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Business Law > Chapter 7 > Flashcards

Chapter 7 Flashcards

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1
Q

Criminal laws

A

Provide an incentive for persons to act reasonably in society and imposing penalties on persons who violate them

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2
Q

Crime

A

Any act done by an individual in violation of those duties that he or she owes to society and for the breach of which the law provides that the wrongdoer shall make amends to the public

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3
Q

Penal codes

A

A collection of criminal statutes

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4
Q

In a criminal lawsuit, what is the government?

A

The plaintiff

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5
Q

What is the lawyer that represents the government called?

A

The prosecutor

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6
Q

In a criminal lawsuit, who is the accused?

A

The defendant

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7
Q

Who represents the defendant?

A

The defense attorney

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8
Q

Felony

A

The most serious type of crime; inherently evil crime. Most crimes against persons and some business-related crime are felonies

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9
Q

Misdemeanors

A

A less serious crime than a felony; not inherently evil but prohibited by society Many crimes against property are misdemeanors

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10
Q

Violation

A

A crime that is neither a felony nor a misdemeanor and that is usually punishably by a fine

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11
Q

Essential elements of crime

A
  1. Criminal Act

2. Criminal Intent

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12
Q

Criminal Act

A

The defendant must have actually performed the prohibited act

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13
Q

Actus reus

A

The actual performance of the criminal act

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14
Q

Mens rea (criminal intent)

A

“Evil intent”-the possession of the requisite state of mind to commit a prohibited act

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15
Q

Specific intent

A

Found where the accused purposefully, intentionally, or with knowledge commits a prohibited act

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16
Q

General intent

A

Found where there is a showing of recklessness or a lesser degree of mental culpability

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17
Q

Strict, or absolute, liability

A

A standard for imposing criminal liability without a finding of mens rea (intent)

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18
Q

Arrest warrant

A

A document for a person’s detainment, based on a showing of probable cause that the person committed the crime

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19
Q

Indictment

A

The charge of having committed a crime (usually a felony), based on the judgement of a grand jury

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20
Q

Information

A

The charge of having committed a crime (usually a misdemeanor), based on the judgement of a judge (magistrate)

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21
Q

Arraignment

A

A hearing during which the accused is brought before a court and is (1) informed of the charges against him or her and (2) asked to enter a plea

22
Q

Plea of nolo contendere

A

The accused agrees to the imposition of a penalty but does not admit guilty

23
Q

Plea bargain

A

A situation in which the accused admits to a lesser crime than charged. In return, the government agrees to impose a lesser sentence than might have been obtained had the case gone to trial

24
Q

Robbery

A

The taking of personal property from another person by the use of fear or force

25
Q

Burglary

A

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

26
Q

Larceny

A

The taking of another’s personal property other than from his or her person or building

27
Q

Receiving stolen property

A

(1) Knowingly receiving stolen property and (2) intending to deprive the rightful owner of that property

28
Q

Arson

A

The willful or malicious burning of another’s building

29
Q

Forgery

A

The fraudulent making or altering of a written document that affects the legal liability of another person

30
Q

Extortion, or blackmail

A

A threat to expose something about another person unless that other person gives money or property

31
Q

White-collar crimes

A

Crimes usually involving cunning and deceit rather than physical force

32
Q

Embezzlement

A

The fraudulent conversion of property by a person to whom that property was entrusted

33
Q

Criminal fraud

A

The act of obtaining title to property through deception or trickery. Also known as false pretenses or deceit

34
Q

Mail fraud

A

The use of mail to defraud another person

35
Q

Wire fraud

A

The use of telephone or telegraph to defraud another person

36
Q

Bribery

A

The act of one person giving another person money, property, favors, or anything else of value for a favor in return. Often referred to as a payoff or kickback

37
Q

Unreasonable search and seizure

A

Any search and seizure by the government that violates the Fourth Amendment

38
Q

Search warrant

A

A warrant issued by a court that authorizes the police to search a designated place for specified contraband, articles, items, or documents. The search warrant must be based on probable cause

39
Q

Exclusionary rule

A

A rule that says that evidence obtained from an unreasonable search and seizure can generally be prohibited from introduction at a trial or administrative proceeding against the person searched

40
Q

Criminal conspiracy

A

A situation in which two or more persons enter into an agreement to commit a crime and an overt act is taken to further the crime

41
Q

Attempt to commit a crime

A

A situation in which a crime is attempted but not completed

42
Q

The government usually brings criminal conspiracy charges if:

A

(1) the defendants have been thwarted in their efforts to commit the substantive crime or (2) there is insufficient evidence to prove the substantive crime

43
Q

Aiding and abetting the commission of a crime

A

Rendering support, assistance, or encouragement to the commission of a crime; harboring a criminal after he or she has committed a crime

44
Q

Self-incrimination

A

The giving of testimony that will likely subject a person to criminal prosecution. The Fifth Amendment states that no person shall be compelled in any criminal case to be a witness against him or herself

45
Q

Immunity from prosecution

A

A situation in which the government agrees not to use any evidence given by a person granted immunity against that person

46
Q

Attorney-client privilege

A

A rule that says a client can tell his or her lawyer anything about the case without fear that the attorney will be called as a witness against the client

47
Q

Privileges also recognized under the Fifth Amendment

A
  1. Psychiatrist/psychologist – Patient privilege
  2. Priest/minister/rabbi – Penitent privilege
  3. Spouse – Spouse privilege
  4. Parent – Child privilege
48
Q

Double jeopardy clause

A

A clause of the Fifth Amendment that protects persons from being tried twice for the same crime

49
Q

The Sixth Amendment guarantees certain rights criminal defendants, which are:

A
  1. To be tried by an impartial jury of the state or district in which the alleged crime was committed
  2. To confront (cross-examine) the witnesses against the accused
  3. To have the assistance of a lawyer
  4. To have a speedy trial
50
Q

Cruel and unusual punishment

A

A provision of the Eight Amendment that protects criminal defendants from torture or other abusive punishment

51
Q

Specifics of a Criminal Trial

A
  1. The accused is Presumed Innocent Until Proven Guilty
  2. The plaintiff (the government) bears the Burden Of Proof
  3. The government must prove Beyond A Reasonable Doubt that the accused is guilty of the crime charged
  4. The accused does not have to testify against him or herself

Business Law (9 decks)

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