerning the issues in the controversy.
Barron’s Law Dictionary
DEFINITIONS:
FOCUS ON ARBITRATIONThe American Arbitration
Association (AAA)
An Arbitrator is requested for arbitration.
A date is set for the hearing.

The Arbitrator meets with both parties to hear the dispute.
Negotiations are made between both parties.
Private caucuses [meetings] are held between the Arbitrator and
each party to bring disputants closer together on the issues.
Pros and Cons of ArbitrationSpeedierCosts less than normal law
suit proceedings.More flexible, saves time.Reduction in
stressParties are more cooperative and participatoryResolution
more friendly than law suit.May not be resolved through
arbitration.Parties give up normal protections that are granted
by formal court proceedings.Process is speedier and therefore
could be less inclusive in findings.
Pros:
Cons:
Locating Resolution Programs American Arbitration
Association – Local Number – (559) 431-7112California
Department of Consumer Affairs 1-800-952-5210Alternative
Dispute Resolution Associates – (559) 439-5788California
Association of Community Mediation Programs (209) 943-
5650The Local Bar AssociationThe Yellow Pages under
Arbitrators or Mediators
AMERICAN ARBITRATION ASSOCIATION WEBSITE
Conciliation: Seeking balanceConciliation is an (ADR) process
whereby the parties to a dispute (including future interest

disputes) agree to utilize the services of a conciliator, who then
meets with the parties separately in an attempt to resolve their
differences. Conciliation differs from arbitration in that the
conciliation process, in and of itself, has no legal standing, and
the conciliator usually has no authority to seek evidence or call
witnesses, usually writes no decision, and makes no award.
Conciliation differs from mediation in that the main goal is to
conciliate, most of the time by seeking concessions. In
mediation, the mediator tries to guide the discussion in a way
that optimizes parties needs, takes feelings into account and
reframes representations.
http://en.wikipedia.org/wiki/Conciliation
Small Claims Court
SMALL CLAIMS COURT
Second Floor of the Fresno County Courthouse
Claims under $7,500
Can be used when arbitration
fails
*Some states do allow for a larger award.
SMALL CLAIMS Allows for claims to be solved quickly and
inexpensively.The rules are simple and informalNo lawyer is
neededSpeedy hearing and resolution

Being Realistic…Do you actually have a case? Can you prove
your case? Do you have your documentation?Can you identify
the responsible business or person?Do you have your case
clearly laid out?Have you tried to settle? Can you prove that
you made attempts to settle with the party in dispute?Can you
take the gamble? Will this create problems with your current
employer? Can you collect?
On the other hand, you can also win…
By default. The other party may simply not show up. If that
happens and you’ve prepared your case well, the judge likely
will rule in your favor.
By settlement. Many businesses and people don’t want a lawsuit
judgment against them to show up in the public record. Rather
than hassle with you in court, they may cut you a check.
On the merits. You explain what happened, present your
evidence, the judge listens to the other party and ultimately
rules in your favor
The story of Kristi’s Toe….
El Pollo Loco
Customer Injury
Saturday, April 29, 2006

DOCUMENTATION TO BUILD A CASE
DOCUMENTATION OF INJURY
RESULT
Small Claims Subpoena
form sc 107
Subpoena duces tecum:
A court order to appear and bring the specified documents and
records.
Documentation List (sample only):Police reports or original
written documentationAccident ReportsCompany illness/injury
reports (IPP reports)Photos of damage Witness testimony
(Deposition or Interrogatories) All correspondence between
parties involved. Phone calls (names, dates, time, what was said
between parties)E-mails (all printed copies)Medical
records/releasesHospital billsEstimates for repairs (1-3 /or

required by company)Proof of insurance/drivers license
(Current!)Paycheck stubs/written release documentation All
receipts related to the incident
Remember, any “claim” that you make must be backed up with
documentation!
Documentation Fraud
Peoples Court - Lady Gets Caught Trying to Scam Court w -
Fake Documents - YouTube
Employer Safety and Prevention Program
Keeping your employees and customers safe!
Report immediately all work-related injuries or illnesses to your
supervisor, whether or not you feel it necessary to go to the
doctor. If the first doctor's visit for an industrial accident is
delayed until after you have left work, you must phone the
supervisor on duty for treatment authorization and direction.
Workplace safety Rules:
Report unsafe acts and conditions to your supervisor. Obey all
warning signs and tags. Do not endanger the safety of co-
workers or customers. No horseplay is allowed on the job.
“General Work Safety Rules” Continued…

