Law Flashcards

Under the Federal Sentencing Guidelines, organizational defendants may reduce their culpability score by demonstrating:

Answer: The existence of an effective compliance and ethics program

Organizations can reduce their culpability multiplier under the Federal Sentencing Guidelines by showing they had an effective compliance and ethics program in place at the time of the offense.

The legal doctrine of 'respondeat superior' holds that:

Answer: An employer is vicariously liable for torts committed by employees within the scope of employment

Respondeat superior is a doctrine of vicarious liability under which employers are held responsible for the wrongful acts of their employees committed during the course and scope of employment.

Which standard governs whether a search conducted by a private party (non-government actor) is subject to Fourth Amendment restrictions?

Answer: The Fourth Amendment does not apply to purely private searches

The Fourth Amendment protects against unreasonable government searches; it does not apply to searches conducted by private parties acting independently and not at the direction of law enforcement.

A deferred prosecution agreement (DPA) between a corporation and the DOJ typically requires the corporation to:

Answer: Admit to factual allegations, pay penalties, and implement compliance reforms while prosecution is suspended

Under a DPA, prosecution is deferred while the company agrees to cooperate, pay financial penalties, accept compliance monitors if required, and remediate the conduct—with charges dismissed upon successful completion.

Under the Uniform Commercial Code (UCC), which of the following constitutes 'fraud in the factum' that renders a negotiable instrument void (not merely voidable)?

Answer: A signer who was deceived about the very nature of the instrument being signed

Fraud in the factum occurs when a party is deceived about the nature of the instrument itself (e.g., told they are signing a receipt when signing a promissory note), making the instrument void and unenforceable even against a holder in due course.

Which element distinguishes larceny by trick from obtaining property by false pretenses?

Answer: Whether possession alone or both title and possession were obtained through deception

In larceny by trick, only possession is transferred through deception; in false pretenses, both title and possession are transferred, making the distinction legally significant for charging purposes.

Under the Electronic Communications Privacy Act (ECPA), a 'pen register' captures:

Answer: The dialing, routing, addressing, and signaling information of communications but not content

A pen register records outgoing dialing, routing, addressing, and signaling information but is legally prohibited from capturing the content of any communication.