Please use legal reasoning to respond to this question.
There are 2 issues please write 2 FIRACs:
Buckley is the president of ChemCorp Industries, Inc., a chemical manufacturing company. An inspection by Dorrit, a government agent, uncovers leaking hazardous waste storage and disposal containers in the company’s warehouse caused by Ervin, a ChemCorp employee. Fitzroy, a ChemCorp vice president, assures Dorrit that the situation will be corrected, but a later inspection finds that the containers are still leaking and no clean up has been done. Buckley knows nothing about any of this.
Question #1: Can ChemCorp be convicted of a crime in these circumstances?
Question #2: Can Buckley be held personally liable?
Issue #1 FIRAC
2.not corrected by Vice President
Whether corporation is criminally liable for actions of its employees
when the employee perpetrated a crime by failing to correct environmental law violations?
Rule: Corporate Criminal Liability
1.Crime committed by employee within the course and scope of employment, or
2.Crime ordered by corporation
1.course and scope
the VP had the responsibility to correct violations t the corporationâ€™s facility
The VP failed to make the corrections
Yes. The corporation is criminally liable for actions of its employees when the employee perpetrated a crime by failing to correct environmental law violations
Issue #2 FIRAC
1.VP perpetrated a crime when he failed to correct environmental law violations
2.CEO knew nothing about the violations nor the crime
Whether the CEO is criminally lable for the crimes committed by the VP
when she knew nothing about the violations nor the crime
Rule: Responsible Corporate Officer Doctrine
1.A Corporate Officer is criminally liable for crimes
2.committed by corporations employees
1.A Corporate Officer
The CEO is a corporate officer responsible for the corporations activities
2.CEO knew nothing
It is irrelevant whether the CEO knew of the criminal activities of the corporations employees
Yes. The CEO is criminally liable for the crimes committed by the VP even when she knew nothing about the violations nor the crime
Guide to Applying Legal Reasoning to Any Situation
When asked to apply legal reasoning to a fact pattern, please follow this outline.
Identify and list the key facts, selected from the information presented to you. (Short bulleted list)
Write the question of law raised by the facts; include one or more facts to put the question into the context of the current situation. (One sentence)
RULE OF LAW:
Identify and describe the rule of law or common law principle applicable to the issue, from the material covered in the relevant chapter. (One sentence, NOT a statute or constitutional provision!)
Using the key elements of the rule of law you just wrote to structure your analysis, apply the facts to each element and determine whether each element has been met by a fact. (One sentence for each element)
Using the language of the issue, write an affirmative statement answering the question raised by the issue. (One sentence, just like the issue sentence)