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Business Law 1 > Chapter 10 > Flashcards

Chapter 10 Flashcards

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1
Q

Mens Rea

A

Wrongful mental state

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2
Q

Actus Reus

A

Guilty act or prohibited act

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3
Q

Commission (Criminal act)

A

A person must do something in order to be accused of a crime

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4
Q

Criminal liability

A
  1. Prohibited act ( Actus Reus)
  2. Intent (Mens Rea)
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5
Q

Petty offenses

A

Minor violations

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6
Q

Petty offense punishment

A

Jail for a few days or fined or both

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7
Q

Example of a petty offense

A

Jay- walking

Violation of building code

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8
Q

Misdemeanor

A

Less serious crime

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9
Q

Misdemeanor punishment

A

By a fine

or

by confinement for up to a year

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10
Q

Felonies

A

Serious crimes

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11
Q

Felonies punishment

A

By death or imprisonment for more than one year

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12
Q

Beyond a reasonable doubt

(Criminal Law)

A

That the defendant has committed every essential element of the offense

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13
Q

Crime

A

A wrong against society set forth in a statue and punishable by a fine and or imprisonment.

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14
Q

Money laundering (Organized crime)

A

Illegal activities amount to billions of dollars a year

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15
Q

Racketeering (Organized crime)

A

Conducting a criminal enterprise

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16
Q

Organized crime

A

Operates illegitimately by, among other things, providing illegal goods and services.

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17
Q

Insider trading (White-collar crime)

A

Violation of securities law

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18
Q

Bribery (White-collar crime)

A

Give something of value to a person in an attempt to influence that person.

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19
Q

What are three common briberys?

A

Public officials Commercial Foreign officials

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20
Q

Mail and wire fraud (White-collar crime)

A

Devise any scheme that uses u.s mail, commercial carriers or wire. With the intent to defraud the public

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21
Q

Embezzlement (White-collar crime)

A

Employee who steals funds

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22
Q

White-collar crime (Public order crime)

A

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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23
Q

Criminally reckless

A

He or she consciously disregards a substantial and unjustifiable risk

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24
Q

Victimless crimes (Public order crime)

A

They normally harm only the offender

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25
Q

Public order crime

A

Activities that are considered contrary to public values and morals.

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26
Q

Example of public order crime

A

Public drunkenness Prostitution Gambling Illegal drug use

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27
Q

Forgery (Property crime)

A

Fraudulent making or altering of any writing, in a way that changes the legal rights and liabilities of another

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28
Q

Arson (Property crime)

A

Willful and malicious burning of a building

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29
Q

Receiving stolen gods (Property crime)

A

Receiving goods that a person knows or should have known were stolen or illegally obtained.

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30
Q

Obtaining goods by false pretenses (Property crime)

A

Theft that involves trickery or fraud

31
Q

Larceny (Property crime)

A

Stealing or theft

32
Q

Burglary (Property crime)

A

Breaking and entering the dwelling of another at night with the intent to commit a felony

33
Q

Property crime

A

Is some form of economic gain or the damaging of property

34
Q

Robbery

A

Taking of money, personal property from a person by means of force or fear

35
Q

Violent crime

A

Crimes against persons, cause others to suffer harm or death.

36
Q

Example of violent crimes

A

Murder Sexual assault Rape Robbery Assault Battery

37
Q

Types of crimes

A

Violent crime Property crime Public order crime White-collar crime Organized crime

38
Q

Corporate criminal liability

A

An be fined or denied certain legal privileges (licenses)

39
Q

Overcriminalization

A

Criminalized conduct without any required intent

40
Q

Federal crimes

A

Criminal offenses -doesn’t require a specific mental state Criminal sanctions -doesn’t require intent

41
Q

State crime

A

Punish behavior as criminal without the need to show criminal intent.

