CRM/LAW C144 Lecture Notes - Lecture 14: Actus Reus, Vicarious Liability, Mens Rea
6 Jun 2017
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In the gordon case (sewing machine), the law the court sides with applies to the corporations, it"s not correct for partners. Acme foods was shipping out adulterated foods: rodent parts hair and fecal matter. Acme foods pleads guilty, but park, as the ceo, did not: he maintains he didn"t have direct responsibility. Trial court convicted, court of appeals reverses and remands, and it goes up to the. Supreme court, which found him guilty: vicarious liability. Not just direct responsibility from the warehouse, but go up the corporate ladder as ceo. He was on notice that the company was in violation of the regulations. Actus reus in conspiracy is the agreement. Mens rea is the intent to commit the unlawful act. Think back to the toilet paper (tp) attempt scenario in a previous lecture. As soon as we have an agreement, we have the crime of conspiracy under common law: this is why conspiracy is often called a prosecutor"s darling.