37.pdf
date21: location: area: inspected_by: date: date1: other: date2:
date3: date4: date5: date6: date7: date8: date9: date10: date11:
date12: date13: date14: date15: date16: date17: date18: date19:
date20: other1: other2: other3: 1yes1: Off1yes2: Off1no1:
Off1na1: Off1no2: Off1na2: Off1yes3: Off1no3: Off1na3:
Off1yes4: Off1no4: Off1na4: Off1yes5: Off1no5: Off1na5:
Off1yes10: Off1no10: Off1na10: Off1yes11: Off1no11:
Off1na11: Off1yes12: Off1no12: Off1na12: Off1yes13:
Off1no13: Off1na13: Off1yes14: Off1no14: Off1na14:
Off1na21: Off1yes22: Off1no22: Off1na22: Off1date21: yes1:
Offna22: Offno1: Offna1: Offyes2: Offyes3: Offyes4: Offyes5:
Offyes6: Offyes7: Offyes8: Offyes9: Offyes10: Offyes11:
Offyes12: Offyes13: Offyes14: Offyes15: Offyes16: Offyes17:

Offyes18: Offyes19: Offyes20: Offyes21: Offyes22: Offno2:
Offno3: Offno4: Offno5: Offno6: Offno7: Offno8: Offno9:
Offno10: Offno11: Offno12: Offno13: Offno14: Offno15:
Offno16: Offno17: Offno18: Offno19: Offno20: Offno21:
Offno22: Offna2: Offna3: Offna4: Offna5: Offna6: Offna7:
Offna8: Offna9: Offna10: Offna11: Offna12: Offna13: Offna14:
Offna15: Offna16: Offna17: Offna18: Offna19: Offna20:
Offna21: Off1location: 1date: 1area: 1inspected_by: 1date1:
1date20: 1other: 1date2: 1date3: 1date4: 1date5: 1date6: 1date7:
1date8: 1date9: 1date10: 1date11: 1date12: 1date13: 1date14:
1date15: 1date16: 1date17: 1date18: 1date19: 1other1: 1other2:
2other: 1date22: date22: 2location: 2date20: 2date: 2area:
2inspected_by: 2date1: 2date21: 2date22: 2date2: 2date3:
2other1: 2other2: 2yes1: Off2na22: Off2no1: Off2na1:
Off2yes2: Off2yes3: Off2yes4: Off2yes5: Off2yes6: Off2yes8:
Off2yes9: Off2yes11: Off2yes12: Off2yes13: Off2yes14:
Off2yes15: Off2yes16: Off2yes17: Off2yes18: Off2yes19:
Off2yes20: Off2yes21: Off2yes22: Off2no2: Off2no3: Off2no4:
Off2no5: Off2no6: Off2no8: Off2no9: Off2no11: Off2no12:
Off2no13: Off2no14: Off2no15: Off2no16: Off2no17:
Off2no18: Off2no19: Off2no20: Off2no21: Off2no22: Off2na2:
Off2na3: Off2na4: Off2na5: Off2na6: Off2na8: Off2na9:
Off2na11: Off2na12: Off2na13: Off2na14: Off2na15: Off2na16:
Off2na17: Off2na18: Off2na19: Off2na20: Off2na21:
Off3location: 3area: 3inspected_by: 3date: 3date1: 3date21:
3date17: 3date18: 3date19: 3date20: 3other: 3other1: 3other2:
4location: 4area: 4inspected_by: 4date: 4date1: 4date21:
4date17: 4date18: 4date19: 4date20: 4other2: 5date19: 5date18:

