business/personal law test 2 Flashcards

1
Q

Crime

A

A punishable offense against society.

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2
Q

The punishment for an offense against society attempts to …

A

identify, arrest, prosecute, and punish

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3
Q

The main objective is designed ot protect

A

society

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4
Q

Before convicted of a crime, prosecutors must prove these three elements

A

Duty
Violate the duty
Criminal intent

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5
Q

What is the duty of an individual when it relates to a crime

A

To know the law

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6
Q

Criminal intent menas the defendant

A

Intended to commit the crime

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7
Q

Embezzlement

A

Taking another’s property or money by a person to whom has been entrusted

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8
Q

Vicarious criminal liability

A

The higher ups have to take resposibility for for their workers actions

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9
Q

To have criminal intent an individual must have

A

Mental capacity

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10
Q

Felony

A

A crime punishable by confinement for more than a year in a state prison or by a fine of more than $1,000 or both, even death

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11
Q

Misdemeanor

A

A less serious crime, punishable by confinement in a county or city jail for less than one year, by fine, or both

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12
Q

Infraction

A

A crime such as parking violations or littering

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13
Q

White collar crimes

A

Crimes committed in the business world

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14
Q

Name three types of crimes committed in the business world (define them)

A

Embezzlement
Extortion
Bribery

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15
Q

Purgery

A

Lying under oath

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16
Q

Larceny

A

The wrongful taking of money or property

17
Q

Robbery vs. Burglary

A

R = by force
B = trespassing

18
Q

Another name for larceny is

19
Q

False pretenses

A

Obtaining money or other property by lying about a past or existing fact.

20
Q

Forgery

A

Falsely making or materially altering writing to defraud another, such as, signing or altering a check without permission

21
Q

Bribery

A

THe unlawfully offering or giving anything of value to influence performance of an official

22
Q

What act specifically targets computer related crimes

A

Computer fraud and abuse act

23
Q

Extortion

A

Obtaining money or other property from a person by wrongful use of force, fear, or the power of office.

24
Q

Conspiracy

A

An agreement between two or more persons to commit a crime, seperate from the crime the parties planned to commit

25
Arson
The willful or illegal burning of a building
26
5 rights of the accused
1. Due process 2. Not compelled to testify against themselves 3. Not unreasonable searches or seizures 4. Prove guilty beyond a reasonable doubt 5. Trial by jury
27
Probable cause
A reasonable ground for belief that the individual commited the crime
28
A procedural defense is based on problems with the way 1. is obtained or the way an accused person was 2. , queastioned, 3. , or punished
1. evidence 2. arrested 3. tried
29
Name three substantive defenses
1. self-defense 2. Alibi 3. Eye witness
30
Substantive defense
Used to disprove, justify, or excuse the alleged crime
31
Immunity
Freedom from prosecution
32
Contempt of court
An action that hinders the administration of justice
33
Punishment
A penalty provided by law imposed by a court
34
Why do we punish
Discipline the wrong doers and deter others from similar behavior
35
Pleas bargain
To plead guilty to a less serious crime in exchange for having a more serious charge dropped
36
The individual gives up the right to a 1. to avoid the risk of greater penalty if convicted
1. public trial