The document discusses several topics related to crimes, including:
1) The nature and elements of crimes, constitutional limitations on criminal law, criminal procedure, and constitutional protections.
2) Key Supreme Court cases like U.S. v. Sun-Diamond Growers and Arthur Andersen v. U.S. that interpret criminal statutes and jury instructions.
3) Constitutional rights like those protected by the 4th, 5th, and 6th Amendments that place limitations on criminal law and procedure.
The document is an interactive online lesson about the Fourth Amendment of the US Constitution. It covers key topics like probable cause, reasonable suspicion, examples of reasonable vs unreasonable searches. Users can navigate between pages on the main topics using blue hyperlinks. Short videos and a quiz are also included to help explain the concepts.
This document summarizes key aspects of criminal procedure law in the United States. It discusses the purpose of criminal procedure and its derivation from the due process clauses. It outlines the main sources of criminal procedure law and covers topics like search and seizure law, the right to counsel, Miranda rights during interrogations, pretrial identification procedures, the confrontation and compulsory process clauses, and the exclusionary rule. It provides an overview of these concepts in 3 sentences or less.
1. The document discusses various types of searches permitted under the 4th Amendment, including searches with a warrant, consent searches, frisks, plain view searches, and searches incident to lawful arrest.
2. It explains the fundamental rules for constitutional searches, such as requiring governmental action and a reasonable expectation of privacy. Searches must also be limited in scope and not be general exploratory searches.
3. The document provides numerous Supreme Court cases that have helped define the scope and limitations of different types of searches, such as establishing the plain feel doctrine and limiting consent searches to voluntary consent without coercion.
This document discusses exigent circumstances as an exception to the Fourth Amendment's warrant requirement. It provides context on how exigent circumstances allow for warrantless searches and seizures when law enforcement officers do not have time to obtain a warrant due to an emergency. The document also examines factors courts consider in determining whether exigent circumstances existed, such as the gravity of the offense and risk of evidence destruction. It analyzes the balancing test used by courts to evaluate if a warrantless search was reasonable based on the need to act without a warrant versus the level of intrusion.
The document discusses the fundamental rules of search and seizure under the 4th Amendment. It must involve governmental action that violates a person's reasonable expectation of privacy. General searches are unlawful and searches must be limited in scope based on probable cause and particularly describing the place and things to be seized. There are exceptions to the warrant requirement such as consent searches, searches incident to arrest, vehicle searches, and exigent circumstances. The document provides numerous examples of Supreme Court cases related to search and seizure law.
The document discusses rights protected under the Fifth Amendment, including the right against self-incrimination. It summarizes several important Supreme Court cases that have shaped Fifth Amendment protections, such as Miranda v. Arizona which established that suspects in custody must be informed of their rights before interrogation. The document also discusses exceptions to Miranda such as public safety interrogations, and the totality of circumstances test used to determine if a confession was voluntarily made.
This document summarizes key concepts related to the 4th Amendment. It defines search and seizure and explains that the 4th Amendment prohibits unreasonable searches and seizures by government agents. It also discusses the exclusionary rule, which prevents illegally obtained evidence from being used in court, and exceptions like stops, frisks, searches incident to arrest, and the plain view doctrine. Overall it provides an overview of 4th Amendment protections against unlawful searches and seizures.
This document provides an overview of the 4th Amendment and constitutional searches and seizures. It discusses key concepts like the reasonableness clause, warrant clause, probable cause, and the continuum of contacts between law enforcement and the public. It explains that the 4th Amendment aims to balance security and privacy by allowing limited government searches and seizures if they are reasonable or supported by a warrant and probable cause. It also summarizes the landmark Terry v. Ohio Supreme Court case that established the legality of brief stops and pat-downs for weapons, known as stop and frisk, based on reasonable suspicion of criminal activity.
The document is an interactive online lesson about the Fourth Amendment of the US Constitution. It covers key topics like probable cause, reasonable suspicion, examples of reasonable vs unreasonable searches. Users can navigate between pages on the main topics using blue hyperlinks. Short videos and a quiz are also included to help explain the concepts.
This document summarizes key aspects of criminal procedure law in the United States. It discusses the purpose of criminal procedure and its derivation from the due process clauses. It outlines the main sources of criminal procedure law and covers topics like search and seizure law, the right to counsel, Miranda rights during interrogations, pretrial identification procedures, the confrontation and compulsory process clauses, and the exclusionary rule. It provides an overview of these concepts in 3 sentences or less.
1. The document discusses various types of searches permitted under the 4th Amendment, including searches with a warrant, consent searches, frisks, plain view searches, and searches incident to lawful arrest.
2. It explains the fundamental rules for constitutional searches, such as requiring governmental action and a reasonable expectation of privacy. Searches must also be limited in scope and not be general exploratory searches.
3. The document provides numerous Supreme Court cases that have helped define the scope and limitations of different types of searches, such as establishing the plain feel doctrine and limiting consent searches to voluntary consent without coercion.
This document discusses exigent circumstances as an exception to the Fourth Amendment's warrant requirement. It provides context on how exigent circumstances allow for warrantless searches and seizures when law enforcement officers do not have time to obtain a warrant due to an emergency. The document also examines factors courts consider in determining whether exigent circumstances existed, such as the gravity of the offense and risk of evidence destruction. It analyzes the balancing test used by courts to evaluate if a warrantless search was reasonable based on the need to act without a warrant versus the level of intrusion.
The document discusses the fundamental rules of search and seizure under the 4th Amendment. It must involve governmental action that violates a person's reasonable expectation of privacy. General searches are unlawful and searches must be limited in scope based on probable cause and particularly describing the place and things to be seized. There are exceptions to the warrant requirement such as consent searches, searches incident to arrest, vehicle searches, and exigent circumstances. The document provides numerous examples of Supreme Court cases related to search and seizure law.
The document discusses rights protected under the Fifth Amendment, including the right against self-incrimination. It summarizes several important Supreme Court cases that have shaped Fifth Amendment protections, such as Miranda v. Arizona which established that suspects in custody must be informed of their rights before interrogation. The document also discusses exceptions to Miranda such as public safety interrogations, and the totality of circumstances test used to determine if a confession was voluntarily made.
This document summarizes key concepts related to the 4th Amendment. It defines search and seizure and explains that the 4th Amendment prohibits unreasonable searches and seizures by government agents. It also discusses the exclusionary rule, which prevents illegally obtained evidence from being used in court, and exceptions like stops, frisks, searches incident to arrest, and the plain view doctrine. Overall it provides an overview of 4th Amendment protections against unlawful searches and seizures.
This document provides an overview of the 4th Amendment and constitutional searches and seizures. It discusses key concepts like the reasonableness clause, warrant clause, probable cause, and the continuum of contacts between law enforcement and the public. It explains that the 4th Amendment aims to balance security and privacy by allowing limited government searches and seizures if they are reasonable or supported by a warrant and probable cause. It also summarizes the landmark Terry v. Ohio Supreme Court case that established the legality of brief stops and pat-downs for weapons, known as stop and frisk, based on reasonable suspicion of criminal activity.
This document provides an overview of the 4th Amendment and key concepts related to constitutional searches and seizures. It discusses that the 4th Amendment protects against unreasonable searches and seizures by the government. It establishes that a warrant is generally required for a search or seizure, and that warrants must be based on probable cause. The document examines the clauses of the 4th Amendment, what constitutes a reasonable search, reasonable expectation of privacy, and probable cause. It explores the different sources of establishing probable cause and discusses search and arrest warrants.
This document summarizes key aspects of Fourth Amendment search and seizure law, including requirements for search warrants, exceptions to the warrant requirement, and analyses of relevant Supreme Court cases. It discusses the reasonable expectation of privacy test, probable cause standard, and exclusionary rule. It also outlines exceptions such as search incident to arrest, automobile exception, plain view doctrine, consent searches, and inventory searches.
The document discusses a Supreme Court case, Navarette v. California, that lowered the bar for police to conduct traffic stops based on anonymous tips about impaired driving. This has caused significant confusion in lower courts as they try to apply the new rule. The document provides background on previous cases establishing reasonable suspicion standards for stops based on anonymous tips. It then analyzes issues lower courts are having applying Navarette and the unanswered questions it leaves, showing the need for clarification from the Supreme Court.
Chapter 11 - The Sixth Amendment: Right to Counsel and a Fair Triallisajurs
The document summarizes key aspects of the Sixth Amendment right to counsel and a fair trial. It discusses the right to a speedy trial, trial in the jurisdiction where the crime was committed, an impartial jury, voir dire and peremptory challenges, the right to counsel including for indigent defendants and juveniles, and the right to counsel at critical stages of criminal proceedings. It also reviews standards for effective assistance of counsel and the ability of defendants to waive or exercise their right to self-representation.
There are ground rules to Search & Seizure. The 4th Amendment protects you from “unreasonable search and seizures.” The police may stop a vehicle when they have reasonable suspicion to believe a traffic offense has been committed, but they must follow certain rules. If you suspect the police overstepped their constitutional authority during your search, and it was unlawful, you should consult an attorney to discuss your legal options.
This document summarizes the fundamental rules of search and seizure under the 4th Amendment. It discusses the requirements for warrants including probable cause and particularity. It also examines exceptions to the warrant requirement such as consent searches, searches incident to arrest, the automobile exception, and exigent circumstances. The document uses Supreme Court cases like Carroll v. United States to illustrate how these rules and exceptions have been applied.