5date22: 5date21: 5date1: 5inspected_by: 5area: 5date:
5location: 5date20: 5other1: 6location: 6area: 6date:
6inspected_by: 6date1: 6date21: 6date22: 6date2: 6date3:
6date20: 6other: 6other1: 6other2: 5date27: 4date27: 4date29:
3yes1: Off3no1: Off3na1: Off3yes2: Off3no2: Off3na2:
Off3es5: Off3no5: Off3na5: Off3yes6: Off3no6: Off3na6:
Off3no19: Off3a19: Off3yes20: Off3no20: Off3na20:
Off3na22: Off4yes1: Off4no1: Off4na1: Off4yes2: Off4no2:
Off4no12: Off4na12: Off4yes13: Off4no13: Off4a13:
Off4na16: Off4es17: Off4no17: Off4na17: Off4yes18: Off4o18:
Off4no19: Off4na19: Off4o19: Off4yes20: Off4no20: Off4na20:
Off5na4: Off5yes5: Off54o5: Off5na5: Off5yes6: Off5no6:
Off5na6: Off5yes8: Off5no8: Off5a8: Off5yes9: Off5no9:

Off5yes19: Off5o19: Off5na19: Off5yes20: Off5no20:
Off5no22: Off5a22: Off6yes1: Off6no1: Off6na1: Off6es2:
Off6no2: Off6na2: Off6yes3: Off6no3: Off6na3: Off6yes4:
Off6yes14: Off6no14: Off6a14: Off6yes16: Off6no16:
Off6na16: Off6yes18: Off6no18: Off6a18: Off6yes15:
Off6yes20: Off6o20: Off6na20: Off6yes21: Off6o21: Off6na21:
Off6yes22: Off6no22: Off6na22: Off
Individual Employee Training Report Form
38.pdf
STATE CENTER COMMUNITY COLLEGE DISTRICT
INDIVIDUAL EMPLOYEE TRAINING REPORT
Type of Training:
Initial New Job Refresher Other
Name of Employee: Job:

Trainer: Position:
Subject(s):
Materials Used:
I have received training as described above and in the
following:
The potential general occupational hazards and safe practices
of the company and
particular hazards and practices associated with my job
assignment.
My right to obtain information pertinent to my work regarding:
• hazardous substances, if any.
• government regulations.
• my individual medical records, if any.
• records, if any, of exposure monitoring.
• company safety and health policies, programs and procedures.
My right to ask any questions, or provide any information to
my employer on safety, either
directly or anonymously, without my fear of reprisal.
Disciplinary procedures the employer will use to enforce
compliance with safe practices.
I understand this training and agree to observe the safe practices
for my work.
Employee Signature: Date:

Interpreter or witness (if any)
Safety Suggestion Form
40.pdf
STATE CENTER COMMUNITY COLLEGE DISTRICT
EMPLOYEE SAFETY SUGGESTION
This form is for use by employees who wish to provide a safety
suggestion or report an unsafe workplace condition or practice.
Description of unsafe condition or practice
(location):____________________________________________
____
_____________________________________________________
_____________________________________
_____________________________________________________
_____________________________________
Causes or other contributing
practices:_____________________________________________
______________
_____________________________________________________
_____________________________________
_____________________________________________________
_____________________________________

Employee's suggestion for improving
safety:_______________________________________________
________
_____________________________________________________
_____________________________________
_____________________________________________________
_____________________________________
Has this matter been reported to supervision? Yes No
Employee's Name:
(Optional)____________________________________________
______________________
Department:__________________________________________
______________________________________
Employees are advised that use of this form or other reports of
unsafe conditions or practices are protected by
law [LC §6401.7(a)(5)]. It would be illegal for the employer to
take any action against an employee in reprisal for
exercising rights to participate in communications involving
safety.
The employer will investigate any report or question as required
by the Injury and Illness Prevention Program
Standard (8 CCR § 3203) and advise the employee who
provided the information or the workers in the area of the
employer's response.
For Administration Use Only:
Date received: __________________ Date affected workers
informed of investigation results: _______________

Date of correction or other completing
action:_______________________________________________
_______
Abatement verified by: _________________________
Description of abatement action ____________________
_____________________________________________________
_____________________________________
_____________________________________________________
_____________________________________
Table of Contents
Definitions
Definitions:Court of Common Pleas: Title used in some states
for trial courts of general jurisdictionProthonotary: Chief clerk
of courtDefault Judgment: Rendered due to the lack of
appearance by the defendant.Subpoena duces tecum: A court
order to appear and bring the specified documents and records.
Definitions Continued:Prima facie: a case obvious on it’s face
value.Jury Instruction: Charge to the jury.Peremptory
challenge: Used to remove a prospective juror.Deposition:

