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Business Law > Chapter 10 Criminal Law > Flashcards

Chapter 10 Criminal Law Flashcards

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1
Q

Breaking and entering into a dwelling with intent of commuting a felony

Some courts omit the “breaking” element

Deadly weapon changes a to b

A

Burglary

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2
Q

U lawful taking and varying away of someone else’s property with the intent to perminatly deprive the owner of possession

A

Larceny

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3
Q

Usually grouped into theft

Falls into different statutes in different states

Embezzlement larceny etc.

A

Obtaining goods by false pretenses

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4
Q

To receive goods that that a person knows or should know we’re stolen.
Is a crime.

True of false

Need the owner know the true owner or have paid for the goods

A

True it is a crime

The person does not need to know the owner and it doesn’t matter if the person paid for the goods or not

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5
Q

Willful and malicious burning of a building

Some states also a car or other personal property

A

Arson

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6
Q

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

A

Forgery

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7
Q

Public drunkeness
Protitution
Gambling
Illegal drug use

Are all

A

Public order crimes

Sometimes referred to as victimless crimes bc normally only harm the offender

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8
Q

Justifiable use of force

A

Self defense
Protect property
Prevent crime

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9
Q

Necessity

A

Necessary to prevent greater crime

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10
Q

M’naghten

A

If didn’t know the nature and quality of act of did not know act was wrong

Insanity deffense

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11
Q

Insanity

A

M’naghten - didn’t know quality and nature of act . Didn’t know it was wrong

Irresistible
Impulse

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12
Q

Mistake

A

Mistake of fact not of law

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13
Q

Duress

A

Wrongful threat of person induced another to preform an act that he or she would not otherwise have preformed

CANNOT BE USED IN MURDER

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14
Q

Police or government agents
Entice
Pressure or induce individual to commit

A

Entrapment

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15
Q

Critical issue of entrapment.

A

Was ^ predisposed to commit act or only did so because agent induced

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16
Q

Two criminal defenses

One of time

One in exchange for information.

A

State of limitations

Immunity

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17
Q 
Arrest - booking - initial apearence - 
Preliminary hearing ( or grand jury) - indictment or information- arraignment - trial
A

Typical procedural steps in a criminal case

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18
Q

Amendment that says

No unreasonable search and seizure

Warrant must be issued with probable cause

A

4th amendment
No search and siezure
No warrant without cause

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19
Q

Amendment that says

No one tried twice
No one deprived of liberty or property without due process
No person can be forced as a witness against self

A

5th amendment

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20
Q

Right to a speedy public trial by jury

A

6th amendment

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21
Q

No exes dive bail

No cruel and unusual punishment

A

8th amendment

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22
Q

Crimes occurring in the business context

A

White collar crimes

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23
Q

A person who is entrusted with another’s property and fraudulently appropriates it

A

Embezzlement

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24
Q

Why isn’t embezzlement larceny

A

Wrong doer does not physically take property

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25
Q

Is embezzlement robbery ?

A

No because no force or fear is used

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26
Q

This change says

It is a federal crime to devise any scheme to defraud the public using

Mail
Commercial carriers
Phone TV Internet email

A

Mail and wire fraud

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27
Q

What three types of bribery are considered crimes

A

Bribery of
Public officials
Commercial bribery
Bribery of foreign officials

May include kickbacks, payoff, special favor, services

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28
Q

Five categories of criminal acts

A 
Violent crimes 
Property crimes 
Public order crimes 
White collar crimes 
Organized crime
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29
Q

When a grand jury decides that someone should be charged with a alleged crime such a charge is called an…..

A

Indictment

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30
Q

Many lessor crimes do not require a grand jury but non the less the individual is formally charged via

A

Information

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31
Q

Involves the criminal defendant being brought before the court, informed of the charges and asked to enter a plea

A

Arraignment

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32
Q

Tracking of movements of a vehicle by the authorities requires a warrant

True or false

A

True

33
Q

This law is possibly the most significant law addressing cyber crime

A

Computer fraud and abuse act

34
Q

Under the — it is illegal for U.S. citizens to bribe foreign officials to get new business

Violation can result in how many years in prison

A

FCpA

5 years

35
Q

FCPA

A

Foreign corrupt practices act

Makes it illegal for a U.S. Citizen to bribe a foreign official to get new business