The 8th Amendment protects against excessive bail, fines, and cruel and unusual punishment. It has been interpreted by the Supreme Court in several cases related to bail, the death penalty, and prison conditions. For example, the Court has ruled that life imprisonment for non-homicide juvenile offenders and execution of the mentally ill or intellectually disabled are unconstitutional under the 8th Amendment.
Immigration lawsuits and the apa the basics of a district court actionUmesh Heendeniya
The document provides an overview of bringing an Administrative Procedure Act (APA) lawsuit in federal district court to challenge unlawful immigration agency actions outside of removal proceedings. It discusses that:
1) The APA allows individuals to sue the US government for non-monetary relief over unlawful agency actions. Suits are brought in federal district court.
2) Successful APA lawsuits have challenged various immigration agency decisions such as visa denials and delays in application processing.
3) The statute of limitations is six years under the general statute for suits against the US government. Jurisdiction is based on the federal question statute and the APA waives sovereign immunity.
When Can The Police Conduct a Nebraska Search and Seizure of Your HomeTom Petersen
A man’s house shall be his own castle, privileged against all civil and military intrusion. Learn more about Nebraska search and seizure in this presentation.
The document discusses the history and interpretation of the Fourth Amendment to the U.S. Constitution, which protects against unreasonable searches and seizures. It outlines that the Fourth Amendment requires warrants based on probable cause for searches and seizures, with some exceptions. It also discusses the exclusionary rule which bars illegally obtained evidence, and challenges around applying the Fourth Amendment to new technologies.
Pleadings and motions العريضة والطلبات امام المحاكم الامريكية ezzeldin bassyouni
Pleadings and motions are formal written statements filed with the court that inform all parties of the claims and requests being made. There are seven types of pleadings allowed under federal rules, including complaints, answers to complaints, and replies to answers. Pleadings can be categorized as either notice pleadings, which provide allegations to give notice of the lawsuit, or fact pleadings, which provide specific facts. Motions are formal requests made to the judge, such as motions to dismiss a case or motions for temporary restraining orders.
MBHB-Webinar-PTAB-Williams-Lovsin-051616-FINALAndrew Williams
The document summarizes a webinar presentation about the first year of appellate review of decisions from the Patent Trial and Appeal Board (PTAB). Some key points include:
- The Federal Circuit has decided 93 cases from the PTAB so far, with 27 being precedential opinions. Most decisions have been affirmed or partially affirmed and partially reversed.
- The Supreme Court took up its first case involving the PTAB, In re Cuozzo Speed Technologies, which addressed the claim construction standard used in IPRs and the reviewability of institution decisions.
- Issues addressed in the webinar include claim construction, motions to amend claims, and the reviewability of PTAB institution decisions. Statistics on appeal outcomes are
LAW 201 - Ch 2 Organization of the CJ Systemrharrisonaz
The criminal justice system in the United States consists of 51 separate systems - one federal system and 50 state systems. Each system has legislative bodies that enact criminal laws, law enforcement agencies that enforce the laws, prosecutors that pursue criminal charges, defense attorneys, courts to try cases, and corrections agencies to incarcerate or supervise those convicted of crimes. Within each system, the various components work together to investigate, charge, try, convict, and sentence those accused and convicted of criminal offenses.
06/25/12 Posted to HireLyrics U.S. Citizens Public Docket New Civil Rights He...Roxanne Grinage
This document provides an overview of federal perjury laws in the United States. It discusses the three main perjury statutes: 18 U.S.C. 1621 which prohibits false statements under oath in federal proceedings; 18 U.S.C. 1623 which bars false statements under oath in federal court or grand jury proceedings; and 18 U.S.C. 1622 which prohibits inducing another to commit perjury. It also discusses the false statements statute and how perjury can be used as a sentencing enhancement for obstruction of justice.
Search and Seizure Basics - What Happens When the Police Conduct An Illegal S...Stan Bennett
If you are a law abiding citizen living an average, ordinary life you have likely never even given the possibility of having your home searched by the police any thought. While this is understandable, it is not necessarily wise. The reality of the matter is that you could open the door one day and find law enforcement officers on your front steps asking to search your home.
This document summarizes key principles of natural justice or procedural fairness in administrative law. It discusses the right to a fair hearing, including adequate disclosure of allegations, the right to answer charges, and the right to cross-examine. It also addresses exceptions, the right to reasons for decisions, statutory rights to reasons, and the rule against bias. The document provides examples from case law from various Caribbean countries to illustrate these principles.
This document is a memorandum of law in support of a motion to suppress evidence filed on behalf of defendant Meshiha Boatwright. It argues that Boatwright was illegally seized by police officers in violation of the Fourth Amendment. Specifically, it contends that the officers lacked reasonable suspicion to stop Boatwright as he entered an apartment building where he was an invited guest. The memorandum aims to contradict the police report describing the events and provide Boatwright's version of facts, asserting he did nothing suspicious to justify being detained. If the court finds the initial seizure unlawful, the memorandum argues all evidence obtained as a result must be suppressed.
Chapter 10 - The Fifth Amendment: Obtaining Information Legallylisajurs
The document summarizes key aspects of the Fifth Amendment, including the right against self-incrimination, due process rights, and how these rights apply in criminal interrogations and confessions. It discusses landmark Supreme Court cases that have shaped Fifth Amendment jurisprudence, such as Miranda v. Arizona, which established that suspects in custody must be informed of their rights before questioning. The document also covers exceptions to Miranda warnings, such as for public safety questions.
A presentation regarding Quo Warranto, the contents are: nature and purpose, grounds, who may commenced, where can be filed, the case of the former Chief justice Ma. Lourdes Sereno as she was removed by virtue of a quo warranto.
Chapter 2 – The Resolution of Private DisputesUAF_BA330
Powerpoint from textbook Business Law - the ethical, global, and e-commerce environment to accompany BA 330 course at the University of Alaska Fairbanks.
Powerpoint from textbook Business Law - the ethical, global, and e-commerce environment to accompany BA 330 course at the University of Alaska Fairbanks.
This document provides an overview of the 4th Amendment and key concepts related to constitutional searches and seizures. It discusses that the 4th Amendment protects against unreasonable searches and seizures by the government. It establishes that a warrant is generally required for a search or seizure, and that warrants must be based on probable cause. The document examines the clauses of the 4th Amendment, what constitutes a reasonable search, reasonable expectation of privacy, and probable cause. It explores the different sources of establishing probable cause and discusses search and arrest warrants.
This document summarizes key aspects of Fourth Amendment search and seizure law, including requirements for search warrants, exceptions to the warrant requirement, and analyses of relevant Supreme Court cases. It discusses the reasonable expectation of privacy test, probable cause standard, and exclusionary rule. It also outlines exceptions such as search incident to arrest, automobile exception, plain view doctrine, consent searches, and inventory searches.
The document discusses a Supreme Court case, Navarette v. California, that lowered the bar for police to conduct traffic stops based on anonymous tips about impaired driving. This has caused significant confusion in lower courts as they try to apply the new rule. The document provides background on previous cases establishing reasonable suspicion standards for stops based on anonymous tips. It then analyzes issues lower courts are having applying Navarette and the unanswered questions it leaves, showing the need for clarification from the Supreme Court.
Chapter 11 - The Sixth Amendment: Right to Counsel and a Fair Triallisajurs
The document summarizes key aspects of the Sixth Amendment right to counsel and a fair trial. It discusses the right to a speedy trial, trial in the jurisdiction where the crime was committed, an impartial jury, voir dire and peremptory challenges, the right to counsel including for indigent defendants and juveniles, and the right to counsel at critical stages of criminal proceedings. It also reviews standards for effective assistance of counsel and the ability of defendants to waive or exercise their right to self-representation.
There are ground rules to Search & Seizure. The 4th Amendment protects you from “unreasonable search and seizures.” The police may stop a vehicle when they have reasonable suspicion to believe a traffic offense has been committed, but they must follow certain rules. If you suspect the police overstepped their constitutional authority during your search, and it was unlawful, you should consult an attorney to discuss your legal options.
This document summarizes the fundamental rules of search and seizure under the 4th Amendment. It discusses the requirements for warrants including probable cause and particularity. It also examines exceptions to the warrant requirement such as consent searches, searches incident to arrest, the automobile exception, and exigent circumstances. The document uses Supreme Court cases like Carroll v. United States to illustrate how these rules and exceptions have been applied.
The 8th Amendment protects against excessive bail, fines, and cruel and unusual punishment. It has been interpreted by the Supreme Court in several cases related to bail, the death penalty, and prison conditions. For example, the Court has ruled that life imprisonment for non-homicide juvenile offenders and execution of the mentally ill or intellectually disabled are unconstitutional under the 8th Amendment.
Immigration lawsuits and the apa the basics of a district court actionUmesh Heendeniya
The document provides an overview of bringing an Administrative Procedure Act (APA) lawsuit in federal district court to challenge unlawful immigration agency actions outside of removal proceedings. It discusses that:
1) The APA allows individuals to sue the US government for non-monetary relief over unlawful agency actions. Suits are brought in federal district court.
2) Successful APA lawsuits have challenged various immigration agency decisions such as visa denials and delays in application processing.
3) The statute of limitations is six years under the general statute for suits against the US government. Jurisdiction is based on the federal question statute and the APA waives sovereign immunity.
When Can The Police Conduct a Nebraska Search and Seizure of Your HomeTom Petersen
A man’s house shall be his own castle, privileged against all civil and military intrusion. Learn more about Nebraska search and seizure in this presentation.