Witnesses sworn testimony taken. Interrogatories: Q & A under
oath. Written questions from one side to the other.Pro se:
Appearing in one’s own behalf.Jose Juan SOTO v. UNITED
STATES of America – Interesting case regarding pro se
Definitions Continued:Judgment notwithstanding or non
obstante veredicto n.o.v.: The judge over rules the verdict
handed down by the jury.Execution and Attachment: A party
who wins a judgment can attach the judgment debtor’s
property.Res Judicata: When a court issues a final judgment.
“The matter comes to rest.”
Websites to View:
http://www.adr.org
http://www.ljextra.com/practice/arbitration/arbrsrc.html
http://www.californialemonlawinformation.com
Dispute Resolution
Chapter 6
DISPUTE: “Verbal controversy – debate – quarrel- To call to
question”
Webster’s New Collegiate Dictionary
· Question 1
·
·
·
· What is the difference between larceny and robbery?

·
·
· Question 2
·
·
·
· In a letter to Tonia, Claude wrote, “Melissa is very stupid. She
has a low IQ, as has been shown in several private IQ tests that
I have administered. I can't understand why a smperson like you
would associate with her.” In fact, Melissa has a very high IQ,
which the IQ tests showed. Claude's statement is an example of:
·
·
· Question 3
·
·
·
· The law of negligence is based on:
·
·
· Question 4
·
·
·
· The burden of proof in a criminal trial is on the
government, which must prove its case by a preponderance of
the evidence.
·
·
· Question 5
·
·

·
· An inspector for the Occupational Safety and Health
Administration arrived at Exclon's factory to conduct an
inspection. The inspector did not have a search warrant. The
general manager of the factory gave the inspector permission to
inspect the facility. During the inspection, the inspector found
serious safety violations. Exclon will be a able to successfully
challenge the search because the inspector did not have a search
warrant.
·
·
· Question 6
·
·
·
· All theories of tort liability involve the concept of
foreseeability.
·
·
· Question 7
·
·
·
· At an arraignment, the person accused of criminal
conduct is informed of the charges he or she is facing, and if
necessary an attorney is appointed for the defendant.
·
·
· Question 8
·
·
·
· Generally, a party cannot appeal a decision made in

binding arbitration.
·
·
· Question 9
·
·
·
· Disparagement occurs when a business product is
defamed.
·
·
· Question 10
·
·
·
· Why are alternative forms of dispute resolution
(ADR) are becoming increasingly popular?
·
·
· Question 11
·
·
·
· Strict liability for products is based on:
·
·
· Question 12
·
·
·
· Manslaughter occurs when the killing is unlawful, but
with malice.

·
·
· Question 13
·
·
·
· If one act is both a crime and a tort:
·
·
· Question 14
·
·
·
· A dispute arose between Tenako, Inc. and Paulson,
LLC. The businesses decided to attempt to resolve the dispute
by hiring an impartial third party to help them reach a mutually
acceptable resolution to their dispute. The alternative method of
dispute resolution being used is:
·
·
· Question 15
·
·
·
· The law protects an individual from suffering serious
indignity that causes emotional distress.
·
·
· Question 16
·
·
·

· When Steven arrived at the airport for his prearranged
flight, the clerk informed him that there were no seats available.
Steven lost his composure and started to scream at the clerk,
demanding a seat on the plane. As he yelled, Steven paced back
and forth in front of the airline counter. Steven made no
physical movement towards the clerk. Which statement is
correct?
·
·
· Question 17
·
·
·
· The correct title for the RICO statute is the:
·
·
· Question 18
·
·
·
· Larceny is defined as:
·
·
· Question 19
·
·
·
· Duty, breach of duty, proximate causation, and injury
are the elements necessary for the tort of negligence.
·
·
· Question 20

·
·
·
· Rozencrantz picked the lock on the door of Stems'
house and entered, intending to steal Sterns' computer.
However, Rozencrantz heard a noise and ran out of the house
without taking anything. Rozencrantz has committed which
crime?
·
·
· Question 21
·
·
·
· Corporate employees are personally liable for the
crimes they commit while acting for the corporation.
·
·
· Question 22
·
·
·
· Slander is:
·
·
· Question 23
·
·
·
· Arson is the unintentional burning of any property by
fire or explosion.
·

·
· Question 24
·
·
·
· Burglary is the taking of money by an employee who
has been entrusted with the money by his or her employer.
·
·
· Question 25
·
·
·
· Identity theft occurs when a thief steals personal
information, such as the name, address, Social Security number,
and/or name of the employer, and then uses this information to
access the victim's credit.
·
·
· Question 26
·
·
·
· Recovery for intentional torts is based on the concept
of fault, while recovery for strict liability and negligence are
not.
·
·
· Question 27
·
·
·
· Duress may be a valid criminal defense.

