Business Law Essay - 908 Words

Chapter 8 QA 3. For a crime to be committed, the prosecutor must be able to prove a criminal intent and an overt act to carry out that intent. Jack and Mary agreed to rob a series of banks. Prior to beginning their bank robbery spree, they were arrested and charged with criminal conspiracy. What act did Jack and Mary do that justifies a finding that they committed the crime? Explain. As a general rule, crime involves combination of act and criminal intent. A crime is committed when it is acted upon with a criminal intent. An act of crime without a criminal intent is not a crime. Once an idea of a crime has been communicated and planned out it is considered a conspiracy. A conspiracy is a crime. The crime is justified due to†¦show more content†¦If there were no probable cause and there was not a warrant granted by a judge then Suzy would be protected under the fourth amendment. The exclusionary rule under the fourth amendment will also protect any evidence obtained since the â€Å"uppers† were illegally obtained by the police officer. 6. Devin was arrested and tried for embezzlement. After deliberating for three days, the jury informed the judge that it was hopelessly deadlocked and could not reach a verdict. The judge declared a mistrial and scheduled a new trial. Devin objected, contending that a second trial constituted double jeopardy. Is he correct? Explain. In this case, the second trial would not be considered double jeopardy. Double jeopardy means that a person cannot be tried twice for the same crime. He was never acquitted of the crime. Since the jury could not reach a verdict, it was a mistrial case. Once a verdict was reached and carried out, Devine could not be trailed again for same crime. In the case that the defendant appeals and obtains reversal of a conviction, they may be tried again. The reversal means that the defendant was not in jeopardy. The reversal is basically a willingness of the defendant to be tried for crime. In another case, If the crime is committed against two or more people or in multiple states or if the crime is in violation of both state and federal laws the defendants protection against double jeopardy does not prevent multiple trials. 8. AShow MoreRelatedBusiness Law And Ethics : Backoffice Business Brief1862 Words   |  8 Pages Running head: BACKOFFICE BUSINESS BRIEF 1 Business Law and Ethics BackOffice Business Brief Patten University BACKOFFICE BUSINESS BRIEF 2 Constitutional Rights and Guarantees BackOffice is a new startup business that will provide potential clients with an application (app) that woul d automate certain business functions. BackOffice will be selling the app to certain business clients that will use it to facilitate their customers’ transactions. It is important that the owner of this companyRead MoreLegal Underpinnings of Business Law Essay609 Words   |  3 PagesLegal Underpinnings of Business Law OMM 670: Legal Environment February 25, 2013 Legal Underpinnings of Business Law Business | Type of Business | Liability Exposure | Compare | Contrast | Tinker’s Home Security Service | Sole proprietorship | Unlimited | Monetary rewards are from both the Proprietor amp; business | Sole Liability | Tinker amp; Tailor’s Home Security Service | General partnership | Unlimited | All partners are responsible whether silent or active | If you areRead MoreLaw 531 Business Forms Worksheet1386 Words   |  6 Pagesï » ¿University of Phoenix Material Business Forms Worksheet There are seven forms of business: sole proprietorship, partnership, limited liability partnership, limited liability company (including the single member LLC), S Corporation, Franchise, and Corporation. 1. 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The issue of this case will be whether James can hold Happy Holiday Hotel responsible for the loss of his property notwithstanding the exemption clause found in the hotel rooms. Under the Exemption Clauses in Common Law, it states that in order for this clause to be valid, the clause must be included in the contract when the contract is made. If there is any attempt to include it in after theRead MoreBusiness Law1088 Words   |  5 Pagesconditional constitute consideration? Yes, such a promise consideration even if the condition is unlikely to occur. 3. What is the general rule about the adequacy of consideration? The adequacy of the consideration is irrelevant because the law does not prohibit bargains. 5. Is there consideration when a secured note for a lesser amount is given and accepted in discharge of an unsecured note for a greater amount? Explain. No, because if a secured not for a lesser amount is given andRead MoreBusiness Law2474 Words   |  10 Pagesnature of liability in negligence amp; (3.3) Explain how a business can be vicariously liable 4 (4.1) Apply the elements of the tort of negligence and defences in the above different business situations for the legal officer who is assigned to VJSC amp; (4.2) Apply the elements of vicarious liability in above different business situations for the legal officer who is assigned to VJSC 8 Conclusion 11 References 12 Introduction Law plays important roles to protect benefits, obligations and