The document discusses the history and interpretation of the Fourth Amendment to the U.S. Constitution, which protects against unreasonable searches and seizures. It outlines that the Fourth Amendment requires warrants based on probable cause for searches and seizures, with some exceptions. It also discusses the exclusionary rule which bars illegally obtained evidence, and challenges around applying the Fourth Amendment to new technologies.
Pleadings and motions العريضة والطلبات امام المحاكم الامريكية ezzeldin bassyouni
Pleadings and motions are formal written statements filed with the court that inform all parties of the claims and requests being made. There are seven types of pleadings allowed under federal rules, including complaints, answers to complaints, and replies to answers. Pleadings can be categorized as either notice pleadings, which provide allegations to give notice of the lawsuit, or fact pleadings, which provide specific facts. Motions are formal requests made to the judge, such as motions to dismiss a case or motions for temporary restraining orders.
MBHB-Webinar-PTAB-Williams-Lovsin-051616-FINALAndrew Williams
The document summarizes a webinar presentation about the first year of appellate review of decisions from the Patent Trial and Appeal Board (PTAB). Some key points include:
- The Federal Circuit has decided 93 cases from the PTAB so far, with 27 being precedential opinions. Most decisions have been affirmed or partially affirmed and partially reversed.
- The Supreme Court took up its first case involving the PTAB, In re Cuozzo Speed Technologies, which addressed the claim construction standard used in IPRs and the reviewability of institution decisions.
- Issues addressed in the webinar include claim construction, motions to amend claims, and the reviewability of PTAB institution decisions. Statistics on appeal outcomes are
LAW 201 - Ch 2 Organization of the CJ Systemrharrisonaz
The criminal justice system in the United States consists of 51 separate systems - one federal system and 50 state systems. Each system has legislative bodies that enact criminal laws, law enforcement agencies that enforce the laws, prosecutors that pursue criminal charges, defense attorneys, courts to try cases, and corrections agencies to incarcerate or supervise those convicted of crimes. Within each system, the various components work together to investigate, charge, try, convict, and sentence those accused and convicted of criminal offenses.
06/25/12 Posted to HireLyrics U.S. Citizens Public Docket New Civil Rights He...Roxanne Grinage
This document provides an overview of federal perjury laws in the United States. It discusses the three main perjury statutes: 18 U.S.C. 1621 which prohibits false statements under oath in federal proceedings; 18 U.S.C. 1623 which bars false statements under oath in federal court or grand jury proceedings; and 18 U.S.C. 1622 which prohibits inducing another to commit perjury. It also discusses the false statements statute and how perjury can be used as a sentencing enhancement for obstruction of justice.
Search and Seizure Basics - What Happens When the Police Conduct An Illegal S...Stan Bennett
If you are a law abiding citizen living an average, ordinary life you have likely never even given the possibility of having your home searched by the police any thought. While this is understandable, it is not necessarily wise. The reality of the matter is that you could open the door one day and find law enforcement officers on your front steps asking to search your home.
This document summarizes key principles of natural justice or procedural fairness in administrative law. It discusses the right to a fair hearing, including adequate disclosure of allegations, the right to answer charges, and the right to cross-examine. It also addresses exceptions, the right to reasons for decisions, statutory rights to reasons, and the rule against bias. The document provides examples from case law from various Caribbean countries to illustrate these principles.
This document is a memorandum of law in support of a motion to suppress evidence filed on behalf of defendant Meshiha Boatwright. It argues that Boatwright was illegally seized by police officers in violation of the Fourth Amendment. Specifically, it contends that the officers lacked reasonable suspicion to stop Boatwright as he entered an apartment building where he was an invited guest. The memorandum aims to contradict the police report describing the events and provide Boatwright's version of facts, asserting he did nothing suspicious to justify being detained. If the court finds the initial seizure unlawful, the memorandum argues all evidence obtained as a result must be suppressed.
Chapter 10 - The Fifth Amendment: Obtaining Information Legallylisajurs
The document summarizes key aspects of the Fifth Amendment, including the right against self-incrimination, due process rights, and how these rights apply in criminal interrogations and confessions. It discusses landmark Supreme Court cases that have shaped Fifth Amendment jurisprudence, such as Miranda v. Arizona, which established that suspects in custody must be informed of their rights before questioning. The document also covers exceptions to Miranda warnings, such as for public safety questions.
A presentation regarding Quo Warranto, the contents are: nature and purpose, grounds, who may commenced, where can be filed, the case of the former Chief justice Ma. Lourdes Sereno as she was removed by virtue of a quo warranto.
Chapter 2 – The Resolution of Private DisputesUAF_BA330
Powerpoint from textbook Business Law - the ethical, global, and e-commerce environment to accompany BA 330 course at the University of Alaska Fairbanks.
Powerpoint from textbook Business Law - the ethical, global, and e-commerce environment to accompany BA 330 course at the University of Alaska Fairbanks.
Powerpoint from textbook Business Law - the ethical, global, and e-commerce environment to accompany BA 330 course at the University of Alaska Fairbanks.
Powerpoint from textbook Business Law - the ethical, global, and e-commerce environment to accompany BA 330 course at the University of Alaska Fairbanks.
Powerpoint from textbook Business Law - the ethical, global, and e-commerce environment to accompany BA 330 course at the University of Alaska Fairbanks.
Powerpoint from textbook Business Law - the ethical, global, and e-commerce environment to accompany BA 330 course at the University of Alaska Fairbanks.
The document discusses tort law and cyber torts. It defines what a tort is, outlines the purpose of tort law. It discusses the different categories of torts including intentional torts, negligence, and strict liability. It explains the four elements of negligence - duty, breach, causation, damages. It also discusses defenses to negligence claims like assumption of risk, contributory negligence, comparative negligence. Cyber torts and how tort theories are applied online are also mentioned.
Powerpoint from textbook Business Law - the ethical, global, and e-commerce environment to accompany BA 330 course at the University of Alaska Fairbanks.
Chapter 8 – Intellectual Property and Unfair CompetitionUAF_BA330
This document provides an overview of intellectual property and unfair competition law. It discusses different types of intellectual property including patents, trademarks, copyrights, and trade secrets. It covers topics like infringement, fair use, exceptions, and international law. Key cases are summarized, including MGM v. Grokster on contributory copyright infringement. Commercial torts like injurious falsehood and intentional interference are also addressed. The document concludes with sample test questions to assess understanding.
Chapter 4 – Business Ethics, Corporate Social Responsibility, Corporate Gover...UAF_BA330
Powerpoint from textbook Business Law - the ethical, global, and e-commerce environment to accompany BA 330 course at the University of Alaska Fairbanks.
The document discusses environmental regulation and laws in the United States. It provides an overview of the Environmental Protection Agency (EPA) and the goals of major federal environmental laws, including the Clean Air Act, Clean Water Act, and hazardous waste laws. It also discusses key concepts like pollution, different sources of environmental law, and how states and tribes can enact their own regulations. Global climate change is mentioned as an issue that may impact businesses in the future.
This document provides an overview of criminal law and procedure in 3 chapters. It defines crimes and their elements, constitutional protections for criminal defendants, and the criminal procedure process. It also discusses key Supreme Court cases that have shaped criminal law, such as Skilling, Arthur Andersen, and Berghuis v. Thompkins. The document concludes by covering white collar crimes, computer crimes, and ethical issues around corporate wrongdoing.
This document provides an overview of Chapter 5 from the textbook "Introduction to Administration of Justice" which covers legal aspects of policing. The chapter objectives are described, including describing legal restraints on police action and instances of police abuse of power. The document then discusses landmark Supreme Court cases related to search and seizure law, arrests, and other 4th Amendment issues. Specific cases and rules are outlined relating to topics like stop and frisk, plain view doctrine, exigent circumstances, search warrants, and other areas of search and seizure law.
The Fourth Amendment protects citizens from unreasonable searches and seizures by the government. It requires that searches be approved by a warrant, which requires probable cause. The exclusionary rule was created to discourage law enforcement from violating citizens' Fourth Amendment rights by excluding illegally obtained evidence from trials. Over time, the Fourth Amendment has been interpreted to provide additional privacy protections against government overreach.
The Fourth Amendment protects against unreasonable searches and seizures. It was incorporated against the states through the Fourteenth Amendment. There is no reasonable expectation of privacy in open fields, abandoned property, or areas impliedly open to the public. Searches generally require a warrant based on probable cause, though there are exceptions such as consent, exigent circumstances, and searches incident to arrest. Evidence obtained in violation of the Fourth Amendment is generally inadmissible due to the exclusionary rule.
The document provides an overview of key aspects of the 6th Amendment right to counsel and a fair trial. It discusses the requirements for a speedy and public trial in the proper venue. It also covers the right to an impartial jury, voir dire process, peremptory challenges, and the prohibition on excluding jurors based on race. The document outlines important Supreme Court cases that established the right to counsel and defined it as applying to all stages of criminal proceedings.