·
·
· Question 28
·
·
·
· Tort law is a recent development.
·
·
· Question 29
·
·
·
· Most states follow the traditional view of
contributory negligence.
·
·
· Question 30
·
·
·
· Slander is a written defamation.
·
·
· Question 31
·
·
·
· In most cases, mediation is not successful and parties
end up going through arbitration.
·

·
· Question 32
·
·
·
· An expert witness:
·
·
· Question 33
·
·
·
· The purpose of a demurrer is to challenge the legal
sufficiency of the other party's pleading as a pleading.
·
·
· Question 34
·
·
·
· A deposition is:
·
·
· Question 35
·
·
·
· A minitrial:
·
·
· Question 36
·

·
·
· According to your text, The American Arbitration
Association (AAA) claims that its mediations are very effective
with 85 percent of commercial matters and 95 percent of
personal injury matters resulting in written settlement
agreements.
·
·
· Question 37
·
·
·
· Duress requires all EXCEPT:
·
·
· Question 38
·
·
·
· Generally, a motion for summary judgment is made
after:
·
·
· Question 39
·
·
·
· A public figure is a person who has a degree of
prominence in society.
·
·

· Question 40
·
·
·
· False imprisonment is the lawful detention of one
person by another against the former's will, and without just
cause, for an appreciable amount of time.
·
·
· Question 41
·
·
·
· In Mediation, The parties present their evidence to an
impartial third party who makes a decision called an award.
Before the hearing begins, the parties decide if the third party
will be binding or advisory on them.
·
·
· Question 42
·
·
·
· Increasingly, courts are requiring criminals to use
alternative methods of dispute resolution (ADR) before the
court will hear the case.
·
·
· Question 43
·
·
·
· State law cannot prohibit arbitration agreements.

·
·
· Question 44
·
·
·
· Which of the following is an advantage of mediation?
·
·
· Question 45
·
·
·
· What do all theories of tort liability have in common?
·
·
· Question 46
·
·
·
· The courts favor alternative methods of dispute
resolution (ADR).
·
·
· Question 47
·
·
·
· In the U.S., evidence obtained through an illegal
search may not be used in court.
·

·
· Question 48
·
·
·
· Rozencrantz pointed a gun at Sterns, and told him to
hand over his wallet. Sterns refused. Rozencrantz snatched the
wallet out of Sterns' hands and ran away. Rozencrantz has
committed which of the following crimes?
·
·
· Question 49
·
·
·
· Tort law addresses “public” wrongs.
·
·
· Question 50
·
·
·
· Sybrum, Inc. ordered 5,000 brochures from
PrintSmart. Subsequently, a dispute arose over the quality of the
paper. The contract did not include an arbitration agreement.
Since the initial agreement did not include an agreement to
arbitrate, the matter cannot be settled by arbitration.
·
·
· Question 51
·
·
·

· Jacqueline was the bookkeeper for Vop, Inc. To pay a
gambling debt, Jacqueline took $5,000 in cash that was to be
deposited in Vop's bank account. Jacqueline then altered Vop's
accounting records to hide her actions. Which statement is
correct?
·
·
· Question 52
·
·
·
· The difference between murder and manslaughter lies
in the mental state of the defendant.
·
·
· Question 53
·
·
·
· What is the purpose of alternate jurors?
·
·
· Question 54
·
·
·
· ADR is less adversarial than litigation.
·
·
· Question 55
·
·

·
· Res judicata means that when a court issues a final
judgment, the subject matter of that lawsuit is finally decided
between the parties to the suit.
·
·
· Question 56
·
·
·
· Generally, mediation sessions are open to the public.
·
·
· Question 57
·
·
·
· Treason is the only crime defined in the U.S.
Constitution4 and is the most serious offense against the
government.
·
·
· Question 58
·
·
·
· Imogene is an employee of Tennyson, Inc. She is not
permitted to handle money for the company, and has never been
given the key to the cash register or the combination of the safe.
One night, after the business is closed, she enters the building
(using the ID-card key that all employees have), picks the lock
on the safe, and steals $10,000 in cash. Imogene has committed
the crime of embezzlement.

