Flag REFLECTION QUESTIONS FOR CHAPTER # 7 -- DEFENSES TO CONTRACT ENFORCEABILITY Read chapter 7 in the textbook and answer the following reflection questions. The answers are to be submitted for grading. B. At the end of the chapter in Business Scenarios and Case Problems, read, reflect on, answer, and submit a response to Question 7-2 (Cyber Fraud) on page 144.

144 UNIT TWO Torts and Crime For Review 1. What two elements normally must exist before a person 4. What constitutional safeguards exist to protect persons can be held liable for a crime? accused of crimes? 2. What are five broad categories of crimes? What is white 5. How has the Internet expanded opportunities for identity collar crime? theft? 3. What defenses can be raised to avoid liability for criminal acts? - Answers to the even-numbered questions in this for Review section can be found in Appendix F at the end of this text. Business Scenarios and Case Problems 7-1 Double Jeopardy. Armington, while robbing a drugstore, 7-4 Cyber Crime. Jiri Klimecek was a member of a group that shot and seriously injured Jennings, a drugstore clerk, overrode copyright protection in movies and music to make Armington was subsequently convicted of armed rubbery them available for download online. Klineck bought and and assault and battery in a criminal trial. Jennings later installed a server and paid to connect it to the intemer. He brought a civil tort suit against Armilelor lor damages. knew that users could access the server to upload and down Armington contended that he could not be tried again load copyrighted works. He obtained access to movies and for the site crime, as that would constitute double jeop music to make them available. When charged with copyright ardy, which is prohibited by the lifth Amendment to the infringement, he claimed that he had not understood the US Constitution. Is Armington correct? Explain. (See full scope of the operation. Did Klimecek commit & crime? Constitutional Safeguards and Criminal Procedures.) Explain. United States v. Klimecek. --F3d_7th Cir. 2009) 7-2 Cyber Fraud. Kayla, a student at Learnwell University, owes (See Cyber Crime.) $20,000 in unpaid Luition. If Kayla does not pay the tuition, 7-5 Case Problem with Sample Answer-Search Learnwell will not allow her to graduate. To obtain the lurus and Seizure. Three police officers, including to pay the debt, she sends e-mails to people that she does not Maria Trevizo, pulled over a car with suspended registration. krlow asking them for financial help to send her child, who One of the occupants, Lemon Johnson, wore clothing consis- has a disability to a special school. In reality, Kayla has no tent with membership in the Crips gang, Trevizo searched children. Is this a critice? If so, which one? (See Cyber Crime.) him "for officer safety and found a gun. Johnson was charged 7-3 White-Collar Crime. Llen Instruction Co. hired Patrick with illegal possession of a weapon. What standard should Walsh to work as is comptroller. Walsh convinced Helm's apply to an officer's search of a passenger during a traite president, Richard Wilhelm, to hire Shari Price as Walsh's stop? Should a warrant be required? Could a search proceed assistant. Wilhelm was not aware that Walsh and Price were solely on the basis of probable cause? Would a reasonable creaged in all extramarital aftale. Over the next five years, suspicion short of probable cause be enough? Discuss, Walsh and Price spent more than $200,000 of Helms funcis Arizona x Johnson, 555 U.S. 323, 1295 0.781, 172 L.Ed.2d on themselves. Among other things, Walsh drew umautho 694 (2009) (See Constitutional Safeguards and Criminal rized checks on Helm's accounts to pay his personal credi Procedures.) card bills. Walsh also issued unauthorized salary increases, --For a sample answer to Problem 7-5, go to Appendix G overtime payments, and tuition reimbursement paytients at the end of text. to Price and himself, altering Helms records to hicie the payments. After an investigation, Helm officials confronted 7-6 Credit- and Debit-Card Theft. Jacqueline Barden was shop Walsh. He denied the allair with Price and argued that his ping for school clothes with her children when her purse and automobile were taken. In Barden's purse were her car unauthorized use of Helm's funds was an interest-free loan." Welsh claimed that it was less of a burden on the company to keys, credit and debit cards for herself and her children, as pay his credit card hills than to give him the salary increases well as the children's Social Security cards and birth certifi- cates needed for enrollment at school. Immediately alter the lo which he lelt he was entitled. Did Walsh commit a crime? If so, what crime did he comeni? Discuss. State Walsh, purse and car were stolen, Rebecca Mary Turner attempted to use Bartlen's credit cani at a local Exxon gas station, but 113 Ohio Su 1515, 866 N.E.2d 513 (6 Dist. 2007)(See the card was declined. The gas station atter-dant recognized Types of Crime.) Turner because she had previously written bad checks and