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Finance 240 > Chapter 10 > Flashcards

Chapter 10 Flashcards

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1
Q

Crime

A

A wrong against society proclaimed in a statute and punishable by society through fines or imprisonment or death

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2
Q

Who brings this suit

A

Civil: person who suffered harm
Criminal: the state

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3
Q

wrongful act

A

Civil: causing harm to a person or to a persons property
Criminal: violating a statute that prohibits some type of activity

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4
Q

Burden of proof

A

Civil: preponderance of the evidence
Criminal: beyond a reasonable doubt

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5
Q

Verdict

A

Civil: three-fourths majority
Criminal: unanimous

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6
Q

Remedy:

A

Civil: damages to compensate for the harm
Criminal: punishment

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7
Q

Beyond a reasonable doubt

A

The standard used to determine the guilt or innocence of a person
- must be proved guilty beyond a reasonable doubt

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8
Q

Felonies

A

A crime such as arson, murder, rape, or robbery– that carries the most severe sanctions usually ranging from one year in a state or federal prison to the forfeiture of ones life

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9
Q

Misdemeanors

A

A lesser crime than a felony, punishable by a fine or imprisonment for up to one year in other than a state or federal prison

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10
Q

Petty offenses

A

The least serious kind of crime such as traffic or building code violations

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11
Q

What must exist for a person to be convicted of a crime

A
  1. The performance of a prohibited act (actus reus)

2. A specified state of mind, or intent on th to part of the actor (mens rea)

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12
Q

actus reus

A

A guilty (prohibited) act.

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13
Q

Mens rea

A

A wrongful mental state

  • criminal intent
  • recklessness
  • criminal negligence
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14
Q

strict liability crimes

A

Offenses that do not require a wrongful mental state

- environmental laws, illegal drugs, etc

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15
Q

Types of crimes

A

Violent crimes, property crimes, public order crimes, white collar crime, organized crime

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16
Q

Robbery

A

The act of forcefully and unlawfully taking personal property of any value from another; force or intimidation is usually necessary

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17
Q

aggravated robbery

A

With the use of a deadly weapon

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18
Q

Violent crimes

A

Murder
Robbery
Etc

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19
Q

Property crimes

A 
Burglary
Larceny 
Obtaining goods with false pretenses
Receiving stolen goods
Arson
Forgery
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20
Q

Burglary

A

The unlawful entry into a building with the intent to commit a felony

21
Q

Larceny

A

The wrongful taking and carrying away of another persons personal property with the intent to permanently deprive the owner of the property
- stealing or theft without force or fear

22
Q

Arson

A

The willful and malicious burning of property

23
Q

Forgery

A

The fraudulent making or altering of any writing in a way that changes the legal rights and liabilities of another
- changing trademarks, falsifying public records, counterfeiting, altering a legal document

24
Q

Public order crime

A

“Victimless crimes”

- public drunkenness, prostitution, gambling, illegal drug use

25
Q

White collar crime

A

No violent crime committed by individuals or corporations to obtain a personal or business advantage

26
Q

Embezzlement

A

The fraudulent appropriation of money or other property by a person to whom the money or property has been entrusted

27
Q

Money laundering

A

Falsely reporting income that has been obtained through criminal activity as income obtained through a legitimate business enterprise

28
Q

Self defense

A

The legally recognized privilege to protect ones self or property against injury by another

29
Q

Necessity

A

A defense against liability , this defense is justifiable if the harm or evil sought to be avoided by a given action is greater than that sought to be or prevented by the law defining the offense charged

30
Q

Duress

A

Unlawful pressure brought to bear on a person, causing the person to perform an act that he or she would not otherwise perform
- not a defense to murder

31
Q

Entrapment

A

A defense in which the defendant claims that he or she was induced by a public official - usually an undercover agent or police officer - to commit a crime that he or she would otherwise not have committed

32
Q

Defenses to crimes

A 
Justifiable use of force
Necessity
Insanity 
Mistake
Duress
Entrapment
33
Q

Plea bargaining

A

The process by which a criminal defendant and the prosecutor in a criminal case work out a mutually satisfactory disposition of the case, subject to court approval; usually involves the defendants pleading guilty to a lesser offense in return for a lighter sentence

34
Q

Double jeopardy

A

A situation occurring when a person is tried twice for the same criminal offense; prohibited by the 5th amendment

35
Q

Exclusionary rule

A

A rule under which any evidence that is obtained in violation of the accused’ constitutional rights guaranteed by the 4-6 amendments as well as any evidence derived from illegally obtained evidence will not be admissible in court

36
Q

Exceptions to the Miranda rule

A
  • a defendants statement that reveal the location of a weapon would be admissible under this exception
37
Q

Indictment

A

A charge by a grand jury that a reasonable basis (probable cause) exists for believing that a crime has been committed and that a trial should be held

38
Q

Grand jury

A

A group of citizens called to decide, after hearing the states evidence, whether a reasonable basis (probable cause) exists for believing that a crime has been committed and whether a trial ought to be held

39
Q

Information

A

A formal accusation or complaint (without an indictment) issued in certain types of actions (usually lesser crimes) by a law officer, such as a magistrate

40
Q

Computer crime

A

Any violation of criminal law that involves knowledge of computer technology for its perpetration, investigation, or prosecution

41
Q

Cyber crime

A

A crime that occurs online in the virtual community of the internet as opposed to the physical world

42
Q

Cyber fraud

A

Fraud that involves the online theft of credit card info, banking details, and other information for criminal use

43
Q

Identity theft

A

The act of stealing another’s identifying information such as name, date of birth and social security number and using that information to access the victim’s financial resources

44
Q

Phishing

A

Online fraud in which criminals pretend to be legitimate companies by using emails or malicious web sites that trick individuals and companies into providing useful info such as bank account numbers, social security numbers and credit card numbers

45
Q

Botnets

A

Short for robot network– a group of computers that run an application that is controlled and manipulated only by the software source.

  • a group of computers that have been infected by malicious robot software
  • each connected computer becomes a zombie or drone
46
Q

Malware

A

Malicious software programs designed to disrupt or harm a computer, network, smartphone or other device

47
Q

Worm

A

A type of malware that is designed to copy itself from one computer to another without human interaction

48
Q

Virus

A

A type of malware that is transmitted between computers and attempts to do deliberate damage to systems and data

Finance 240 (33 decks)

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