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-an act that is 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 Duty-it is everyone's duty to know the law and to conform their conduct to the law Violation of Duty-the specific conduct that violates the statute 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

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 1 st Degree Murder-willful, deliberate, and premeditated killing of another person either directly or through another felonious act. A murder which shall be perpetrated by means of a nuclear, biological, or chemical weapon of mass destruction as defined in G.S. 14 ‑ , poison, lying in wait, imprisonment, starving, torture, or by any other kind of willful, deliberate, and premeditated killing, or which shall be committed in the perpetration or attempted perpetration of any arson, rape or a sex offense, robbery, kidnapping, burglary, or other felony committed or attempted with the use of a deadly weapon shall be deemed to be murder in the first degree 2 nd Degree Murder-An inherently dangerous act or omission, done in such a reckless and wanton manner without regard for human life. A murder other than described in subsection (a) of this section or in G.S shall be deemed second degree murder. Any person who commits second degree murder shall be punished as a Class B1 felon, except that a person who commits second degree murder shall be punished as a Class B2 felon in either of the following circumstances:(1) The malice necessary to prove second degree murder is based on an inherently dangerous act or omission, done in such a reckless and wanton manner as to manifest a mind utterly without regard for human life and social duty and deliberately bent on mischief. Manslaughter-the killing of another person with malice or intent Robbery-the wrongful taking of property from another person by threat or the actual use of force, violence or a weapon

Specific Crimes (continued) Rape/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 Date Rape-a victim who is unconscious; or a victim who is physically unable to resist an act a sexual act or communicate unwillingness to submit to an act of vaginal intercourse or a sexual act

Crimes (continued) 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 i nflicts 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 (continued) 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 (continued) (Domestic Violence continued) Criminal Law Process-Requirements: (a) Domestic violence means the commission of one or more of the following acts upon an aggrieved party or upon a minor child residing with or in the custody of the aggrieved party by a person with whom the aggrieved party has or has had a personal relationship, but does not include acts of self ‑ defense: (1) Attempting to cause bodily injury, or intentionally causing bodily injury; or (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, that rises to such a level as to inflict substantial emotional distress; or (b) For purposes of this section, the term "personal relationship" means a relationship wherein the parties involved: (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, including others acting in loco parentis to a minor child, or as grandparents and grandchildren. For purposes of this subdivision, an aggrieved party may not obtain an order of protection against a child or grandchild under the age of 16; (4) Have a child in common; (5) Are current or former household members; (6) Are persons of the opposite sex who are in a dating relationship or have been in a dating relationship. For purposes of this subdivision, a dating relationship is one wherein the parties are romantically involved over time and on a continuous basis during the course of the relationship. A casual acquaintance or ordinary fraternization between persons in a business or social context is not a dating relationship.

Specific Crimes (continued) (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 (continued) 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- Take, make away with or secrete, with intent to embezzle or fraudulently or knowingly and willfully misapply or convert to his own use, any moneyor items with monetary value.

Specific Crimes (continued) 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 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 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 really 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 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