Business Law Text and Cases Chapter 10 – Flashcards
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Crime
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wrong against society set forth in a statue and punishable by a fine and/or imprisonment and/or death
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Beyond a Reasonable Doubt
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the government must prove beyond reasonable doubt that the defendant has committed every essential element of the offense with which she or he is charged
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Felonies
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are serious crimes punishable by death or by imprisonment for more than one year
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Misdemeanors
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less serious crimes, punishable by a fine or by confinement up to a year
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Petty Offenses
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minor violations, such a jaywalking or violations of building codes, considered to be a subset of misdemeanors
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Actus Reus or Guilty Act
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a person should be punished for harm done to society after committing a bad act
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Mens Rea or Wrongful Mental State
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required to establish criminal liability. The required mental state, or intent, is indicated in the applicable statue or law
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Corporate Criminal Liability
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a corporation is a legal entity created under the laws of a state
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Robbery
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defined as the taking of money, personal property, or any other article of value from a person by means of force or fear
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Burglary
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defined as breaking and entering the dwelling of another at night with the intent to commit a felony
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Larceny
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unlawful taking and carrying away of someone else's personal property with the intent to permanently deprive the owner of possession
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Arson
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willfull and malicious burning of a building, vehicles, and personal property
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Forgery
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fraudulent making or altering of any writing in a way that changes the legal rights and liabilities of another
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White Collar Crime
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involves an illegal act or series of acts committed by an individual or business entity using some nonviolent means to obtain a personal or business advantage
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Embezzlement
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when a person is entrusted with another person's property fraudulently appropriates it
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Money Laundering
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engaging in financial transactions to conceal the identity, source, or destination of illegally gained goods
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Self Defense
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justified circumstances to why someone charged with a crime might by alleviated
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Necessity
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a criminal act was necessary to prevent an even greater harm
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Duress
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exists when the wrongful threat of one person induces another person to perform an act that he or she would not otherwise have performed
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Entrapment
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defense designed to prevent police officers or other government agents from enticing person to commit crimes in order to later prosecute them for those crimes
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Self- Incrimination
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cannot be forced to incriminate ones self if they don't want to give information
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Plea Bargaining
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agreement between the defending and prosecuting attorneys for a grant of immunity for information or such
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Double Jeopardy
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trying someone twice for the same criminal offense
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Fourth Amendment
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protection from unreasonable search and seizures requirement that no warrant for a search or an arrest be issued without probable cause
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Fifth Amendment
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requirement that no one be deprived of " life, liberty, or property without due process of law prohibition against double jeopardy no person be required to be a witness against (incriminate) him or herself
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Sixth Amendment
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guarantees of a speedy trial, a trial by jury, a public trial, the right to confront witnesses, and the right to a lawyer at various stages in some proceedings
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Eighth Amendment
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prohibitions against excessive bail and fines and against cruel and unusual punishment
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Search Warrant
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an order from a judge or other public official authorizing the search or seizure
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Probable Cause
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reasonable cause officers believe will reveal a specific illegality
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Exclusionary Rule
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any evidence obtained in violation of the constitutional rights spelled out in the Fourth, Fifth, and Six Amendments generally is not admissible at trial
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Miranda Rule
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"Miranda vs. Arizona" Read legal rights during arrest
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Indictment
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charge issued by a jury
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Grand Jury
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its function is to hear the state's evidence and to determine whether a reasonable basis exists for believing that a crime has been committed and that a trial ought to be held
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Information
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-criminal complaint
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Computer Crime
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violation of criminal law that involves knowledge of computer technology for its perpetration, investigation, or prosecution
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Cyber Crime
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describes any criminal activity occurring via a computer in the virtual community of the Internet
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Cyber Fraud
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fraud committed over the internet
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Identity Fraud
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occurs when the wrongdoer steals a form of identification- such as name, date of birth, or SS number- and uses the information to access the victim's financial resources
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Phishing
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the perpetrator "fishes" for financial data and passwords from consumers by posing as a legitimate business, such as a bank or credit-card company
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Hacker
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someone who uses ones computer to break into another
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Botnets
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networks of computers that have been appropriated by hackers without the knowledge of their owners
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Malware
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refers to any program that is harmful to a computer or, by extension, a computer user
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Worm
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software program that is capable of reproducing itself as it spreads from one computer to the next
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Virus
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another form of malware, is also able to reproduce itself, but must be attached to an "infested" host files to travel from one computer network to another
