Corporate Criminal Liability
31 important questions on Corporate Criminal Liability
What 2 elements must be present for serious criminal offences?
2. Mens rea - Guilty mind, which is the culpable state of mind during the act
Both must occur at the same time to qualify for a criminal act
What are the 3 element of the actus reus of murder in the UK?
2. Of a human being
3. Under the Queen's peace (not at wartime)
What are the 3 types of actus reus?
2. Result crime - the actus reus needs a specific consequence/result
3. Omission - if the law imposes a positive duty to act
- Higher grades + faster learning
- Never study anything twice
- 100% sure, 100% understanding
For my 1st exam I got a C. Then, I started looking for ways to learn better and I came across Study Smart. Since then I have scored a A+, A, A- and another A. I highly recommend it to everyone who wants to hear it. I am so happy with it!!
I was struggling to finish all my first-year subjects for 3 years. Then I discovered Study Smart, which helped me to finish all of them within 3 months.
Because of StudySmart, things are going well in many ways. Before, I always had study stress and no time for anything. Now I feel calm and confident (because of the program). I used to score a B, now I usually score an A or A+.
Hey Chris, I really want to thank you very much for developing the platform, I usually got around C for my exams, now I scored an A+, an A and a A- !!
Since using Study Smart, my average has increased significantly. I even completed a statistics course with a A+ while I'm bad at statistics. I took on extra courses this year, because of Study Smart. Thanks so much!
Ever since I started studying with StudySmart I passed all my exams !!! No more re-sits!! At first, I was happy with a pass and now I only get good grades. Many thanks!
I aced all the courses I studied with Study Smart. For law, I first scored a D, and now an A! I’m 100% sure that I’ll pass all the courses I study with Study Smart.
I always thought I studied well. My grades were fine. I could never have imagined that applying these study skills would have such a huge and direct impact on my grades, my speed and the pleasure I have in learning.
For the first time, I finally feel totally confident about the way I learn. I have the perfect overview and make great progress in terms of speed and the grades I get. Thanks, Chris!
I immediately started to enjoy learning again, and my grades soared. All of a sudden, everything went better. I highly recommend Study Smart to all students..
Being able to create my materials online made the process of studying so much smoother and quicker. I no longer have to spend a huge amount of my time on creating my summaries.
At first, my notes were a mess. Now I use Study Smart to take my notes in a perfectly structured way. It helps me to save a lot of time and do other things I enjoy.
Students that study with Study Smart get better grades. The system applies all the learning methods in such a way that both well-performing students and students who struggle perform much better.
Hi Chris, I would like to thank you very much. Last year I scored C on a course, and this year I got an A+ thanks to your method! Thank you very much!
The largest effect is that my child is more enthusiastic about school! Every parent wants their children to be happy at school, Study Smart made it happen.
In high school, I failed several exams, and that has really changed now. I actually needed this tool very much back then. Since I started studying with StudySmart, I haven't had any D's. My average score is now an A and those are results I would have never had in the past
With my old method, I passed only 3 out of 8 courses. Since I started taking my notes digitally in Study Smart, I have passed all my courses on the first try. For me, StudySmart takes away the stress of wondering if I will pass or not.
Thanks to StudySmart, I passed all my exams, and with better grades than before! On top of that, I have mastered a very good study method now, which I am confident will help me earn my degree.
What are the 3 types of mens rea in the UK and the US?
2. Recklessness
3. Negligence
USA:
4. Knowledge
What is the difference between direct intent and oblique intent?
What are strict liability offences?
What are strict liability crimes?
What are the characteristics of a company as a defendant for crimes that need mens rea?
2. Doctrine of identification generally applies
3. Senior agent must have the required mens rea and have been acting for the company
4. Exceptions are for corporate manslaughter for example, than general management failure suffices
What is the doctrine of identification?
What are the 2 doctrines pertaining to companies as defendants for crimes that need mens rea in the federal law of the US?
2. Collective knowledge doctrine - The guilt of one individual is not necessary. Mens rea can be derived from adding together the failings of several employees
What is the Model Penal Code?
When is the employer liable for crimes requiring mens rea in the course of business?
When is the employee liable for crimes requiring mens rea in the course of business?
What are the 3 types of manslaughter?
2. Constructive manslaughter (criminal set out to conduct a lesser criminal offence, but killed someone in the process)
3. Gross negligence manslaughter (performance of a lawful act carried out with gross negligence)
What are the 3 necessary elements for gross negligence manslaugther?
2. A breach in that duty of care caused the death
3. The negligence was so gross, as to justify criminal liability
What are the 2 categories of property offence?
2. Those that do not require fraud
What are the 5 non-fraudulent property offences?
2. Burglary
3. Blackmail
4. Criminal damage
5. Handling stolen goods
What are the 3 fraudulent property offences in the UK?
2. Failing to disclose information
3. Abuse of position
When can a company be held liable for bribery?
What are the 3 types of voluntary manslaughter?
2. Suicide pact
3. Murder reduced to manslaughter on grounds of diminished responsibility
What is the difference between assault and battery?
What are the mens rea and actus reus of theft?
1. Dishonesty
2. Intention to permanently deprive the other of the property
Actus reus:
1. Appropriation of property
2. Circumstance that property belonged to another
What are the mens rea and actus rea of handling stolen goods?
knowing/believing the goods are stolen and behaving dishonestly
Actus reus:
Receiving stolen goods or arranging to do so
What are the mens rea and actus reus of burglary?
1. Intention/recklessness with respect to entry of premises
2. Intention to commit the ulterior offence
Actus reus:
1. Trespass
2. Entry into building or part of a building
What are the mens rea and actus reus of blackmail?
Intent to make the demand with menaces with a view to a financial gain or causing a financial loss
Actus reus:
A demand supported by menaces
What are the mens rea and actus reus of criminal damage?
Intention or recklessness
Actus reus:
Destroying/damaging property belonging to another
What are the requirements of fraud by false representation?
1. Made a false representation
2. Dishonestly
3. Knowing that the presentation was/might be untrue/misleading
4. With intent to make a gain for himself or cause a loss to another
What are the requirements for fraud by failing to disclose information?
1. Failed to disclose info to another person
2. When he was under legal duty to disclose said information
3. Dishonestly intending by that failure to gain or cause a loss
What are the requirements for fraud by abuse of position?
1. Occupies a position in which he is expected to safeguard/not act against the financial interests of another person
2. Dishonestly abuses that position
3. By means of the abuse of that position to make a gain for himself/another or cause a loss for the other
Why are punitive civil sanctions better than criminal punishment in punishing companies?
2. Corporate claimants are relatively abundant, while criminal investigations cost a lot of time and resources
3. There are many specialised agencies for public enforcement, with a speciality in a certain area
When is corporate criminal prosecution necessary?
Try our study magic for free
a PDF, study it super fast
- No sign up, email or credit card needed!
- AI makes unlimited flashcards
- Get unlimited quizzes and tests
- Ask AI anything
- No sign up, email or credit card needed!
- Have and keep perfect overview
- Make flashcards, notes and mind maps
- Review, test and score!
The question on the page originate from the summary of the following study material:
- A unique study and practice tool
- Never study anything twice again
- Get the grades you hope for
- 100% sure, 100% understanding
