Case 221 vagias v woodmont properties nj 2006

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Case 22.1 Vagias v. Woodmont Properties (NJ 2006). Warranties: Express (clearly explicitly written). Implied (under UCC coverage and understood by industry standards). Disclosures and limitations. Pp.607-609. Magnusson –Moss Act, p611. Fig.22.1, p.611. Consumer Product Safety Act, p.611. Food and Drug Administration (FDA): Food contamination, restaurants, grocery stores, pharmaceuticals, beauty products. Credit cards and identity theft, p.619. Consumer debt collection, p.621. Chp. 23 Criminal Law and Business Entity -criminal procedure= legal process and safeguards afforded to individuals during criminal investigations, arrests, trials, and sentencing
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-fraud=1 party makes false representations of a matter of fact intended to deceive another -warrant=court order authorizing an officer to arrest, search, seizure thing associated w/criminal case -misdemeanor=crime punishment of incarceration of up to 1 year -embezzlement=fraudulent concealment of financial records to perpetrate thief -conspiracy= when 2+ people commit a criminal act -exclusionary rule is a judicial rule that states that a court shall not accept evidence that was obtained as a result of constitutional violation -elements of criminal fraud:1. false representation (concealment) concerning a material fact, 2. Another party relied on the false misrepresentation of the fact and suffered damages as a result -ponzi scheme=type of fraud where investors are paid from other investors’ money instead of from actual profit -plain view doctrine= police do not violate the 4th amendment by viewing evidence that’s out in the open -actus reus= latin term for physical act required in order to fulfill the elements of the crime -obstruction of justice=1. Lying to investigators 2. Altering docs, 3. shredding/concealing docs or media, 4. Inducing other witnesses to lie or refrain from cooperating w/authorities -due to doctrine of the fruit of the poisonous tree; if evidence is indirectly obtained due to a defendant’s rights being violated, evidence will be barred from being admitted -good faith exception is the exception of pois. Tree, if done in good faith. -modal penal code must relate to a mental disease/defect -self-defense doctrine involves a defendant’s use of deadly force to defend against an attack -ways to punish criminal: 1. Crim. law acts as deterrent 2. It removes dangerous crims. From pop. 3. Rehabilitation is important to justice system -double jeopardy=defendant canot be prosecuted twice for same offense ( cannot try same offense) -white collar crime=violations by corps/individuals acting in the course of their bus. Duties -felonies=1+ years of incarceration as penalty -5th amendment protects defendants against self-incrimination -principle of legality=protects individuals from being charged w/unspecified crim offenses -mens rea=guilty mind (latin)necessary mental state defendant needs to be convicted of crime -6th amendment guarantees speedy trial -criminal law is under state statutory law -act by omission=crime defined in terms of failure to act -there are no federal common law crimes Business Torts may be civil (torts against individuals) or criminal (torts against society at large). Criminal
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