Legal Environment

Sample Solution

     

Civil vs. criminal case

A civil case is a dispute between two or more parties, typically involving a breach of contract or a tort. A criminal case is a case brought by the government against an individual for violating a criminal law.

State of mind

In order to convict a defendant of a crime, the prosecution must prove beyond a reasonable doubt that the defendant had the necessary state of mind, or mens rea, for the crime. The specific state of mind required depends on the crime. For example, murder requires the defendant to have acted with malice aforethought, while theft requires the defendant to have intended to deprive the owner of the property.

Full Answer Section

      Gathering evidence: 4th Amendment The Fourth Amendment to the United States Constitution protects people from unreasonable searches and seizures. This means that law enforcement officers cannot search a person or their property without a warrant or probable cause. There are some exceptions to the warrant requirement, such as incident to a lawful arrest, consent searches, and searches of public areas. After arrest Once a person is arrested, they must be brought before a judge without unreasonable delay. The judge will set bail and determine whether there is probable cause to hold the defendant for trial. If the defendant is held for trial, they will be arraigned, which is a formal reading of the charges against them. The defendant will then have the opportunity to enter a plea of guilty, not guilty, or nolo contendere. If the defendant pleads guilty, the judge will sentence them. If the defendant pleads not guilty, the case will go to trial.

2. Crimes That Harm Businesses (and their customers), I.e., Larceny, fraud, embezzlement, arson, etc.

Larceny Larceny is the theft of another person's property. Larceny can be committed in a variety of ways, such as shoplifting, pickpocketing, and robbery. Fraud Fraud is the intentional deception of another person in order to obtain something of value. Fraud can be committed in a variety of ways, such as identity theft, credit card fraud, and insurance fraud. Embezzlement Embezzlement is the fraudulent misappropriation of property that has been entrusted to the defendant. Embezzlement is often committed by employees who steal from their employers. Arson Arson is the willful and malicious burning of another person's property. Arson can have a devastating impact on businesses, as it can destroy inventory, equipment, and buildings.

3. Crimes Committed by Businesses (i.e., RICO, False Statements, Money Laundering, hiring undocumented workers)

RICO The Racketeer Influenced and Corrupt Organizations Act (RICO) is a federal law that prohibits businesses from engaging in organized crime activity. RICO cases can be complex and difficult to prosecute, but they can result in significant penalties for businesses that are convicted. False statements Businesses can also be held liable for making false statements to the government. For example, businesses that make false statements about their products or services can be held liable under the Consumer Protection Act. Money laundering Money laundering is the process of making illegally-gained proceeds appear legal. Businesses can be involved in money laundering by accepting cash payments for illegal activities or by providing financial services to criminals. Hiring undocumented workers It is illegal to hire undocumented workers in the United States. Businesses that hire undocumented workers can be fined and may also face criminal charges. Conclusion Crimes against businesses and by businesses can have a significant impact on the economy and on consumers. Businesses should be aware of the laws that apply to them and take steps to prevent and detect crimes.