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.
3.
Whether you performed an act or omission on
violation of that duty
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
1st 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. 14-288.21, 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
2nd 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. 14-23.2 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 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.
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 money or 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