COB 218 Lecture Notes - Lecture 7: Cybercrime, Insider Trading, Online Auction
Document Summary
Civil law and criminal law: key differences between civil law and criminal law. Civil case: plaintiff must prove case by a preponderance of the evidence. Criminal case: prosecution must prove case beyond a reasonable doubt. Sanctions imposed in criminal cases are harsher than civil cases: civil liability for criminal acts. Criminal liability: for a person to be convicted of a criminal act, two elements must exist simultaneously: A specified state of mind or intent on the part of the actor: the criminal act. Most are acts of commission, but in some situations, failure to do something can be a criminal act, e. g. , not filing a tax return: state of mind. Strict liability and overcriminalization: corporate criminal liability. Corporations can be held criminally liable when they fail to fulfill certain statutory duties. Crimes against persons further classified by degree depending on the circumstances. Racketeer influenced and corrupt organizations act (rico)