C H A P T E R 3Essential FourthAmendmentDoctrines10.docxhumphrieskalyn
C H A P T E R 3
Essential Fourth
Amendment
Doctrines
105
CHAPTER OUTLINE
THE SEARCH WARRANT
Search Warrant Values: A Neutral and Detached
Magistrate
Obtaining a Search Warrant
Particularity
The Intersection of the First, Fourth, and Fifth
Amendments
Anticipatory Warrants and Controlled Deliveries
Challenging a Search Warrant Affidavit
Executing a Search Warrant: Knock and Announce
Inventory and Delayed Notice; “Sneak and Peek”
Warrants
Deadly Errors
REVOLUTIONIZING THE FOURTH AMENDMENT
Modernizing Search and Seizure Law
Creating the “Expectation of Privacy” Doctrine
Applying the “Expectation of Privacy” Doctrine
Undercover Agents and the Fourth Amendment
PROBABLE CAUSE AND THE FOURTH
AMENDMENT
The Concept of Evidence Sufficiency
Defining Probable Cause
Probable Cause Based on Informers’ Tips
Conservative Revisions
PLAIN VIEW AND RELATED DOCTRINES
Plain View
Curtilage and Open Fields
Airspace
Enhancement Devices
CONSENT SEARCHES
Voluntariness Requirement
Knowledge of One’s Rights
Third-Party Consent
Scope of Consent
“Knock and Talk”
LAW IN SOCIETY: POLICE PERJURY
AND THE FOURTH AMENDMENT
SUMMARY
LAW PUZZLES
JUSTICES OF THE SUPREME COURT:
ROOSEVELT’S LIBERALS: DOUGLAS, MURPHY,
JACKSON, AND RUTLEDGE
William O. Douglas
Frank Murphy
Robert H. Jackson
Wiley B. Rutledge
Power is a heady thing; and history shows that the police acting on their own cannot be
trusted. And so the Constitution requires a magistrate to pass on the desires of the police
before they violate the privacy of the home.
—JUSTICE WILLIAM O. DOUGLAS, McDonald v. United States, 335 U.S. 451, 456 (1948)
M03_ZALM7613_06_SE_CH03.QXD 1/11/10 3:03 PM Page 105
R
O
D
D
Y
,
A
N
T
H
O
N
Y
I
S
A
A
C
3
7
2
7
B
U
106 Chapter 3
KEY TERMS
anticipatory warrant
beeper
consent search
constitutionally protected
area
controlled delivery
curtilage
enhancement device
exigency
ex parte
expectation of privacy
industrial curtilage
inventory and return
“knock and announce” rule
magistrate
media ride-along
neutral and detached
magistrate
no-knock warrant
open fields
plain feel rule
plain view
plurality opinion
probable cause
reasonable suspicion
secret informant
“sneak and peek” warrant
telephonic warrant
thermal imaging
two-pronged test
undercover agent
This chapter presents five basic areas of Fourth Amendment law: (1) the search warrant, (2) the
‘expectation of privacy’ doctrine, (3) probable cause, (4) the plain view doctrine, and (5) consent
searches. Although in practice most searches are conducted without a warrant (i.e., are “warrant-
less”), the Fourth Amendment presumes that judicial search warrants are essential for preserving
the privacy protections of the people. The expectation of privacy doctrine, established in 1967, is
now the theoretical backbone of Fourth Amendment analysis. Probable cause, the level of evi-
dence required by the Constitution before government agents can invade individual privacy, is the
required basis for arrests and searches and seiz ...
The document summarizes some of the key laws and Supreme Court rulings that govern police conduct and procedures during criminal investigations and interrogations. It discusses the 4th and 5th Amendments of the US Constitution, the exclusionary rule, exceptions to warrant requirements for searches and seizures, Miranda warnings, the right to counsel, and exceptions for police deception and line-ups. It also briefly mentions issues around privacy, the Patriot Act, deadly force, and treatment of enemy combatants.
This document discusses two aspects of information in administrative law: agencies' ability to gather information and citizens' ability to access information held by government agencies. It covers topics like investigations, compelled testimony, sunshine laws, freedom of information statutes, privacy issues, and exemptions. The goal is to empower agencies while also providing checks on government through transparency requirements.
Chapter 15 - CRIMINAL PROCEDURE BEFORE TRIALLisa Greene
This document provides an overview of key concepts in criminal procedure before trial, including constitutional protections for criminal suspects and defendants. It discusses the requirements for reasonable searches and seizures under the 4th Amendment, including exceptions to the warrant requirement. It also covers interrogations and confessions, the right to counsel, and the 12 typical pretrial activities like arrest, booking, bail, arraignment and discovery. Key Supreme Court cases establishing rights like Miranda warnings, effective assistance of counsel, and exclusion of illegally obtained evidence are also summarized.
The document discusses key concepts related to the 4th and 5th Amendments of the US Constitution. It defines terms like probable cause, warrants, search and seizure. It explains that the 4th Amendment was influenced by British law and prohibits general warrants, requiring probable cause and particularity. It describes how the 4th Amendment is interpreted, including when warrants are required and how the exclusionary rule enforces the Amendment. The 5th Amendment protects against self-incrimination and the Miranda Rule informs suspects of their rights.
The document discusses key concepts related to the 4th and 5th Amendments of the US Constitution. It defines terms like probable cause, warrants, search and seizure. It explains that the 4th Amendment was influenced by British law and prohibits general warrants, requiring probable cause and particularity. It describes how the 4th Amendment is interpreted, including when warrants are required and how the exclusionary rule enforces the Amendment. The 5th Amendment protects against self-incrimination and the Miranda Rule informs suspects of their rights.
The document discusses key concepts related to the 4th and 5th Amendments of the US Constitution. It defines terms like probable cause, warrants, search and seizure. It explains that the 4th Amendment was influenced by British law and prohibits general warrants, requiring probable cause and particularity. It describes how the 4th Amendment is interpreted, including when warrants are required and how the exclusionary rule enforces the Amendment. The 5th Amendment protects against self-incrimination and the Miranda Rule informs suspects of their rights.
This document summarizes three landmark US Supreme Court cases related to constitutional rights:
1) Weems v. United States (1910) established that punishments violating the 8th Amendment's ban on "cruel and unusual punishment" are unconstitutional.
2) Carroll v. United States (1925) upheld warrantless searches of vehicles where there is probable cause, creating an exception to the 4th Amendment's warrant requirement.
3) Olmstead v. United States (1928) initially found warrantless wiretapping of a suspected bootlegger's phone calls did not violate the 4th or 5th Amendments, a decision later overturned.
The document discusses key aspects of the trial process in the United States criminal justice system. It notes that the Sixth Amendment guarantees the right to a fair and speedy public trial by an impartial jury. Juries are typically composed of 12 people who must reach a unanimous verdict, though some states allow convictions with fewer jurors. The document outlines jury selection procedures and exceptions to the right to a jury trial. It also discusses the rights of defendants and witnesses during a trial.
The document summarizes key aspects of the pretrial process in criminal cases, including:
1) Summary trials for minor offenses where a jury is not required if incarceration is less than 6 months. Defendants often plead guilty without counsel.
2) Elaborate pretrial procedures for felonies including initial appearance, grand jury, preliminary hearing, and arraignment where a plea is entered.
3) Most cases are resolved pretrial, with about 25% resulting in convictions as cases attrite through the system.
[Type text][Type text][Type text] 1Running Head Disci.docxhanneloremccaffery
[Type text] [Type text] [Type text]
1
Running Head: Disciplinary Assignment
CJUS 520- Disciplinary Assignment
Jasonus Tillery
Liberty University
CJUS 520- Disciplinary Assignment-Part 1
The United States Supreme Court is the absolute highest court in the country. It generally hears cases that involve issues of federal law. The Supreme Court has appellate jurisdiction over the federal and state courts (Supreme Court of the United States, 2013). When a case is referred to the Supreme Court, the decision that is derived is final because there is no other court to appeal to. Generally, when a case is appealed to the Supreme Court, it usually means that there were issues or controversy involved in the cases in the State or Federal Court. There are three cases that were tried at the Supreme Court level that are of particular interest to this class: Brady vs. Maryland (1963), Giglio vs. United States (1972), and United States vs. Agurs (1976). Each of these cases presented issues, which will be discussed below.
Brady vs. Maryland, 373 U.S. 83 (1963)
In the Brady vs. Maryland case, Brady the defendant and his companion were convicted of first-degree murder and were sentenced to death. During the trial, Brady admitted to being at the crime scene and participating in the crime, but he stated that his companion was the one who actually committed the murder. Brady’s attorney did not contest the fact that Brady was guilty, he or she only pleaded with the jury to not return with a capital punishment verdict. The defendant’s lawyer however, was not privy to the fact that Brady’s companion had admitted to murdering the victim alone. Prior to the start of the trial, the defendant’s attorney requested to see all the evidence that the prosecutors had in their possession. However, the prosecutors failed to disclose Brady’s companion’s confession. Brady’s attorney was not aware of the confession until after his client’s trial. At that point, Brady had already been convicted and sentenced (Hooper & Thorpe, 2007). The prosecutor is required by law to disclose to the defense any evidence that is favorable to the defendant. Failure to do so denies the defendant to due process of the law. Therefore, there had to be a new trial, but not to determine guilt, rather than to determine Brady’s punishment. Brady had already confessed to his participation in the crime, so the sentence of death was what had to be re-tried. Although many would disagree with the fact that the prosecutor has to disclose information favorable to the defendant, it is still the law. Therefore, violating this law results in a violation of the defendant’s Fifth Amendment right.
Giglio vs. United States vs. 150 (1972)
In this case, the defendant Giglio was being prosecuted for forging $2300 in money orders, which at the time was a significant amount of money. The controversy in this case derived from the testimony of Giglio’s Co-conspirator Robert Tal.
This document outlines the objectives of NC Competency Goal 5, which is for learners to understand how political and legal systems balance competing interests and resolve conflicts. It discusses methods of resolving conflicts such as debate, compromise, and negotiation. It also explains how the legislative process uses debate and compromise. Additionally, it covers the adversarial nature of the judicial process and roles of different entities in public policy decisions. The document provides information on state and federal court jurisdictions and the criminal trial process.