42
Q

Involuntary manslaughter

A

Homicide An act of criminal negligence and there is NO intent to kill

43
Q

Criminal negligence

A

Mental state in which the ^ unjustified substantial and foreseeable risk that results in harm

44
Q

Entrapment (Defenses to criminal liability)

A

Both the suggestion and the inducement must take place. -prevents law enforcement agents from setting a trap for an unwary criminal

45
Q

Duress (De fended to criminal liability)

A

Negate the mental state necessary to commit a crime because the ^ was forced or compelled to commit the act

46
Q

Mistake

(Denfenses to Criminal Liability)

A

Can excuse criminal responsibility if it negates the mental state necessary to commit a crime.

47
Q

M’Naghten Test

A

A person is not responsible if at the time of the offense he or she did not know the nature and quality of the act or did not know that the act was wrong.

48
Q

Model Penal Code

A

Substantial capacity test set forth.

A person is not responible for criminal conduct if at the time of such conduct as a result of mental disease or defect he or she lacks.

49
Q

Insanity

(Defenses to Criminal Liability)

A

A person who suffers from a mental illness may be incapable of the state of mind required to commit a crime.

50
Q

Necessity

(Defenses to Criminal Liability)

A

That a criminal act was necessary to prevent and even greater harm.

51
Q

Self-Defense

(Defenses of Criminal Liability)

A

The defense of other property and the prevention of a crime

52
Q

Name the Defenses to Criminal Liability

A
  1. Justifiable use of force
  2. Necessary
  3. Insanity
  4. Mistake
  5. Duress
  6. Entrapment
  7. Statute of Limitations
  8. Immunity
53
Q

Cyber Theft

(Cyber Crime)

A

Stealing data stored in a networked computer

54
Q

Name the type of Cyber Theft

A
  1. Identy theft
  2. Phishing
  3. Employment Fraud
  4. Credit card numbers
55
Q

Online Auction/ Retail Fraud

(Cyber Crime)

A

Refuses/fails to send the product after receiving payment

55
Q

Federal Sentencing Guidelines

A

Standardizing sentences for federal crimes, with in a set range.

56
Q

Cyber Fraud

(cyber crime)

A

Fraud committed over the internet

57
Q

Cyber Crime

A

any criminal activity occuring via a computer in the virtual community of the internet

58
Q

Computer Crime

(cyber crime)

A

violation of criminal law that involves knowledge of computer technology for its perpetration, investigatioin, or prosecution.

59
Q

Name the types of cyber crimes

A
  1. Cyber fraud
  2. Cyber theft
  3. Hacking
60
Q

Trial

(Criminal Process)

A

Prosecution must show that based on all the evidence, the defendants guilt is established beyond a reasonable doubt,

61
Q

Arraignment

(Criminal Process)

A
  • Defendant brought before a court
  • Informed of charges
  • Asked to enter a plea.
62
Q

Grand Jury

(Criminal Process)

A

determines if there is probale cause to believe that the defendant commited the crime.

63
Q

Inital Appearance

(Criminal Process)

A
  1. Defendant appears before the judge
  2. Informaed of the charges and rights
  3. Laywer may be appointed
  4. judge sets bail.
64
Q

Information

(Criminal Process)

A

A formal criminal charge made by the prosecutor.

65
Q

Preliminary Hearing

(Criminal Process)

A
  1. a prosecutor presents evidence
  2. judge determines if there is probable cause.
66
Q

Indictment

(Criminal Process)

A

a written document issued by a grand jury to formally charge the defendant with a crime.

67
Q

Arrest

(criminal process)

A

must be probale cause to believe that the individual in question has committed a crime.

68
Q

Criminal Process

A
  1. arrest
  2. booking
  3. intial apperance
  4. grand jury or preliminary hearing
  5. indictment or information
  6. arraignment
  7. Trail
69
Q

Miranda Rule

A

suspect must be read his or her constitutional rights

70
Q

Exclusioinary Rule

A

Any evidence obtained in violation of the constitutional rights, 4th and 6th amendments

71
Q

What are the Miranda Rules

A
  1. the rights to remain silent
  2. anything you say can be used against you
  3. right to a lawyer
  4. if you cant afford one, you will be appointed to you.
  5. the right to exercise these rights at any time.
72
Q

Scope of Warrant

(Criminal Procedures)

A

Requires a particular description of what is to be searched or seized.

Business Law 1 (5 decks)

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