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Study Guide

LAW 602- Final Exam Guide - Comprehensive Notes for the exam ( 35 pages long!)

35 Pages
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Department
Law and Business
Course Code
LAW 602
Professor
Eric Libman

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Description
[LAW 602] Comprehensive winter guide including any lecture notes, textbook notes and exam guides.find more resources at oneclass.com LAW 602: Week 1 Introduction White Collar Crime Glossary • White Collar Crime: financially motivated crime committed for illegal monetary gain; crime committed by person of responsibility, high social status; from “pin stripes” to “jail stripes” – criminal offence such as fraud • Green Collar Crime: crimes committed against environment for profit, often by corporations or business ventures; polluter pays principle “you spill you pay” – regulatory offence such as pollution • Cyber Crime: crime that involves computer and network; computer may be used in commission of crime or be target of crime, fast growing area of crime due to technological advances – newer criminal offences involving fraud include identity theft and identity fraud White Collar Crime • Criminal Code – offences created by Parliament of Canada, exclusive jurisdiction to enact laws against criminal offence; Code enacted in 1892,amended each year, new crimes created, revised, repealed • Some crimes in other federal statutes, eg., drugs (Controlled Drugs and Substances Act), crimes committed by young persons (Youth Criminal Justice Act) • Criminal offences – punish morally blameworthy conduct, eg., robbing a person (robbery) but not watching person undress through open window, or failing to come to person’s assistance, unless legal duty to do so • Crimes must be codified or set out in statute, eg., no offences at common law, but common law defences exist, eg., necessity, duress • All crimes consist of 2 elements: (1) physical element or prohibited act “actus reus” and (2) mental element or fault requirement “mens rea” o Arguments of whether the mens rea is present ▪ General intent offences (things you intended to do voluntarily) o Both elements have to be proven by the crown beyond a reasonable doubt • Criminal Code contains Part dealing with fraudulent transactions: Part X – Fraudulent Transactions Relating to Contracts and Trade o Section 380 – Fraud o Section381 Using Mails to Defraud o Section 382 Fraudulent Manipulation of Stock Exchange Transactions o Section 382.1 Prohibited Insider Trading o Section 386 Fraudulent Registration of Title o Section 387 Fraudulent Sale of Real Property o Section 392 Disposal of Property to Defraud Creditors o Section 393 Fraud in Relation to Fares • Other types of fraud offences: o Section 402.2 - Identity Theft o Section 403 - Identity Fraud o Section 404 – Personation at Examination o Section 405 – Acknowledging Instrument in False Name o Section 406 – Forging Trade-mark o Section 408 – Passing Off o Section 411 – Used Goods without Disclosure • Key Principles of Criminal Law: o Presumption of Innocence: accused presumed innocent (not guilty) until proven otherwise by Crown (section 11(d) of the Charter) o Burden of Proof: Crown bears burden of proof beyond reasonable doubt of guilt of accused; accused can raise reasonable doubt so as to be found not guilty of criminal charge o Elements of Criminal Offence: all criminal elements consist of two elements which must be proven beyond reasonable doubt by Crown: physical element or prohibited act or actus reus, and mental element or fault requirement or mens rea • Fraud, s.380 (1): find more resources at oneclass.com
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