Unit A Business Law

Essential Standard 1.00

Understand concepts of the legal system,

trial procedures, and ethics.

1.03-Understand Criminal and Civil Laws

Elements of Crime

• Criminal Act - punishable offense against society– Elements of Criminal Acts

1) Whether you were aware of your duty to do or not to do a specific thing

2) Whether you performed an act or omission on violation of that duty

3) Whether or not you had criminal intent

• Required state of mind- means the defendant intended to commit the act and intended to do evil

• Duty - responsibility to know the law and to conform their conduct to the law

Basic Crime Classifications

• Felony - A felony is a crime punishable by confinement for more than a year in a state prison or by a fine more than a $1000, or both.

• Misdemeanor - a less serious crime that is usually punishable in a local jail for less than one year, or by a fine or both.

• Infraction - An infraction is a noncriminal violation of law not punishable by imprisonment

Crimes

•Murder – the intentional killing of another person– 1st Degree Murder - willful, deliberate, and premeditated killing of another person either directly or through another felonious act

– 2nd Degree Murder - murder that is not premeditated or planned in advance.

– Manslaughter - the killing of another person with malice or intent, but mitigating circumstances reduce culpability

• Voluntary - Bar fight• Involuntary – Drunk driving

•Robbery - the wrongful taking of property from another person by threat or the actual use of force, violence or a weapon

Crimes

•Sex Offenses:–Statutory Rape - if the defendant engages in a sexual act with another person who is 13, 14, or 15 years old and the defendant is at least six years older than the person

•Consent does NOT matter

–Date Rape - a victim who is unconscious; or a victim who is physically unable to resist or communicate unwillingness

Crimes

•Assault

– Simple Assault - is an attempt to commit a battery against another person

– Battery - is the unlawful touching or forceful striking of another person using a hand, a weapon or other instrument.

– Aggravated Assault - a person that inflicts serious injury upon another person or uses a deadly weapon

Note: N.C. Assault Statutes do not distinguish between assault and battery as both are included as part of the assault criminal statute.

Crimes

•Kidnapping - the unlawful removal or restraint of a person against his or her will.

•Domestic Violence: – N. C. Domestic Violence Laws

1. Domestic Victim Defined:

1. Are current or former spouses

2. Are persons of opposite sex who live together or have lived together

3. Are related as parents and children,

4. Are current or former household members

5. Are persons of the opposite sex who are in a dating relationship or have been in a dating relationship

Crimes

(Domestic Violence continued)

–Criminal Law Process-Requirements:

Domestic violence means the commission of one or more of the following acts:

1. Attempting to cause bodily injury, or intentionally causing bodily injury

2. Placing the aggrieved party or a member of the aggrieved party's family or household in fear of imminent serious bodily injury or continued harassment

Crimes

(Domestic Violence continued)

–Civil Law Process-Requirements:• The court, from specific facts shown, may enter an order as it deems necessary to protect the plaintiffs if there is a danger of acts of domestic violence against them from a defendant.

Crimes

• Burglary - Any person who breaks or enters any building with intent to commit any felony or larceny therein

• Larceny - Larceny of property where the value of the property or goods is not more than one thousand dollars ($1,000)

• Vandalism - the willful or malicious damage to property either private or public.

• Arson - To willfully set fire to or burn or cause to be burned or aid, counsel or procure the burning of any building or other structure of any type

•Embezzlement – To take with intent to

Fraudulently, knowingly and willfully misapply or convert to his own use, any money or items with monetary value.

Crimes

• Fraud-when a person or a business uses deception to obtain money or property.• Money Laundering-When illegally obtained money is put into or through a business to hide it’s origin• Forgery-placing a false signature on a check or other document in order to deceive or deprive someone of their property• Treason-giving aid and comfort to enemies of the United States

Crimes

•Perjury-occurs when a person under oath lies during a court or

administrative process• Obstruction of Justice-occurs when a persons does something that hinders the court to move forward in a case• Bribery-is giving money or property to a public official in exchange for a favor• Contempt of Court-occurs when a person ignores a court order or shows a lack of respect for the court

Civil Laws

Tort - is a private wrong committed by one person against another

Elements of a Tort

1. Duty - the obligation to use a reasonable standard of care to prevent injury to others

2. Breach - when you breach or break, your duty to another

person

3. Causation - means that breach of duty caused the injury

1. Proximate Cause - when it is reasonably foreseeable that a breach of duty will result in

an injury.

2. Vicarious Liability - when one person is liable for the torts of another

4. Actual Harm - The victim suffers an injury, has property destroyed or loses a lot of money.

Civil Laws

Most Common Torts

•Assault - occurs when one person intentionally puts another in reasonable fear of an offensive or harmful bodily contact•Battery - the harmful or offensive touching of another•False Imprisonment - the intentional confinement of a person against

the person’s will and without the lawful ability to do so•Defamation - a false statement that injures a persons’ reputation or

good name•Invasion of Privacy - uninvited intrusion into a persons’ personal

relationships and activities•Trespass to Land - entry onto the property of another without consent•Conversion - when property is stolen, destroyed or used in a manner

that is inconsistent with an owner’s rights

Civil Law

Common Torts

•Interference with Contracts - if a third party encourages a breach in any way, then that third party may be liable in tort

•Fraud - occurs when there is an intentional misrepresentation of an existing important fact (that is a lie) which causes the victim to give up a right or something of value

Civil Law

Negligence - is a tort that results when one person carelessly injures another. It is an accidental tort and requires no intent.

Elements of Negligence

1) The defendant owed the plaintiff a duty of care

2) The defendant breached that duty by being careless

3) The defendant’s carelessness was the proximate cause

of harm

4) The plaintiff was actually hurt by the defendant’s carelessness.

Civil Law

Defenses to Negligence

•Contributory Negligence - a defense whenever the defendant can show that the victim did something that helped cause his or her own injuries•Comparative Negligence - a defense that is raised when the carelessness of each party is compared to the other party’s carelessness•Assumption of Risk - a defense raised when the plaintiff knew of

the risk involved and still took the chance (assumed risk) of being injured

Civil Law

Civil Remedies

•Court Injunctions - is a court order that prevents a party from performing a specific act and may be temporary of permanent

•Damages - is a payment recovered in court by a person who has suffered an injury

Civil Law

•Alternative Dispute Resolution - occurs when parties try and resolve a disagreement outside of the usual court system

•Mediation - occurs when parties to a dispute invite a mediator, to help solve the problem

*Advantage - final decision remains in the hands of the parties

•Arbitration - giving the power to settle their dispute to a third party.

*Advantage - often results in a fair solution because the decision is in the hands of an objective third party