Chapter 10 - Criminal Law And Business Flashcards
1
Q
Classification of Criminal Crimes
A
- Felony (jail time is more than a year)
- Misdemeanor (jail time is less than a year)
2
Q
Evidence - Elements of a Crime
A
- Intent (MENS REA)
- Act (ACTUS REUS)
3
Q
Rules of Evidence
A
- Evidence must be relevant.
- DIRECT EVIDENCE - Actually seeing something happen
- CIRCUMSTANTIAL EVIDENCE - Didn’t directly see the crime take place, but you know pieces of the evidence
4
Q
Exclusionary Rule
A
- Provides that if any evidence is collected illegally (violation of 4th amendment rights) then any additional evidence gathered may have stemmed from the intal illegal gathering of evidence so it is excluded from evidence of the trial.
- “Fruit of the Poisonous Tree”
- Any evidence obtained illegally is inadmissible in court.
5
Q
Fraud
A
- Material False Statement with the intent to deceive.
- Victim has reasonable reliance on the statement or representation.
- Victim suffers damages of some sort.
6
Q
Forgery
A
- form of fraud
- Signing a legal document without permission.
- Person alters or creates a written document with the purpose to deceive or defraud another person.
7
Q
Embezzlement
A
- Taking of property of another while in lawful possession of the property.
- Taking money that you are legally watching over.
8
Q
Money Laundering
A
- Obtaining money through an illegal transaction and trying to conceal the fact that the money was obtained illegally.
9
Q
Bribery
A
- Offering a gift/payment/benefit in exchange for a vote or action.
10
Q
Foreign Corrupt Practices Act (FCPA)
A
Prohibits bribery-like payments to foreign officials.
11
Q
Extortion
A
Threatening someone so that he or she will give you money or property.
12
Q
RICO - Racketeer Influenced and Corrupt Organizations
A
- Organized criminal activity
- A way of life
- Being regularly engaged in some type of criminal activity.
- Purpose is to punish those who engage in prohibited activities and engage in interstate commerce.
13
Q
Obstruction of Justice
A
- A person avoids an investigation.
14
Q
Computer Crimes
A
- Computer hacking.
- CFAA - Computer Fraud and Abuse Act was created to try and prevent this issue.
15
Q
Mistake of Fact Defense
A
- Mistake of fact means a crime was committed by accident.
- Mistake of law is no defense.