This document outlines NC Competency Goal 5 which is about how political and legal systems balance competing interests and resolve conflicts. It provides objectives related to evaluating methods of resolving conflicts like debate, compromise and negotiation. It discusses the adversarial nature of the judicial process and roles of different entities in public policy decisions. It explains how local governments balance interests and resolve zoning conflicts. It defines the jurisdictions of state and federal courts and discusses landmark Supreme Court cases related to due process rights. It also summarizes methods of resolving civil conflicts and key aspects of criminal law, the criminal trial process, and juvenile law and rights.
C H A P T E R 11The Trial Process[T]here are principles.docxRAHUL126667
C H A P T E R 11
The Trial Process
[T]here are principles of liberty and justice, lying at the foundation of our civil and political
institutions, which no State can violate consistently with that due process of law required
by the Fourteenth Amendment in proceedings involving life, liberty, or property.
—JUSTICE JOHN MARSHALL HARLAN I, dissenting, Hurtado v. California, 110 U.S. 516, 546 (1884)
479
CHAPTER OUTLINE
THE IDEAL OF THE FAIR TRIAL
Comparing Adversarial and Inquisitorial Trials
Steps in the Jury Trial
IMPORTANT CONSTITUTIONAL TRIAL
RIGHTS
The Right to Be Present
The Appearance of Fairness
Subpoena: The Right to Compulsory Process
Due Process and Access to Evidence
Right to Silence
Confrontation, Hearsay, and Cross-examination
Presumption of Innocence and Proof beyond a
Reasonable Doubt
THE JURY
Constitutional Requirements
Selecting an Unbiased Jury
Voir Dire and Fairness
LAW IN SOCIETY: JURY TRIALS AND
WRONGFUL CONVICTIONS
Convicting the Innocent
Why Trials Do Not Stop Wrongful Convictions
The Adversary Trial
SUMMARY
LEGAL PUZZLES
JUSTICES OF THE SUPREME COURT: THE
TWENTY-FIRST-CENTURY COURT: SOUTER,
THOMAS, GINSBURG, BREYER, ROBERTS,
AND ALITO
David H. Souter
Clarence Thomas
Ruth Bader Ginsburg
Stephen G. Breyer
John G. Roberts Jr.
KEY TERMS
abuse of discretion
accusatorial trial
adversarial trial
adverse comment
bench trial
challenge for cause
character witness
compulsory process
Confrontation Clause
cross-examination
direct examination
dossier
dying declaration
expert witness
hearsay
hung jury
in camera
inquisitorial trial
invidious discrimination
jury deliberation
jury pool
jury trial
“key man” method
master jury list
peremptory challenge
petty crime
presumption of innocence
prima facie case
reasonable doubt
representative cross section
secret informants
venire
verdict
voir dire
waiver trial
Samuel A. Alito Jr.
M11_ZALM7613_06_SE_CH11.QXD 1/11/10 5:35 PM Page 479
R
O
D
D
Y
,
A
N
T
H
O
N
Y
I
S
A
A
C
3
7
2
7
B
U
THE IDEAL OF THE FAIR TRIAL
All cultures develop methods to ascertain the guilt of those accused of serious norm violations or
crimes. Even if offenders are caught “red-handed,” there is a human tendency to conduct formal
processes for declaring guilt. The trial therefore has two functions: first, to determine a suspect’s
guilt in a practical and efficient manner, and second, to provide a formal setting that solemnizes
the conclusion that this person is guilty and must be punished. The jury trial performs these
functions in the Anglo-American legal tradition.1 Trial by jury was not legislated into being all at
once as the best method to resolve criminal cases. Rather, it evolved over centuries in England.
As a result many have argued that it is not the most efficient or effective method of separating the
guilty from the innocent. Nevertheless, it is embedded in American culture and is guaranteed by
Article III and by the Sixth and Seventh Amendments of the U.S. Constitution, as well as ...
The document provides an overview of key US employment laws. It discusses legislation protecting worker safety, health and well-being such as Workers' Compensation and OSHA. It also covers laws regulating wages and hours like the Fair Labor Standards Act, and those ensuring financial protections such as Social Security, unemployment compensation and ERISA. Finally, it addresses equal opportunity legislation including the Equal Pay Act, Title VII of the Civil Rights Act, and the role of the EEOC in enforcing anti-discrimination statutes.
Chapter 48 – The Federal Trade Commission Act and Consumer Protection LawsUAF_BA330
The document summarizes consumer protection laws enforced by the Federal Trade Commission (FTC). It describes the FTC's powers to create rules, conduct investigations of unfair/deceptive practices, and hold adjudicative proceedings. It also explains key laws like prohibiting deception/unfairness, regulating telemarketing, and requiring clear warranties. The FTC works to promote fair competition and protect consumers from unscrupulous businesses.
This document provides an overview of corporate governance and management. It discusses key topics such as:
1) The roles and responsibilities of shareholders, boards of directors, officers, and committees in managing corporations.
2) Legal doctrines governing corporate objectives and powers like ultra vires.
3) Fiduciary duties of directors and officers, and standards of review like the business judgment rule.
4) Issues related to mergers, acquisitions, conflicts of interest, and shareholder oppression.
Chapter 42 – Organization and Financial Structure of CorporationsUAF_BA330
The document discusses the legal process and requirements for incorporating a business, including preparing articles of incorporation, filing with the secretary of state, holding an organizational meeting, and various financing options through the sale of equity and debt securities. It also examines the duties of promoters and potential issues that can arise from defective incorporation.
Chapter 41 – History and Nature of CorporationsUAF_BA330
The document discusses the history and nature of corporations, including how corporations evolved from special charters granted by states to modern enabling statutes, and covers key topics such as classes of corporations, state and federal regulation of corporations, what constitutes "doing business" in a state, and piercing the corporate veil. It also provides examples, definitions, and a short quiz.
This document provides an overview of limited liability companies (LLCs), limited partnerships, and limited liability limited partnerships. It discusses the key attributes of each type of business entity including formation, management, taxation, liability of members/partners, duties, dissociation, dissolution and more. The document contains learning objectives, definitions, comparisons of the different entity types, and sample test questions to assess understanding.
Chapter 39 – Partners’ Dissociation and Partnerships’ Dissolution and Winding UpUAF_BA330
This chapter discusses partnership dissolution, winding up, and changes in partnership structure. It defines dissociation as a partner leaving the partnership and outlines wrongful vs. nonwrongful dissociation. Dissolution begins the winding up process of selling assets and distributing proceeds. The document discusses partnership termination, continuing the business after dissociation, and buying out dissociated partners' shares. It also covers adding new partners and the case Warnick v. Warnick regarding dissociation and buyout remedies.
Chapter 38 – Operation of Partnerships and Related FormsUAF_BA330
This document discusses partnership duties and liability. It covers key duties partners owe each other including loyalty and good faith. Partners generally cannot compete with the partnership without consent. The document also discusses liability of partners for torts and contracts committed by other partners, as well as how limited liability partnerships can reduce some personal liability for partners.
Chapter 37 – Introduction to Forms of Business and Formation of PartnershipsUAF_BA330
The document provides an overview of different forms of business including sole proprietorships, partnerships, corporations, and limited liability companies. It discusses key characteristics of each form and how choosing an appropriate form depends on an owner's goals for control and liability. The document also covers topics related to partnerships specifically, including how partnerships are created, the concept of purported partners, and issues regarding partnership property ownership.
Chapter 36 – Third-Party Relations of the Principal and the AgentUAF_BA330
This document discusses the legal principles governing the relationships between principals, agents, and third parties in both contract and tort law. It covers topics such as an agent's authority to bind a principal to contracts, a principal's liability for an agent's torts under respondeat superior or for misrepresentations, and exceptions where agents may be liable instead of or in addition to principals. It provides examples to illustrate these concepts and tests readers' understanding with multiple choice questions.
This document provides an overview of agency relationships, including how they are created and terminated. It discusses the duties of agents to principals, such as the fiduciary duty of loyalty and maintaining confidentiality. It also covers types of authority agents may have, the difference between employees and independent contractors, and cases that illustrate key agency principles like the duty of loyalty. The document uses headings, examples, and legal reasoning to explain agency law concepts.
Chapter 34 – Checks and Electronic TransfersUAF_BA330
This document provides an overview of checks and electronic funds transfers. It discusses the relationship between depositors and banks, the bank's duties regarding payment and collection of checks, stop-payment orders, certified checks, cashier's checks, and issues related to forged, altered and stale checks. It also covers laws governing electronic funds transfers, check collection, funds availability, and wire transfers. Key points covered include a bank's liability for wrongful dishonor of checks and its right to charge properly payable checks, as well as obligations of both banks and customers regarding timely reporting of unauthorized transactions or errors.
This chapter discusses the liability of parties involved in negotiable instruments. It explains the differences between primary and secondary liability and outlines warranties made during the transfer and presentment of negotiable instruments. The chapter also discusses exceptions to normal liability rules, discharge of liability, and key court cases related to liability for negotiable instruments.
Chapter 32 – Negotiation and Holder in Due CourseUAF_BA330
This document provides a 3-page summary of key concepts related to negotiation and holders in due course of negotiable instruments. It begins by explaining the process of transferring negotiable instruments from one person to another, distinguishing between order paper and bearer paper. It then discusses the requirements for negotiation, types of endorsements, and effects of endorsement. The summary concludes by outlining the requirements to achieve holder in due course status and the rights and limitations of a holder in due course.
