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businesslawoutline - 23/02/2010 22:04:00 Chapter 8 Criminal...

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Unformatted text preview: 23/02/2010 22:04:00 Chapter 8 Criminal law-prohibits conduct threatening to the people and social stability Government prosecutes crimes Has right to trail by jury Punishment-fine or prison sentence o Guilty- a courts fining that a defendant has committed a crime o Restitution-a court order that a quilty defendant reimburse the victim for the harm suffered o Acquit-find someone not guilty Felony- 1 0r more yrs prison sentence Misdemeanor- 1 or less county jail Deterrence Specific deterrence- is intended to teach this defendant that crime carries a heavy price tag General deterrence- is the goal of demonstrating to society generally that crime must be shunned Retribution- giving back to the criminal precisely what he deserves civil law- pay a fine, compensate victim vengeance-when a serious crime has occurred, society wants the perpetrator to suffer rehabilitation-provide training so that he may return to a normal life Burden of Proof Beyond a reasonable doubt- the very high burden of proof in a criminal trail, demanding much more evidence and certainty than required in a civil trail; more proof Actus reus- guilty act; the prosecution must prove that the defendant voluntarily committed a prohibited act Mens Rea- guilty state of mind; requires convincing evidence about something that continue page 177 Chapter 9 Important Active state Commity Foreign sovereign immunity act Exporting- shipping goods or services out of a country Export administration act of 1985-balances the need for free trade, which is essentialin a capitalist society, with important req of national security ; permits fed govt to restrict exports if they endanger security, harm foreign policy goals, or drain scarce materials Controlled Commodities List Arms Export Control act-permits the president to create a list of controlled goods, all related to military weaponary; prohibit you from exporting the infrared domes to the overseas company Importing-shipping goods or services into a country Tariff (duties)- is a tax imposed on goods when they enter a county Protect domestic industries Classification- before imposing a tariff, the Customs Service decides the precise nature of imported merchandise 2 Tariff will vary depending on the classification Ad Valorem-customs officials impose duties according to the value of the goods The service must determine the value of the merchandise before it can tax a percentage of that value Transaction value-price actually paid for the merchandise when sold for...
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businesslawoutline - 23/02/2010 22:04:00 Chapter 8 Criminal...

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