Up to 5 years in prison

36
Q

The exclusionary rule states that

A

Any evidence obtained in violation of the 4th 5th 6th amendment is generally not admissible at trial

37
Q

Criminal law is what kind of law

A

Statutory

38
Q

Under RICO does it matter wether a property owner knows about illegal use or property

A

No it does not matter

39
Q

eBay- someone uses eBay to sell an item and item is not delivered

This constitutes

A

Online auction fraud

40
Q

Consumer pays directly online for an item that is never delivered

A

Online retail fraud

41
Q

An individual who has been the subject of crime can prosecute the alleged criminal

A

False

42
Q

Burden of proof in criminal

Proceedings

A

Beyond a reasonable doubt

43
Q

Remedy in criminal

Proceedings

A

Punishment

Fine, imprisonment or death

44
Q

A physical

Attack can be a tort or crime or both

A

True

45
Q

Battery is a tort that provides basis for both criminal and tort action

True or false

A

True

46
Q

In criminal

Law the least serious kinds of criminal offenses such as traffic or building code violations

A

Petty offenses

47
Q

Lesser crimes than felonies

Punishable by up to a year in prison

A

Misdemeanors

48
Q

Crimes such as arson murder- rape- robbery- that carry the most severe sanctions

A

Felonies

49
Q

Generally for a crime to have occurred one must have committed the guilty act and had a wrongful mental state

A

True

50
Q

The circumstances under which criminal negligence can exist

A

A person consciously

Disregards a substantial and unjustifiable risk

51
Q

Criminal negigence can occur when ^ was not aware of the risk

A

But should have been aware of it

52
Q

Many of the over 4000 federal crimes do not require a wrongful mental state

A

True

53
Q

Wrongful mental state is known as

A

Men’s rea

54
Q

Because a corporation is a legal entity And not a person there can never be cooperate criminal liability

A

False

55
Q

Under what doctrine can a court impose criminal liability on a corporate officer who knew about a given violation

A

Responsible corporate officer doctrine

56
Q

Obtaining goods via false pretense is a crime that involves

A

Trickery

57
Q

Today RICO ( racketeer influenced and corrupt organizations act) has allowed it to be applied to cases that have little or nothing to do with organized crime

A

True

58
Q

Generally you can use the amount of non-deadly force nessisary to protect yourself your dwelling, or other property and you will avoid criminal liability

A

True

59
Q

Mistake of fact rather than mistake of law can often excuse criminal lability if the mistake negates the mental state nessisary to commit a crime

A

True

60
Q

What enjoys no statute of limitations

A

Murder

61
Q

No person shall be compelled to be a Wittness agaiant himself

A

Fifth amendment

62
Q

Right to a speedy trial by public jury

A

Sixth amendment

63
Q

No excessive bail

No cruel and unusual punishment

A

8th

64
Q

No one to be deprived of liberty or property without due process of law

A

5th

65
Q

No one can be tried for the same

Crime twice

A

5th

66
Q

No unreasonable search and seizure

A

4th

67
Q

Warrant must be issued with probably cause

A

Fourth

68
Q

A search warrant cannot reach beyond what is described in the warrant

A

True

69
Q

Most important Supreme Court case with respect to a criminal defendants procedural right

A

Miranda VS Arizona

70
Q

Perhaps the most significant law addressing cyber crime is

A

Computer fried and abuse act

71
Q

Which courts have exclusive jurisdiction over copyright claims

A

Federal courts

72
Q

Posing as a bank to get someone’s credit card info would be considered

A

Phishing

73
Q

A bribe occurs when

A

The offer is made

74
Q

Taking, money, belongings, article of value by means of force or fear

Use of deadly weapon changes charge
From a to b

A

Robbery

Aggravated robbery

75
Q

From birth to 7 years old a person cannot commit a crime beacUse they cannot from the required intent

A

True

76
Q

Enacted to prevent payments to foreign giv officials to assist in obtaining or retaining business

A

Foreign corrupt policies act

77
Q

Strict criminal liability is common in

3

A

Environmental laws
Illegal drugs
Laws effecting public health

78
Q

Strict liability crimes do not require

A

Men’s rea

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