Business Law Essential Standard 1.00 Objective 1.03

1. Business LawEssential Standard 1.00Objective 1.03 Understand Criminal and Civil Laws

2. Elements of Crime • Criminal Act- An act that is punishable offense against society. • Elements of Criminal Acts: • Whether you were aware of your duty to do or not to do a specific thing • Whether you performed an act or omission on violation of that duty • Whether or not you had criminal intent • Required state of mind- Determining if the defendant intended to commit the act and intended to do evil.

3. Basic Crime Classifications • Felony- 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- A noncriminal violation of law not punishable by imprisonment.

4. Crimes • Murder- The intentional killing of another person. • 1st Degree Murder- Willful, deliberate, and premeditated killing of another person either directly or through another felonious act. • 2nd Degree Murder- An inherently dangerous act or omission, done in such a reckless and wanton manner without regard for human life. • Voluntary 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.

5. 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- Victim is unconscious or physically unable to resist an act a sexual act or communicate unwillingness to submit to an act of vaginal intercourse or a sexual act.

6. Crimes (continued) Assault: • Simple Assault- An attempt to commit a battery against another person. • Battery- The unlawful touching or forceful striking of another person using a hand, a weapon or other instrument. • Aggravated Assault- Aperson that inflicts 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.

7. Crimes (continued) • Kidnapping- The unlawful removal or restraint of a person against his or her will. • Domestic Violence: • N.C. Domestic Violence Laws • Domestic Victim Defined: • Current or former spouses. • Related as parents and children. • Current or former household members. • Persons who are in a dating relationship.

8. Crimes (continued) Criminal Law Process-Requirements: Domestic violence means the commission of one or more of the following acts: • Attempting to cause bodily injury, or intentionally causing bodily injury. • 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.

9. Specific Crimes (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. (50B)

10. Crimes (continued) • Burglary- Any person who breaks or enters any building with intent to commit any felony or larceny therein. • Larceny- Occurs where the value of the property or goods is not more than one thousand dollars ($1,000). • Vandalism- Willful or malicious damage to property. • Arson- Willfully setting fire to or cause to be burned any building or structure of any type. • Embezzlement- Fraudulently or knowingly and willfully misapplying or converting any item of monetary value to one’s own use.

11. Specific Crimes (continued) • Fraud- Using deception to obtain money or property. • Money Laundering- 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- When a person lies during a court or administrative process. • Obstruction of Justice- When a persons does something that hinders the court to move forward in a case. • Bribery- Giving money or property to a public official in for a favor. • Contempt of Court- When a person ignores a court order or shows a lack of respect for the court.

12. Civil Laws • Tort- A private wrong committed by one person against another. • Elements of a Tort: • Duty-Obligation to use a reasonable standard of care to prevent injury to others. • Breach- Break or breach duty to another person. • Causation- That breach of duty caused the injury. • Proximate Cause- Reasonably foreseeable that a breach of duty will result in an injury. • Vicarious Liability- A person is liable for the torts of another. • Actual Harm- Injury caused and property is destroyed or loss of monetary value.

13. Civil Laws • Assault- 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 ones’ personal relationships and activities.

14. Civil Law • 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.

15. Civil Law • Negligence- A tort that results when a person carelessly injures another. It is an accidental tort and requires no intent. • Elements of Negligence: • The defendant owed the plaintiff a duty of care. • The defendant breached that duty by being careless. • The defendant’s carelessness was the proximate cause of harm. • The plaintiff was really hurt by the defendant’s carelessness.

16. Civil Law • Defenses to Negligence: • Contributory Negligence- The defendant can show that the victim did something that helped cause his or her own injuries. • Comparative Negligence- When the carelessness of each party is compared to the other party’s carelessness. • Assumption of Risk- When the plaintiff knew of the risk involved and still took the chance (assumed risk) of being injured.

17. Civil Law • Civil Remedies • Court Injunctions- Court order that prevents a party from performing a specific act and may be temporary or permanent. • Damages- A payment recovered in court by a person who has suffered an injury.

18. Civil Law • Alternative Dispute Resolution- Resolving a disagreement outside of the usual court system: • Mediation- 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.