WDW101Y1 Chapter 2: WDW205 Textbook Summary - Chapter 2

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blueduck348

12 May 2011

School

UTSG

Department

Woodsworth College Courses

Course

WDW101Y1

Professor

William Watson

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Document Summary

Chapter 2 the criminal law and i ts process. Code of hammurabi- the first written criminal code developed in babylonia about 2000bc. Lex talionis- punishment based on physical retaliation ( an eye for an eye ) Mosaic code- by tradition, the covenant between god and the t ribes of israel in which they agreed to obey his law, as presented to them by moses, in return for god"s special care and protection. Wergild- under medieval law, the money paid for y the offender to compensate the victim and the state for a criminal offence. Oath helpers- during the middle ages, groups of 12 to 25 people who would support the accused"s innocence. Stare decisis- the principle that the courts are bound to follow the law established in previously decided cases (precedent) unless the law was overruled by a higher authority.

Related Questions

Question 32 of 40

5.0 Points

Under Federal Court Structure, District Courts are the Courts of original jurisdiction.

True/False

Question 33 of 40

5.0 Points

Felony and Misdemeanor charges pertain to unlawful activities in the area(s) of
(i) Contract Law
(ii) Tort Law
(iii) Criminal Law
(iv) Family Law

A. (i) only

B. (ii)and(iii) only

C. (iii) only

D. All of the above

Question 34 of 40

5.0 Points

A pilot retains a lawyer to represent him before an Administrative Law Judge. The lawyer duly represents the pilot. However no fees agreement/arrangement was discussed between the pilot and the lawyer. After the case was over, the lawyer sends a reasonable bill for the services rendered by him and the pilot refuses to pay any fees on the argument that no fees was ever discussed for the representation. Lawyer can bring an action against the pilot on the ground(s) of:
Student response:

A. Quantum Meruit

B. Quantum Valebant

C. Both of the above

D. None of the above

E. Lawyer can not bring action because fees was never discussed

Question 35 of 40

5.0 Points

Common Law is at the heart of U.S law, and it was from England, Ireland and Scotland that the U.S inherited it.

True/False

Question 36 of 40

5.0 Points

The most important part history leading to the development of modern law occurred over the past 400 years during the period referred to as "Second Wave" (i.e., the invention of agriculture).

True/False

Question 37 of 40

5.0 Points

Natural Law Theories:

A. hold that moral principles or laws reflects nature or rational order of things, that is to say, they exist in physical irrespective of human intervention.

B. hold that moral principles or laws reflects nature or rational order of things, that is to say, they exist in political irrespective of human intervention.

C. hold that moral principles or laws reflects nature or rational order of things, that is to say, they exist in common irrespective of human intervention.

D. hold that moral principles or laws reflects nature or rational order of things, that is to say, they exist in nature irrespective of human intervention.

apricotdonkey807

Fill in the blank with the answer. Each answer in thelist may be used more than once or not at all.

a.Separate and proportionate

b.Racketeer Influenced and Corrupt Organization Act (RICO)

c.Foreign Corrupt Practices Act

d.Fraud

e.Negligence

f.Reasonable professional care

g.Gross negligence

h.Securities Act of 1933

i.Compensatory damages

j.Damages

k.Criminal victim compensation

l.Punitive damages

m.Hochfelder

n.Ultramares

o.Privity

p.Near privity

q.Standing

r.Deposition

s.Constructive fraud

t.Breach of contract

u.Joint and severally

v.Securities Exchange Act of 1934

_____1.A federal statute used for legal action related to theinitial offering of securities to the public by a company.

_____2.Absence of the level of care that an auditor owes toanother party that has privity with the auditor.

_____3.Prior to SOX, the first federal statute requiringcompanies to have a functioning internal control system.

_____4.The federal statute that does not require the plaintiffto prove that he or she relied on the financial statements to beable to obtain a judgment against the auditor.

_____5.A case that established that fraud on the part of theauditor is required for an injured party to collect damages under10b-5 of the 1934 Act.

_____6.Cause of action which plaintiffs without privity have notbeen successful at using to obtain the remedy of specificperformance.

_____7.A judgment for the return of the loss the plaintiffexperienced.

_____8.Liability theory that is now used for federal civil casesagainst accountants and auditors based on the Private SecuritiesLitigation Reform Act of 1995.

_____9.When a state law does not specify the concept of grossnegligence, this is the legal concept that is likely used.

_____10.The motivation for a plaintiff to allege grossnegligence.

_____11.Can result in treble damages.

_____12.Typically requires the auditor to commit fraud beforethere will be a finding and judgment against the auditor.

_____13.Often a part of the process of discovery.

_____14.Requires that the offending partyâs behavior must havebeen intentional (scienter).

Dennis Kozlowski: Living Large

Dennis Kozlowski came from modest circumstances. He began his career at Tyco International in 1975 as an auditor, and worked his way up the corporate ladder to become CEO in 1992. Kozlowski gained notoriety as CEO for the rapid growth and success of the company, as well as his extravagant lifestyle. He left the company in 2002 amid controversy surrounding his compensation and personal spending. In 2005, Kozlowski was convicted of crimes in relation to alleged unauthorized bonuses of $81 million, in addition to other large purchases and investments.

As CEO, Kozlowski was lauded for his risk-taking and the immense growth of the company. He launched a series of strategic mergers and acquisitions, rapidly building up the size of Tyco. During his first six years as CEO, he secured 88 deals worth over $15 billion. Strong growth was bolstered by a booming economy, and Tycoâs stock price soared as the company consistently beat Wall Streetâs expectations. However, when the economy slowed, the company began to struggle.

Allegedly, Tyco paid for Kozlowskiâs $30 million New York apartment, as well as personal gifts and parties, including $1 million of a $2 million birthday party for his wife. After Kozlowski paid a $20 million finding fee to a board member without proper approval, and paintings invoiced for Tyco offices ended up in Kozlowskiâs apartment (among other irregularities), Kozlowski was criminally charged with looting more than $600 million of assets from Tyco and its shareholders.

While many questioned his lifestyle, others questioned the trial and conviction. Commenting on the case, civil rights lawyer Dan Ackman wrote, âItâs fair to say that Kozlowskiâ¦abused many corporate prerogativesâ¦ Still, the larceny charges at the heart of the case did not depend on whether the defendants took the moneyâthey didâbut whether they were authorized to take it.â Kozlowski asserted his innocence of the charges, stating, âThere was no criminal intent here. Nothing was hidden. There were no shredded documents. All the information the prosecutors got was directly off the books and records of the company.â

Please read the article and provide the answers for following questions.

1. Do you think Dennis Kozlowski was an effective leader for Tyco International? Were his actions ethically permissible? Why or why not?

2. As CEO of a major company, how might entitlement bias have affected Kozlowskiâs behavior?

3. What rationalizations do you think Kozlowski might have used to justify his behavior in his own mind?

4. If you were in Kozlowskiâs position, how do you think your actions would affect the behavior of your employees? Why?

5. Can you think of any other examples of leaders who have abused the power of their position? What similarities and differences do you see between them and Kozlowski?

WDW101Y1 Chapter 2: WDW205 Textbook Summary - Chapter 2

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