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BLaw > Chapter 6 > Flashcards

Chapter 6 Flashcards

1
Q

Civil Law

A

Consists of the duties that exist between persons or between citizens and their governments.

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2
Q

Criminal Law

A

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

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3
Q

Criminal recklesness

A

a conscious disregard for a substantial and justifiable risk.

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4
Q

Criminal Negligense

A

is a deviation from the standard care that a reasonable person would use under the same circumstances

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5
Q

Burglary

A

is the unlawful entry into a building with the intent to commit a felony.

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6
Q

Larceny

A

Wrongfully taking and carrying away another person’s personal property with the intent of depriving the owner permanently of the property.

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7
Q

Embezzlement

A

is the fraudulent appropriation of anothers property or money by one who has been entrusted with it.

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8
Q

Money Laundering

A

Transferring the proceeds of a crime through legitimate business.

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9
Q

Model Penal Code

A

A person is not responsible if at the time, as a result of mental disease or defect, the person lacks substantial capacity either to appreciate the wrongfulness of the conduct or to conform his or her conduct to the law.

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10
Q

M’Naughten Test

A

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

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11
Q

Irresistible Impulse Test

A

A person operating under an irresistible impulse may know an act is wrong but cannot refrain from doing it.

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12
Q

Duress

A

Occurs when a threat induces a person to do something that he or she would not otherwise do.

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13
Q

Entrapment

A

Occurs when a law enforcement agent suggests that a crime be committed, pressures or induces an individual to commit it and arrests the individual for it.

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14
Q

Statutes of Limitations

A

provides that the state has a certain amount of time to prosecute a crime.

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15
Q

Immunity

A

A state can grant immunity from prosecution or agree to prosecute for a less serious offense in exchange for information.

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16
Q

Fourth Amendment

A

Protection from unreasonable search and seizures. Must have a search warrant.

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17
Q

Fifth Amendment

A

No one can be deprived of life, liberty, or property without due process of law.

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18
Q

Sixth Amendment

A

guarantees a speedy trial, trial by jury, a public trial, the right to confront witnesses, and the right to a lawyer in some proceedings.

19
Q

Eight Amendment

A

This amendment prohibits excessive bail and fines and cruel an unusual punishment.

20
Q

Miranada rights

A

A person in custody to be interrogated must be informed that he has the right to remain silent, anything said can and will be used against him in court, he or she has the right to consult with an attorney, and if he is indigent, a lawyer will be appointed.

21
Q

Arrest

A

requires warrant based on probable cause.

22
Q

Indictment

A

is a formal charge

23
Q

phishing

A

occurs when a criminal posing as legitimate business emails an unsuspecting individual asking them for personal information.

24
Q

Vishing

A

Occurs when audio is used togain personal information (see Phishing)

25
Q

TRUE/FALSE

Only the government prosecutes criminal defendants.

A

TRUE

26
Q

TRUE/FALSE

A criminal is punishable by imprisonment is a felony.

A

FALSE

27
Q

TRUE/FASLE

Burglary involves taking another persons property from his person or immediate person.

A

FALSE

28
Q

TRUE/FALSE

Embezzlement requites physically taking property for another’s possession.

A

FALSE

29
Q

TRUE/FALSE

Stealing computer time is larceny

A

TRUE

30
Q

TRUE/FALSE

Offering a bribe is only one element of the crime of bribery

A

FALSE

31
Q

TRUE/FALSE

Receiving stolen goods is a crime only if the recipient knows the true owner.

A

FALSE

32
Q

TRUE/FALSE

Using a fabricated identity to access online funds is identity theft.

A

TRUE

33
Q

TRUE/FALSE

The appropriate location for a trial can be a key issue in a case involving cyber crime.

A

TRUE

34
Q

TRUE/FALSE

A business takes no risk by electronically storing customers credit account numbers.

A

FASLE

35
Q

Loren is charged with criminal theft. For conviction, like mist crimes, theft requires ______.

A

A specified state of mind and performance of a prohibited act.

36
Q

Gwen signs Heidi’s name, without her consent, to the back of a check. This is _____.

A

Forgery

37
Q

Newt, a bank teller, deposits into his account checks that bank customers give to him to deposit into their accounts. This is ______.

A

embezzlement.

38
Q

Grover posts an electric piano for bids in iSell, a web auction site. Hyapatia makes the highest bid and sends her payment, which Grover receives, but he does not ship the piano. This is online _____.

A

Auction Fraud

39
Q

Posing as Deft Credit Company, Milo emails Lovey, asking her to verify her credit card information through a link in the e-mail. She clicks on the prompt and enters the data this is ______.

A

Phishing

40
Q

Crissy uses her computer and an online connection to break into Bargain Discount Store’s computer network. Crissy is ______.

A

A hacker

41
Q

Jody, a government agent, arrests Kevin for the commission of a crime. Kevin claims that Jody entrapped him. This is a valid defense if Jody ______.

A

Pressured Kevin into committing the crime,

42
Q

Perla is arrested on suspicion of the commission of a crime. Individuals who are arrested must be told of their right to _____.

A

Remain silent

43
Q

While away from her business, Kate is arrested on suspicion of commission of crime. At Kate’s trial, under the exclusionary rule _____.

A

illegally obtained evidence must be excluded from admission as evidence.

BLaw (3 decks)

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