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Business law: Criminal vs civil tort, white collar crime

1 Why do we have both a criminal justice system and a civil tort law system? Are both still as necessary and important?

2 As an employer, why should you be concerned about your employees' previous criminal records? Is this fair?

3 Are 'white collar' crimes generally victimless if they are committed against a medium or large corporation?

4 Do you think that the insanity defense to criminal liability is important to protect? Or is it a law that is too subject to abuse?

5 Do you anticipate that the e-crimes statutes and laws will change much over the next twenty-five years? How can legislators and police work together to anticipate any future changes?

6 Why is the concept of reasonableness so central to a breach of duty within the concept of negligence? Don't cultural differences determine what each person considers 'reasonable' and therefore makes this concept quite vague?

7 Is it fair that each person is generally required to sign a contract waiving his or her rights to sue the vendor when engaging in somewhat dangerous activities like scuba diving and skydiving? Do you think courts should enforce these contracts even though one can't easily engage in these activities without signing such a contract?

8 Why is the concept of strict liability used in specific 'essential' activities? Isn't the determination of what is 'essential' subjective?

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1) We have both a criminal justice system and a civil tort law system because the former is to repay and protect society and the latter is to compensate the victim for the injury that he has received.

2) As an employer, you should be concerned about your employees' previous criminal records because it can create a problem for your business in the future if that employee chooses to act out against other employees or customers based on his past problems and issues. It may not be fair because people change but at the same time, it is also not fair to put customers who trust a business with their safety and other employees who trust an employer with their safety as well into a potentially unsafe situation.

3) White collar crimes are not victimless because even though the crimes are committed against medium or large corporations, these businesses have employees who work for them and customers they serve. When someone commits a white collar crime, the business may shut down or have to decrease their workforce or raise prices, which in effect would harm the employees as well as the customers and stockholders. Enron is a great example of this as many stockholders as well as employees were harmed in ...

Solution Summary

1 Why do we have both a criminal justice system and a civil tort law system? Are both still as necessary and important?

2 As an employer, why should you be concerned about your employees' previous criminal records? Is this fair?

3 Are 'white collar' crimes generally victimless if they are committed against a medium or large corporation?

4 Do you think that the insanity defense to criminal liability is important to protect? Or is it a law that is too subject to abuse?

5 Do you anticipate that the e-crimes statutes and laws will change much over the next twenty-five years? How can legislators and police work together to anticipate any future changes?

6 Why is the concept of reasonableness so central to a breach of duty within the concept of negligence? Don't cultural differences determine what each person considers 'reasonable' and therefore makes this concept quite vague?

7 Is it fair that each person is generally required to sign a contract waiving his or her rights to sue the vendor when engaging in somewhat dangerous activities like scuba diving and skydiving? Do you think courts should enforce these contracts even though one can't easily engage in these activities without signing such a contract?

8 Why is the concept of strict liability used in specific 'essential' activities? Isn't the determination of what is 'essential' subjective?

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