BUSINESS LAW

ESSENTIAL STANDARD 1.00

OBJECTIVE 1.03
Understand Criminal and Civil Laws
Elements of Crime
 Criminal Act- An act that is a 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
2) Whether you performed an act or omission
in violation of that duty
3) 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.
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.
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.
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 (4 years in NC). 16
years old is the age of consent in NC. Nobody
under 16 can consent.
 Date Rape- Victim is unconscious or physically

unable to resist a sexual act or communicate

unwillingness to engage in a sexual act.
Crimes (continued)
Assault:
 Simple Assault- An attempt to commit a battery against
another person. It also refers to causing the individual to
be in fear or apprehension of an imminent battery. The
crime does not involve physical contact with the victim.
 Battery- 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
 Domestic Victim Defined:
 Current or former spouses.
 Related as parents and children.
 Current or former household members.
 Persons who are in a dating relationship.
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.
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.
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.
 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 for a favor.
 Contempt of Court- When a person ignores a court order or
shows a lack of respect for the court.
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.
 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 person’s
reputation or good name.
 Slander- Saying something defamatory

 Libel- Writing something defamatory

 Invasion of Privacy- Uninvited intrusion into one’s personal

relationships and activities.
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.
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.
 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.
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.
 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.