Rule of Law: Criminal Law

Facts 1: Sophie is the president of Tasty Foods Corporation, a wholesale grocery company. An inspection by Uri, a government agent, uncovers unsanitary conditions caused by Vic, a Tasty Foods employee, in the company’s warehouse. Will, a Tasty Foods vice president, assures Uri that the situation will be corrected, but a later inspection reveals no such corrections. Sophie knows nothing about any of this.

Issue: Can Tasty Foods be convicted of a crime in these circumstances? Define, explain, and decide

Issue: Can Sophie be held personally liable? Define, explain and decide

Facts 2: Fred, a successful stockbroker, gives a lecture about investing. Some of the persons who attend the lecture form Gain & Profit, an investment club, and ask Fred to advise them. Gain & Profit allows Fred to set up an account for the club with a brokerage firm and gives Fred control of the account, but does not authorize Fred to withdraw funds for his own benefit. Fred uses the money in the Gain & Profit account to repay personal loans. Charged with embezzlement, Fred defends his actions on the ground that he intended to repay the club.

Issue: Is Fred guilty of embezzlement? Why or why not? Define, explain and decide.

Answer:

The answer to both questions is yes.

Explanation:

A corporation may be held liable for the crime of its employee if (1) the criminal act is within the scope of the employment and the purpose of the statute defining the act as a crime is to impose liability on the corporation, (2) the crime consists of a failure to perform a specific duty imposed on corporations by law, and (3) the crime was authorized by one of the corporation's "high managerial agents." Here, all of these elements exist. The unsanitary conditions in the warehouse are within the employee's scope of employment, the crime consists of a failure to keep the warehouse clean, and the crime was authorized by a company vice president. As for the president's personal liability, if she has the authority and the responsibility to deal with the situation, she can be held personally liable. A corporate officer must have the authority and the responsibility to deal with such situations. Personal liability is imposed in these circumstances, not because the corporate officer knew about the crime or intended it, but because the officer is in a "responsible relationship" to the corporation and has the power to prevent the crime. Under this "responsible corporate officer" doctrine, a corporate officer can be held liable for an employee's violations of the law. This liability may be imposed regardless of whether the officer participated in, directed, or knew about the violation.

What do the layers in this sedimentary rock reveal?sedimentary rock showing lines of different colored rock formed over time

In your opinion, do you think that the different degrees of a crime should have different punishments? Or do you think there should be just one established punishment for a crime, no matter what the degree? Explain your answer.

6.
Class B fires use the following as fuel:
a.
wood, paper and cloth.
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b.
magnesium, sodium and zinc.
o close
C.
grease, gas and oily
up

What legal concept gives the Supreme Court power to influence and mold the everyday operating procedures of the police, trial courts, and corrections agencies?
1.) Pro bono
2.) Implicit bias
3.) Mediation
4.) Precedent

When the defense and the prosecution work together in a spirit of cooperation to get the case over with rather than fighting it out, this is known as what?


The rule of four


The formal justice system


Community prosecution


The informal justice system

The authority to make decisions in enforcing the law based on one's observations and judgment
rather than the letter of the law is referred to as which of the following?

Anita runs a business supplying furniture for special events. She has a contract to provide 100 chairs for Bob's 60thbirthday garden party, for $500. On the morning of the party, Bob and his helpers are setting up for the day's celebrations. Anita arrives, but she has only brought 93 chairs. She first speaks to Bob's nephew, Jasper. When he hears that only 93 chairs have arrived, Jasper quickly gets into his car to go find another furniture hire business. He finds one that will provide 7 similar chairs, for a cost of $63. When Anita sees Bob inside, and tells him she has only brought 93 chairs, Bob is angry. Anita claims that Bob must pay her the full $500, but Bob disagrees. Is Anita entitled to any payment (and if so, how much)?

power steering will be affected if your engine stalls true or false

Under constitutional law, does the President have the legal authority to mandate anything on the citizens in our country?​