Chapter 4 Business Law Test – Flashcards
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Duty
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Personal responsibility to know the law
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Violation of the Duty
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To do wrong by the laws and admit guilt
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Criminal Intent
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Meaning to do the crime or not
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Felony
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Crime punishable by confinement for more than a year in a state prison or by a fine of more than $1000, or both-or death
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Misdemeanor
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Crime punishable by up to one year in jail, a fine of less than $1,000, or both
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Larceny
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Wrongful taking of another's property with the intent to deny them possession
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Receiving Stolen Property
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Receiving or buying property known to be stolen from another so as to deny the rightful owner of possession
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False Pretenses
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Obtaining property by lying about a past or existing fact
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Forgery
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Falsely making or materially altering a writing to defraud another
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Vicarious Criminal Liability
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substituted criminal liability
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Bribery
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Offering or giving something of value to improperly affect performance of another party
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Computer Crime
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Taking information
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Extortion
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Blackmail, obtaining money or other property from a person by wrongful use of force, fear or power of office
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Conspiracy
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Agreement between two or more people who agree to commit a crime
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Arson
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willful and illegal burning of a building
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White Collar Crimes
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Crime typically committed
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Two types of defenses
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procedural- build defense
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Contempt of Court
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is action that hinders the administration of justice. If you don't listen to the judge and speak out of turn, you could be held in contempt of court.
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Crime
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punishable offense against society.
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Defense
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is a legal position taken by an accused to defeat the charges against him or her.
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Immunity
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Is freedom from prosecution even when one has committed the crime charged.
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Plea Bargaining
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When an accused person may agree to plead guilty to a less serious crime exchange for having a more serious charge dropped.
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Probable cause
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a reasonable ground for belief
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Procedural defense
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Are based on problems with the way evidence is obtained or the way an accused person is arrested, questioned, tried, or punished. -ex. signing a confession because you feel that you were threatened by the police.
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Punishment
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any penalty provided by law and imposed by a court
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Self-defense
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is the use of force that appears to be reasonably necessary to the victim to prevent harm.
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Substantive defense
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disprove, justify, or excuse the alleged crime. Try to discredit the very substance of the prosecution's case against the defendant.