The document discusses negotiable instruments and commercial paper. It provides an overview of negotiable instruments, including different types like promissory notes, checks, and certificates of deposit. It also covers key concepts like negotiability, holders in due course, and the Uniform Commercial Code articles that govern commercial paper. Examples are provided of cases involving ambiguous terms in negotiable instruments.
The document discusses different types of bankruptcy proceedings including Chapter 7 liquidations, Chapter 11 reorganizations, and Chapters 12 and 13 for family farms and consumer debt adjustments. It explains the process for filing bankruptcy, the automatic stay of creditor actions, how claims are handled, trustee duties in distributing assets and developing reorganization plans, and issues around discharge of debts and dismissal for abuse. Key cases discussed include In re Rogers regarding homestead exemptions and In re Made In Detroit regarding plan feasibility for confirmation.
Chapter 28 – Introduction to Credit and Secured TransactionsUAF_BA330
This document provides an overview of secured and unsecured credit transactions. It defines secured credit as transactions where the creditor requires the debtor to convey a lien or security interest on their property to minimize the creditor's risk of loss. It differentiates suretyship from guaranty as security devices. It also describes various types of liens that can be placed on real and personal property to secure credit obligations.
The document provides an overview of key concepts in insurance law, including:
1) Insurance allows an insured to transfer risk to an insurer in exchange for premium payments.
2) An insurance policy must satisfy contract requirements and be interpreted based on an average person's understanding.
3) Coverage disputes may involve determining whether a covered or excluded peril was the proximate cause of a loss.
3) Insurers have duties to defend claims potentially within the policy's scope and indemnify insured for covered losses up to policy limits.
This chapter discusses the law of real property, including ownership and interests in land and other items attached to land. It covers different types of estates in land like fee simple and life estates. It also discusses how property is acquired through deeds and other methods. Government control of land use through eminent domain, zoning, and other laws is also summarized. Key cases like Kelo v. City of New London are briefly outlined.
Chapter 22 – Remedies for Breach of Sales ContractsUAF_BA330
This document discusses remedies for breach of sales contracts under the Uniform Commercial Code (UCC). [1] It covers agreed remedies like liquidated damages clauses and limitation of liability clauses. [2] It describes remedies available to injured sellers like canceling the contract, reselling goods, and recovering damages. [3] It also describes remedies for injured buyers such as cover and obtaining substitute goods, recovering damages based on market price differences, and specific performance for unique goods.
Best Competitive Marble Pricing in Dubai - ☎ 9928909666Stone Art Hub
Stone Art Hub offers the best competitive Marble Pricing in Dubai, ensuring affordability without compromising quality. With a wide range of exquisite marble options to choose from, you can enhance your spaces with elegance and sophistication. For inquiries or orders, contact us at ☎ 9928909666. Experience luxury at unbeatable prices.
The Role of White Label Bookkeeping Services in Supporting the Growth and Sca...YourLegal Accounting
Effective financial management is important for expansion and scalability in the ever-changing US business environment. White Label Bookkeeping services is an innovative solution that is becoming more and more popular among businesses. These services provide a special method for managing financial duties effectively, freeing up companies to concentrate on their main operations and growth plans. We’ll look at how White Label Bookkeeping can help US firms expand and develop in this blog.
Adani Group's Active Interest In Increasing Its Presence in the Cement Manufa...Adani case
Time and again, the business group has taken up new business ventures, each of which has allowed it to expand its horizons further and reach new heights. Even amidst the Adani CBI Investigation, the firm has always focused on improving its cement business.
The Most Inspiring Entrepreneurs to Follow in 2024.pdfthesiliconleaders
In a world where the potential of youth innovation remains vastly untouched, there emerges a guiding light in the form of Norm Goldstein, the Founder and CEO of EduNetwork Partners. His dedication to this cause has earned him recognition as a Congressional Leadership Award recipient.
During the budget session of 2024-25, the finance minister, Nirmala Sitharaman, introduced the “solar Rooftop scheme,” also known as “PM Surya Ghar Muft Bijli Yojana.” It is a subsidy offered to those who wish to put up solar panels in their homes using domestic power systems. Additionally, adopting photovoltaic technology at home allows you to lower your monthly electricity expenses. Today in this blog we will talk all about what is the PM Surya Ghar Muft Bijli Yojana. How does it work? Who is eligible for this yojana and all the other things related to this scheme?
Enhancing Adoption of AI in Agri-food: IntroductionCor Verdouw
Introduction to the Panel on: Pathways and Challenges: AI-Driven Technology in Agri-Food, AI4Food, University of Guelph
“Enhancing Adoption of AI in Agri-food: a Path Forward”, 18 June 2024
Tired of chasing down expiring contracts and drowning in paperwork? Mastering contract management can significantly enhance your business efficiency and productivity. This guide unveils expert secrets to streamline your contract management process. Learn how to save time, minimize risk, and achieve effortless contract management.
SATTA MATKA DPBOSS KALYAN MATKA RESULTS KALYAN CHART KALYAN MATKA MATKA RESULT KALYAN MATKA TIPS SATTA MATKA MATKA COM MATKA PANA JODI TODAY BATTA SATKA MATKA PATTI JODI NUMBER MATKA RESULTS MATKA CHART MATKA JODI SATTA COM INDIA SATTA MATKA MATKA TIPS MATKA WAPKA ALL MATKA RESULT LIVE ONLINE MATKA RESULT KALYAN MATKA RESULT DPBOSS MATKA 143 MAIN MATKA KALYAN MATKA RESULTS KALYAN CHART
Satta matka fixx jodi panna all market dpboss matka guessing fixx panna jodi kalyan and all market game liss cover now 420 matka office mumbai maharashtra india fixx jodi panna
Call me 9040963354
WhatsApp 9040963354
SATTA MATKA DPBOSS KALYAN MATKA RESULTS KALYAN MATKA MATKA RESULT KALYAN MATKA TIPS SATTA MATKA MATKA COM MATKA PANA JODI TODAY BATTA SATKA MATKA PATTI JODI NUMBER MATKA RESULTS MATKA CHART MATKA JODI SATTA COM INDIA SATTA MATKA MATKA TIPS MATKA WAPKA ALL MATKA RESULT LIVE ONLINE MATKA RESULT KALYAN MATKA RESULT DPBOSS MATKA 143 MAIN MATKA KALYAN MATKA RESULTS KALYAN CHART KALYAN CHART
3. Learning Objectives
The nature and elements of a crime
Constitutional limitations on criminal law
Criminal procedure
Constitutional protections
Corporate crime
5-3
4. Nature of Crimes
Crimes are public wrongs, classified from
most serious to least serious as
Felony
Misdemeanor
Infraction
Purpose of criminal sanctions (fines or
imprisonment): deterrence, rehabilitation,
incapacitation
5-4
5. Elements
To convict a defendant of a crime, the
government must
Demonstrate that alleged acts violated a
criminal statute
Prove beyond a reasonable doubt that the
defendant committed the acts
Prove the defendant had the capacity of
criminal intent
Courts narrowly interpret criminal statutes
5-5
6. U.S. v. Sun-Diamond Growers
Facts:
Federal grand jury indicted the company
under the illegal gratuity statute for
allegedly giving approximately $5900 in
gifts to a public official and the federal
district court jury found the company guilty
Appellate court held that the district court
judge had improperly instructed the jury
5-6
7. U.S. v. Sun-Diamond Growers
Issue before the U.S. Supreme Court:
Does conviction under the statute require any
showing beyond the fact that a gratuity was
given because of an official’s position?
Statutory Interpretation:
Text of statute prohibits only gratuities given
“for or because of any official act performed or
to be performed.”
“Official act” defined in subsection of statute
5-7
8. U.S. v. Sun-Diamond Growers
Statutory Interpretation:
Statute would not have defined “official act”
unless it required a particular official act be
identified and proved to convict defendant
To require otherwise would create absurdity
Held:
Government must prove a link between a
thing of value given to a public official and a
specific “official act”
5-8
9. Constitutional Limitations
Government may not enact an ex post facto
(after the fact) law
Thus a person cannot be charged with a crime
for an act that when committed was not a
crime
Constitutionally-protected behavior cannot
be criminal
Example: Griswold v. Connecticut
5-9
10. Constitutional Limitations
First Amendment allows government to
regulate indecent speech and does not
protect obscene expression
To determine if expression is obscene, courts
apply the three-part Miller test
Example: Supreme Court applied the Miller
test to strike down most of the Congressional
efforts to criminalize obscenity on the
Internet
5 - 10
11. Proof and Intent
Defendants are presumed innocent until
proven guilty beyond a reasonable doubt
Most serious crimes require proof of the
defendant’s mens rea, or criminal intent
Defendant must have had capacity to form
criminal intent
Three types of incapacity recognized:
intoxication, infancy, and insanity
5 - 11
12. Arthur Andersen v. U.S.
Facts:
Arthur Andersen audited Enron’s accounting
practices
In response to government investigation of
Enron, Andersen began to destroy records
related to Enron – allegedly according to the
firm’s document retention policy – despite
objections by some employees
Records destruction continued until Andersen
was served with subpoenas for records
5 - 12
13. Arthur Andersen v. U.S.
Facts (cont.):
Andersen found guilty of “knowingly…and
corruptly” persuading employees to destroy
documents that would be needed in an official
proceeding (i.e., witness tampering)
Issue before the Supreme Court:
Whether Arthur Andersen’s conviction must
be reversed because the jury instructions
misinterpreted the elements of the offense
5 - 13
14. Arthur Andersen v. U.S.
Statutory interpretation:
Text establishes the mens rea – knowingly –
and then a list of acts
Discussion of trial court’s jury instructions:
Instructions lowered the level of culpability
required to impose criminal liability and
expanded the list of acts
Practical meaning: trial court judge made it too
easy to convict Andersen
5 - 14
15. Arthur Andersen v. U.S.
Held:
Jury instructions were flawed
Case remanded for further proceedings
5 - 15
16. Criminal Procedure
Arrest and booking of defendant
Arrest report filed with prosecutor
If defendant charged, complaint filed
Initial appearance of defendant
before judicial officer
Preliminary (probable cause)
hearing
5 - 16
17. Criminal Procedure
If probable cause exists, formal charge –
information or indictment – filed with court
Arraignment of defendant in which
defendant enters a plea
Guilty, not guilty, nolo contendere (no contest)
Defendant who pleads not guilty and faces
incarceration for more than six months may
choose a jury trial
Bench trial (judge only) also available
5 - 17
18. Constitutional Protections
Bill of Rights: first ten
amendments to the U.S.
