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PLU-BUSA303-04-Chapter+6 - Chapter 6 Criminal Law and Cyber...

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Criminal Law andCyber CrimeChapter 6BUSA303, Business Law and Ethics1
Criminal Law andCyber CrimeSection 6-1, pp. 152-155BUSA303, Business Law and Ethics2
Criminal Law and Civil Law(Section 6-1, pp. 152-155)BUSA303, Business Law and Ethics3Note: In some cases, the same event can lead to both civil liability andcriminal liability (e.g., the OJ Simpson case.Crimes are either felonies (serious crime with more than a year in prison)or misdemeanors (less serious crimes generally punishable by less thana year in prison)
Criminal LiabilitySection 6-2, pp. 155-158BUSA303, Business Law and Ethics4
Elements of a Crime(Section 6-2, p. 155)Criminal Act (actus reus).A guilty (prohibited)act: one of the two essential elements requiredto establish criminal liability.State of Mind (mens rea).A wrongful mentalstate (“guilty mind”), or intent: one of the twoelements required to establish criminal liability.Intentional CrimesRecklessness.Conscious disregard of a substantialand unjustifiable risk.Criminal Negligence.Unjustified, substantial andunforeseeable risk that results in harm.4/26/17BUSA303: Business Law and Ethics5
The Nemetz Case4/26/17BUSA303: Business Law and Ethics6
Types of CrimesSection 6-3, pp. 158-164BUSA303, Business Law and Ethics7
Types of Crimes(Section 6-3, pp. 158-164)Violent CrimeProperty CrimePublic Order CrimeWhite Collar CrimeNonviolent crime committed byindividuals or corporations to obtain apersonal or business advantage.Organized CrimeBUSA303: Business Law and Ethics8
State of Minnesota v. SmithCourt of Appeals of Minnesota, 2015 WL 303643Case 6.1, p. 159What kind/level of court is this?Who is the defendant in this case?What were the facts?What happened at the trial court?What was the issue on appeal?How did the appeals court rule?What was the holding?Do you agree with this decision?Why was the defendant convicted ofembezzlement rather than larceny?What isthe difference?BUSA303, Business Law and Ethics9
People v. SisuphanCourt of Appeal of California, First District, 181 Cal. App. 4th800, 104 Cal. Rptr.3d 654Case 6.2, p. 162Who is the defendant in this case?

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Term
Spring
Professor
DianeMacDonald
Tags
Business Law, criminal law, theft

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