·
·
· Question 59
·
·
·
· The final decision of an arbitrator is called an award.
·
·
· Question 60
·
·
·
· Strict liability can be a basis for criminal liability as
well as for tort liability.
·
·
· Question 61
·
·
·
· Larceny is the wrongful taking and carrying away of
the personal property of another person without the owner's
consent, and with the intent to deprive the owner of the property
permanently.
·
·
· Question 62
·
·
·
· Caitlin sued Yu in small claims court. A $500

judgment was entered in favor of Caitlin. Which statement is
correct?
·
·
· Question 63
·
·
·
· Misdemeanors are minor offenses that are punishable
by confinement of up to two years in a city or county jail, a
small fine, or both.
·
·
· Question 64
·
·
·
· The tort of fraud consists of which of the following
elements?
·
·
· Question 65
·
·
·
· A person who chooses to become active in society
such as a mail carrier is a public figure.
·
·
· Question 66
·
·

·
· The Economic Espionage Act makes it a criminal
offense to:
·
·
· Question 67
·
·
·
· Rebecca was asked to mediate a dispute between Paul
and Lola. To mediate the dispute, Rebecca must be certified by
the American Mediation Association (AMA) or other recognized
organizations.
·
·
· Question 68
·
·
·
· Roxanne, a 30-year-old woman, went to Dr. Lynn's
office for a pregnancy test. Before Roxanne was notified about
the positive test results, Dr. Lynn's nurse called Roxanne's
mother and told her about the pregnancy. The nurse has most
likely committed the tort of:
·
·
· Question 69
·
·
·
· The burden of proof the state must satisfy in a
criminal trial is:

·
·
· Question 70
·
·
·
· Homicide is the killing of one human being by
another.
·
·
· Question 71
·
·
·
· Gretchen walked up to Herman's door and rang the
bell. Herman answered the door and asked what Gretchen
wanted. Gretchen said that she was selling collectors' items.
Herman told Gretchen to leave, but Gretchen immediately
walked past Herman into the house. Gretchen then showed
Herman an old watch, telling him that the watch once belonged
to Ulysses S. Grant (38th President of the United States and
Civil War hero); in fact, the watch is only 50 years old and was
never owned by anyone noteworthy, as Gretchen knows very
well. Herman believed Gretchen and bought the watch.
Immediately thereafter, Nate entered the room, saw what was
happening, and started to warn Herman. Gretchen pulled out a
gun and fired it at Nate; the gun contained only blank
cartridges, but Nate and Herman both thought that they were
about to be killed and fainted. Gretchen took the telephone and
left. No one was hurt. Gretchen committed all of the following
torts EXCEPT:
·
·
· Question 72

·
·
·
· There are four elements that must be shown before a
recovery for the tort of negligence is permitted. Which of the
following lists these four conditions?
·
·
· Question 73
·
·
·
· Voluntary intoxication is always a valid defense in a
criminal case because drunken persons cannot be held
responsible for their actions.
·
·
· Question 74
·
·
·
· Under strict product liability, there would not be any
liability unless the manufacturer was at fault to some degree.
·
·
· Question 75
·
·
·
· A lawyer may use his or her peremptory challenges to
remove all the African-Americans from the jury.
·

·
· Begin bottom list action bar. End bottom list action bar. begin
edit paging (bottom) end edit paging (bottom)
Saturday, October 17, 2015 1:48:48 PM PDT

Torts, Crimes and BusinessChapter 7 & 8Intent vs.docx

Recommended

Recommended

More Related Content

Similar to Torts, Crimes and BusinessChapter 7 & 8Intent vs.docx

Similar to Torts, Crimes and BusinessChapter 7 & 8Intent vs.docx (18)

More from edwardmarivel

More from edwardmarivel (20)

Recently uploaded

Recently uploaded (20)

Torts, Crimes and BusinessChapter 7 & 8Intent vs.docx