Constitution
Literally binds only the
federal government,
but applied to states
through the due process
clause of the Fourteenth
Amendment
5 - 18
19. Constitutional Protections
Fourth Amendment protects persons against
unreasonable and arbitrary searches and
seizures
Interpreted by Supreme Court to protect a
reasonable expectation of privacy
General rule: warrantless searches are
unreasonable (unconstitutional)
See United States v. Hall
5 - 19
20. United States v. Hall
Facts:
U.S. Customs agent took bag of shredded
documents from dumpster outside Bel-Air,
Inc., a company under investigation
Agent used reconstructed documents to
obtain a warrant to search for and seize many
documents
Bel-Air’s chairman, Hall, indicted on various
counts for allegedly supplying restricted
goods to Iran
5 - 20
21. United States v. Hall
Facts (cont.):
Hall filed motion to suppress documentary
evidence arguing a violation of the Fourth
Amendment
Trial court denied motion; Hall was convicted
Issue on appeal:
Application of Katz test: whether Hall and
Bel-Air had a reasonable expectation of
privacy in the documents in the dumpster
5 - 21
22. United States v. Hall
Holding:
Bel-Air did not take
sufficient steps to restrict
public access to garbage,
thus subjective
expectation of privacy not
objectively reasonable
Trial court’s denial of
Hall’s motion affirmed
5 - 22
23. What is a Search?
Many Fourth Amendment cases carve out
exceptions to the general rule, establishing
activities that do not constitute a search:
Visual observation of things or activities in
public view
Narcotics detection dogs used in a public
place to investigate luggage or cars
Enhanced aerial photography of a facility
5 - 23
24. What is a Search?
But the Supreme Court in Kyllo
v. United States, held a device not in public
use to examine what would otherwise be
hidden is a search, thus presumptively
unreasonable without a warrant
5 - 24
25. Warrantless Searches
Supreme Court has held that constitutional
warrantless searches include:
Area within an arrestee’s immediate control
Premises police enter in hot pursuit of an
armed suspect
Stop-and-frisk searches for weapons
Inventory searches of property (e.g., briefcase,
automobile) in an arrestee’s possession
Consensual searches
5 - 25
26. The Exclusionary Rule
The exclusionary rule
prevents the use of
evidence seized in an
illegal search in a
subsequent trial of the
defendant
Supreme Court restricts
the operation of the rule
5 - 26
27. USA PATRIOT Act
Within six weeks after the attack on the
United States on Sept. 11, 2001, Congress
enacted a statute that amended more than a
dozen statutes and broadly expanded the
government’s ability to conduct searches of
property and library records, monitor
Internet activities, and track electronic
communications
5 - 27
28. The Fifth Amendment
The Fifth Amendment provides a privilege
or protection against compelled testimonial
self-incrimination
Practical meaning: a person may remain
silent if making a statement would assist the
government in prosecuting the person
Miranda warnings safeguard the right
Also prohibits prosecutorial comments at
trial about the defendant’s failure to testify
5 - 28
29. Missouri v. Seibert
Facts:
Seibert was arrested for murder and police
used a "question-first“ procedure in which
police questioned Seibert until she confessed
Once confession was made, police gave
Seibert her Miranda warnings, and questioned
her again until she again confessed
5 - 29
30. Missouri v. Seibert
Issue:
Is the rule that a suspect waives rights if
suspect confesses pre-Miranda warnings and
confesses again after warnings abrogated
when the initial failure to give warnings was
intentional?
Held:
“Question-first” procedure does not comply
with Miranda, thus defendants' statements
made during the procedure were inadmissible
5 - 30
31. Scope of Fifth Amendment
Self-incrimination privilege applies to
Testimonial admissions, thus police may compel a
defendant to provide non-testimonial evidence
(fingerprints, body fluids, hair)
Applies only to humans (not corporations)
Applies only if a defendant could be charged with
a crime (not merely a civil lawsuit)
Double jeopardy clause protects defendants
from multiple criminal prosecutions for the
same offense
5 - 31
32. Sixth Amendment
Applies to criminal
cases by guarantees of a
Speedy trial
Impartial jury
Right to confront and
cross-examine
witnesses
Right to effective
assistance of counsel
5 - 32
33. Test Your Knowledge
True=A, False = B
To convict a defendant of a crime, the
government must prove beyond a reasonable
doubt that the defendant committed the acts
Obscenity is fully protected speech by the
First Amendment to the Constitution
Only felonies require proof of the defendant’s
mens rea, or criminal intent
A defendant may choose one of three pleas:
guilty, not guilty, and nolo contendere
5 - 33
34. Test Your Knowledge
True=A, False = B
The Bill of Rights is the first dozen
amendments to the Constitution
The Fourth Amendment provides a privilege
from self-incrimination and double jeopardy
The Fifth Amendment protects persons
against unreasonable and arbitrary searches
and seizures
5 - 34
35. Test Your Knowledge
Multiple Choice
Sixth Amendment to the Constitution
guarantees
(a) Speedy trial
(b) Right to confront and cross-examine
witnesses
(c) Right to effective assistance of counsel
(d) Impartial jury
(e) All of the above
5 - 35
36. Test Your Knowledge
Multiple Choice
Which would not be a constitutional search?
(a) Taking bag of shredded documents from
a dumpster
(b) Aerial surveillance of a manufacturing
plant
(c) Thermal imaging device to detect heat in
a home
(d) A stop-and-frisk search for weapons
5 - 36
37. White Collar Crimes
Under modern rule, a business organization
may be liable for criminal offenses
committed by employees who acted within
the scope of their employment and for the
benefit of the corporation
Numerous policy debates about how to deal
with corporate crime
5 - 37
38. Ethics in Action
Does an employee have an ethical duty to
his or her employer?
When an employee learns of apparently
illegal conduct by his or her employer, does
the employee have an ethical duty to
become a whistleblower?
What practical consequences might an
employee face if he or she blows the whistle
on illegal corporate activity?
5 - 38
39. White Collar Crimes
Regulatory offenses
Example: violating the Clean Water Act
Fraudulent acts
Examples: false claims, fraudulent concealment,
wire fraud
Sarbanes-Oxley Act violations
Example: Knowingly altering documents or
business records with the intent to impede a
government investigation
5 - 39
40. White Collar Crimes
Bribery and Illegal Gratuities
Such as violating Foreign Corrupt Practices Act
Racketeer Influenced and Corrupt
Organizations Act (RICO) violations
Example of criminal RICO: using income
derived from a “pattern of racketeering activity”
Example of civil RICO: See
Cedric Kushner Promotions Ltd. v. King
5 - 40
41. Computer Crime
In general, existing criminal statutes apply
to criminal activity via computers, though
these laws often are inadequate
Computer Fraud and Abuse Act imposes
criminal and civil liability on a person who
“knowingly, and with intent to defraud,
accesses a protected computer without
authorization . . . [and] obtains anything of
value.”
5 - 41
42. Test Your Knowledge
True=A, False = B
An employee’s sole duty is to his or her
employer
RICO violations are only criminal in nature
An employee may access a company’s
computer to obtain personal information
about his or her supervisor and use the
information to persuade the supervisor to
give the employee a raise
5 - 42
43. Thought Questions
What do you think of the Arthur Andersen
case?
What do you think of the USA PATRIOT Act?
Are constitutional protections for criminal
matters overly broad or too narrow?
5 - 43
Editor's Notes
Example of narrow interpretation of statutes: U.S. v. Sun-Diamond Growers of California
The hyperlink is to the case information and opinion on the Oyez Project website.
One recognized exception to the rule about ex post facto laws is the environmental statute entitled Comprehensive Environmental Response, Compensation, and Liability Act CERCLA). CERCLA provides for criminal penalties, including imprisonment, for conduct that occurred before the law was enacted. The right of privacy held implicit in the Constitution caused the Supreme Court, in Griswold v. Connecticut (1965), to strike down state statutes that prohibited the use of contraceptive devices and the counseling or assisting of others in the use of such devices. The hyperlink is to the case information and opinion on the Oyez Project website. This decision provided the constitutional basis for the Court’s historic Roe v. Wade (1973) decision, which limited the states’ power to criminalize abortions.
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances. — The First Amendment to the U.S. Constitution Expression is obscene only if the government proves each element of the controlling obscenity test, which the Supreme Court established in Miller v. California (1973): (a) [That] the average person, applying contemporary community standards, would find that the work, taken as a whole, appeals to the prurient interest; (b) [that] the work depicts or describes, in a patently offensive way, [explicit] sexual conduct specifically defined by the applicable state law; and (c) [that] the work, taken as a whole, lacks serious literary, artistic, political, or scientific value. If any of the three elements is not proven, the work is not obscene; instead, it is entitled to First Amendment protection.
