Broad definition of weapon iii. Arson 1. Setting something on fire 2. Maliciously (vicious intent)
iv. Forgery 1. Falsifying/altering legal document 2. With intent to fraud g. White-collar crimes: typically non-violent or in a business setting i. Liability of corporations: encouraged it 1. If it wasn’t encouraged, corporation still has to pay 2. Corporation is its own legal entity ii. Types of punishment 1. Fines 2. Civil suit 3. Civil service 4. Company can be shut down iii. Liability of corporate officials 1. Can go to jail 2. Started with Enron 3. If they know, they are on the hook 4. Retribution key targeting point 2. Torts i. Definition: wrong committed against an individual (private v. private) ii. Focused on making plaintiff whole: defendants responsibility iii. Accidental or intentional? DOES NOT MATTER iv. Requirement: MUST BE AN INJURY v. Standard: reasonable person b. Types of torts i. Negligence 1. Rule: we are supposed to be careful 2. Elements a. Duty: what a reasonable person would deem careful i. Extent of duty depends on situation ii. Reasonable foreseeability: all people subject to your carelessness iii. Different levels of duty according to position 1. Don’t owe duty to trespassers b. Breach: defendant breached duty i. When someone is injured, carelessness = breach ii. Court looks at if defendant was being reasonable iii. Court considers: community, industry iv. Negligence per se: certain things automatically negligible but differs per state v. Saves court $$ c. Proximate cause – breach proximately caused injury i. Proximate = direct link ii. Links in the chain can be broken; i.e. natural disaster d. Injury i. Physical, financial, emotional, property damage ii. Emotional distress: hard to prove, need circumstantial evidence, injury is not enough
iii. Anticipation of injury is not enough 3. Defenses a. Statute of limitations: need to file lawsuit within time period i. If obvious, clock starts immediately ii. When plaintiff becomes aware b. Plaintiff’s fault i. Contributory negligence: if plaintiff contributed ANY fault, can’t sue ii. Comparative negligence: who has more fault 1. If plaintiff is more at fault than defendant, can’t sue 2. Can only sue for % defendant is at fault iii. No fault: system that doesn’t assign fault 1. Workers compensation: eliminates fake injuries ii. Intentional Torts a. Must be INTENT 2. Assault and battery a. Elements i. Unreasonable physical contact ii. Plaintiff must be injured b. Defenses i. Self defense ii. Consent 3. Defamation a. Elements i. Defendant said something bad about plaintiff ii. Others heard it iii. Plaintiff’s reputation in harmed b. Defenses i. Plaintiff already had a bad rep ii. Truth, also opinion iii. If in trial, cannot sure c. Malice applies to defamation against celebrities, need to prove this as well 4. False Imprisonment a. Elements i. Defendant intentionally restrained, confined ii. Plaintiff knows they have been confined iii. Plaintiff is injured (liberty taken) b. Defenses i. Consent ii. If defendant is not aware of imprisonment, cannot sue iii. Ability to restrain: police, parents have this ability 5. Trespassing a.
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- Spring '08
- i., ii., Embezzlement, a. Elements