The hyperlink is to the case and opinion on the Oyez Project website.
The hyperlink is to the Supreme Court opinion.
The ruling in favor of Andersen did not prevent the collapse of the company. The company lost most of its clients after it was indicted and as of early 2006, there were approximately 100 civil suits still pending against the firm related to audits of Enron and other companies. The company began winding down its American operations after the indictment and from a high of 28,000 employees in the US and 85,000 worldwide, the firm as of early 2006 had only around 200 based primarily in Chicago. There is a website for Andersen alumni to connect, but the Andersen.com website is merely one page as of 2-20-06.
Booking is an administrative procedure and includes fingerprinting, mugshots, etc. Bail may be available at this stage. After receiving the arrest report, the prosecutor decides whether to charge the defendant with the alleged offense. During an initial appearance, the magistrate or judge informs the accused of the charges and outlines the accused’s constitutional rights. If a misdemeanor in which the defendant pleads guilty, the sentence may be imposed without a later hearing. If the accused pleads not guilty to a misdemeanor charge, a trial is set for a later date. The magistrate sets the amount of bail for any crime when a later trial date has been set. In many states, the preliminary hearing is an additional protection for felony cases. In a preliminary hearing, the prosecutor must introduce enough evidence to show probable cause that the accused committed a felony. If convinced of probable cause, the magistrate binds over the defendant for trial.
About ½ the states require a grand jury approve a decision to prosecute a person for a felony and issue an indictment. In the other states, felony defendants may be charged by either an indictment or an information (formal charged signed by prosecutor) at the prosecutor’s discretion. Misdemeanor cases are prosecuted by information in most states. About ½ the states require a grand jury approve a decision to prosecute a person for a felony and issue an indictment. In the other states, felony defendants may be charged by either an indictment or an information (formal charged signed by prosecutor) at the prosecutor’s discretion. Misdemeanor cases are prosecuted by information in most states. In an arraignment, the defendant is brought before a judge, informed of all charges, and asked to enter a plea (guilty, not guilty, or nolo contendere). Evidence of a guilty plea may be admissible in a later civil case against the defendant for the same conduct, but a nolo contendere plea is inadmissible in a later civil action.
United States v. Hall : William T. Parks, a special agent of the U.S. Customs Service, was investigating allegations that Bet-Air, Inc. (a Miami-based seller of spare aviation parts and supplies) had supplied restricted military parts to Iran. Parks entered Bet-Air’s property and removed, from a garbage dumpster, a bag of shredded documents. The dumpster was located near the Bet-Air offices in a parking area reserved for the firm’s employees. To reach the dumpster, Parks had to travel 40 yards on a private paved road. No signs indicated that the road was private. In later judicial proceedings, Parks testified that at the time he traveled on the road, he did not know he was on Bet-Air’s property. When reconstructed, some of the previously shredded documents contained information seemingly relevant to the investigation. Parks used the shredded documents and the information they revealed as the basis for obtaining a warrant to search the Bel-Air premises. In executing the search warrant, Parks and other law enforcement officers seized numerous documents and Bet-Air records. A federal grand jury later indicted Bet-Air’s chairman, Terrence Hall, and other defendants on various counts related to the alleged supplying of restricted military parts to Iran. Contending that the Fourth Amendment had been violated, Hall filed a motion asking the court to suppress (i.e., exclude) all evidence derived from the warrantless search of the dumpster and all evidence seized during the search of the Bet-Air premises (the search pursuant to the warrant). The federal district court denied Hall’s motion. Following a jury trial, Hall was convicted on all counts and sentenced to prison. Hall appealed to the 11th Circuit Court of Appeals.
The hyperlink is to the case opinion on the Findlaw.com website. One of Hall’s arguments was that the dumpster was on private property even though it looked like it was on public property. The court looked at this, but this was not a dispositive fact.
Ask your students what they consider reasonable steps to restrict public access to garbage.
Ask your students what they consider reasonable steps to restrict public access to garbage.
The hyperlink is to the case information and opinion on the Oyez Project website. The Kyllo ruling was limited to use of the thermal imaging device and the opinion departs from traditional Katz analysis. Justice Scalia has made it clear that he does not like the Katz “expectation of privacy” test because it tends to preserve an overly broad presumption that all warrantless searches are unconstitutional. Suspicious that marijuana was being grown in Danny Lee Kyllo’s home, federal agents used a thermal imaging device to scan his triplex to determine whether the amount of heat emanating from it was consistent with the amount emanated from high intensity lamps typically used for indoor marijuana growth. The scan showed that Kyllo’s roof and a side wall were relatively hot compared to the rest of his home and substantially warmer than the neighboring units. Based in part on the thermal imaging results, a federal magistrate judge issued a warrant to search Kyllo’s home, where the agents found marijuana growing. After Kyllo was indicted on a federal drug charge, he unsuccessfully moved to suppress the evidence seized from his home and then entered a conditional guilty plea. The Ninth Circuit Court of Appeals ultimately affirmed, upholding the warrant and holding that the evidence was admissible. Kyllo appealed, and the U.S. Supreme Court granted certiorari.
The hyperlink is to the Act. The PATRIOT Act is highly controversial. Some sections have already been declared unconstitutional and challenges to the constitutionality of the law continue. Included in the USA PATRIOT Act are measures allowing the federal government significantly expanded ability, in terrorism-related investigations, to conduct searches of property, monitor Internet activities, and track electronic communications. Most, though not all, actions of that nature require a warrant from a special court known as the Foreign Intelligence Surveillance Court. The statute contemplates, however, that such warrants may be issued upon less of a showing by the government than would ordinarily be required, and may be more sweeping than usual in terms of geographic application. Moreover, warrants issued by the special court for the search of property can be of the so-called “sneak and peek” variety, under which the FBI need not produce the warrant for the property owner or possessor to see and need not notify an absent property owner or possessor that the search took place (unlike the rules typically applicable to execution of “regular” warrants). The USA PATRIOT Act also calls for banks to report seemingly suspicious monetary deposits, and any deposits exceeding $10,000, not only to the Treasury Department (as required by prior law) but also to the Central Intelligence Agency and other federal intelligence agencies. In addition, the statute enables federal law enforcement authorities to seek a Surveillance Court warrant for the obtaining of individuals’ credit, medical, and student records, regardless of state or federal privacy laws that would otherwise have applied.
“ No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.” — The Fifth Amendment to the U.S. Constitution The Miranda v. Arizona decision, to safeguard the Fifth Amendment right, requires police officers to warn a defendant that the defendant has “the right to remain silent.” In Dickerson v. United States (2000), the Supreme Court classified the Miranda warnings as a constitutional rule, which Congress could not legislatively overrule.
Hyperlink is to the case information and opinion on the Oyez Project website.
“ In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.” — The Sixth Amendment to the U.S. Constitution
True False. To determine if expression is obscene, courts apply the three-part Miller test. False. Most serious crimes require proof of the defendant’s criminal intent, including misdemeanors. True
False False. The Fifth Amendment provides the privilege from self-incrimination and double jeopardy. False. The Fourth Amendment protects against unreasonable search and seizure.
The correct answer is (e), All of the above.
The correct answer is (c), a thermal imaging device to detect heat within a home. See the U.S. v. Hall decision.
Policy issues include how to penalize a corporation, are criminal fines enough to deter corporations from illegal conduct, should an individual employee be imprisoned for a corporate culture of misconduct, should a corporation be held liable for employees acting illegally, etc.
Every employee has a fiduciary duty of loyalty to his or her employer. This duty will conflict with a duty to society if the employer engages in illegal conduct. Numerous whistleblower protection laws exist. Though an employee probably will be protected by a federal or state whistleblower protection statute, the practical consequences of blowing the whistle on illegal conduct is that the employee will be terminated or, at the very least, ostracized. However, Time magazine selected three whistleblowers as Persons of the Year in 2002: Sherron Watkins of Enron, Coleen Rowley of the FBI, and Cynthia Cooper of WorldCom. See the article available at http://www.time.com/time/personoftheyear/2002/
The hyperlink is to the opinion on the Cornell University website. Cedric Kushner Promotions Ltd. v. King: Cedric Kushner Promotions Ltd. (Kushner), a corporate promoter of boxing matches, sued Don King, the president and sole shareholder of a rival corporation, alleging that King had conducted his corporation’s affairs in violation of § 1962(c) of the Racketeer Influenced and Corrupt Organizations Act. The district court dismissed the complaint. In affirming, the Second Circuit expressed its view that §1962(c) applies only where a plaintiff shows the existence of two separate entities, a “person” and a distinct “enterprise,” whose affairs that “person” improperly conducts. It was undisputed that King was an employee of his corporation and was acting within the scope of his authority. Under the Second Circuit’s analysis, King was part of the corporation rather than a “person” distinct from the “enterprise” who allegedly improperly conducted the “enterprise’s affairs.” In cases presenting similar facts, other circuit courts of appeal had concluded that the sole shareholder of a corporation was a “person” distinct from the corporate “enterprise.” Kushner appealed the Second Circuit’s decision, and the Supreme Court granted certiorari.
Example of violation of Computer Fraud & Abuse Act: accessing a competitor’s computer to obtain customer lists
False, since the government will contend that a higher duty to society exists. False, since RICO applies to civil violations as well as criminal violations. False, since such an act would be in violation of the Computer Fraud and Abuse Act.
Allows students to raise questions and discuss issues they may have heard in the news.