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Business Law > Chapter 8: criminal law and a cyber crimes > Flashcards

Chapter 8: criminal law and a cyber crimes Flashcards

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1
Q

Accountant-Client Privilege

A

a state law that provides that an accountant cannot be called as a witness against a client in a court action; federal courts do not recognize this

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2
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
  2. asked to enter a plea
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3
Q

Arrest

A

a situtation in which a person is taken into custody for the alleged commission of a crime

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4
Q

Arrest Warrant

A

a document for a persons detainment based on a showing of probable cause that the person committed a crime

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5
Q

Arson

A

the willful or malicious burning of a building

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6
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

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7
Q

Bail

A

an amount of money established by a court that a person who has been arrested may post with the court in order to be released, usually jail, pending the trial of his or her case

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8
Q

Bail Bond

A

an instrument that is purchased from a bail bonds person by a person who has been arrested and ordered to post a bond with the court in order be released from custody

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9
Q

Beyond a Reasonable Doubt

A

a doctrine that requires that the government prove that the accused is guilty beyond a reasonable doubt in order to be found guilty of a crime

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10
Q

Blackmail

A

the name of a crime that consists of a threat to expose something about another person unless that other person gives money or property

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11
Q

Booking

A

an administrative procedure that occurs at a police station after person is arrest whereby the arrest is recorded, the suspect is fingerprinted and photographed

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12
Q

Bribery

A

a crime in which one person gives another person money, property, favors, or anything else of value for a favor in return

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13
Q

Burden of Proof

A

a burden a plaintiff bears to persuade the trier of fact of the merits of his or her case

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14
Q

Burglary

A

the taking of personal property from anothers home, office, or commercial or other type of building

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15
Q

Civil RICO

A

a federal statute that permits a civil lawsuit to be brought by persons injured by a pattern of racketeering to recover treble damages from the racketeer for injury cause to the plaintiffs business or property

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16
Q

Common Crime

A

ordinary crimes that are committed against persons and property

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17
Q

Corporate Criminal Liability

A

criminal liability of corporations for actions of their officers, employees, or agents

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18
Q

Counterfeit Access Device and Computer Fraud Abuse Act (CFAA)

A

a federal statute that makes it a federal crime to access a computer knowingly to obtain

  1. restricted federal government information
  2. financial records of financial institutions
  3. consumer reports of consumer reporting agencies
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19
Q

Crime

A

a violation of statute for which the government imposes a punishment

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20
Q

Criminal Act (actus reus)

A

the performance of a criminal act prohibited by law

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21
Q

Criminal Conspiracy

A

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

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22
Q

Criminal Fraud (false pretense or deceit)

A

a crime that involves obtaining title to property through deception or trickery

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23
Q

Criminal Intent

A

mens rea: evil intent

the requisite state of mind when an act was performed for an accused to be found guilty of an intent crime

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24
Q

Criminal Law

A

laws that prohibit certain conduct and provide an incentive for persons to act reasonably in society and imposes penalties on persons who violate them

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25
Q

Criminal RICO

A

a federal statute that makes it a crime to acquire or maintain an interest in, use income from, or conduct or participate in the affairs of an enterprise through a pattern of racketeering activity

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26
Q

Cruel and Unusual Punishment

A

a clause of the 8th Amendment to the US Constitution that protects criminal defendants from torture and other cruel and abusive punishment

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27
Q

Cyber Crime

A

crimes that committed using computers, e-mail, the Internet, and other electronic means

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28
Q

Defendant

A

a party who is being sued

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29
Q

Defense Attorney

A

the lawyer who represents the accused defendant in a criminal trial

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30
Q

Double Jeopardy Clause

A

a clause of the 5th Amendment to the US Constitution that protects persons from being tried twice for the same crime

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31
Q

8th Amendment

A

an amendment to the US Constitution that protects criminal defendants from cruel and unusual punishment

32
Q

Embezzlement

A

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

33
Q

Exclusionary Rule

A

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

34
Q

Extortion

A

a threat to expose something unless that other person gives money or property; blackmail

35
Q

Extortion Under Color of Official Right

A

extortion of a public official

36
Q

Felony

A

the most serious type of crime; inherently evil crime

37
Q

Felony Murder Rule

A

a rule that stipulates that if a murder is committed during that commission of another crime, even through the perpetrator did not originally intent to commit murder, the perpetrator is liable for the crime of murder

38
Q

5th Amendment

A

provides that no person “shall be compelled in any criminal case to be a witness against himself”

39
Q

General Intent Crime

A

a crime that requires that the perpetrator either knew or should have known that his or her actions would lead to harmful results

40
Q

Grand Jury

A

a special jury that hears evidence of serious crimes against an accused person, evaluates the evidence presented, and determines whether there is sufficient evidence to hold the accused for trial

41
Q

Guilty

A

a plea that may be entered by an accused at her or her arraignment whereby the accused states that he or she committed the crime that he or she is charged with

42
Q

Hung Jury

A

a jury that cannot come to a unanimous decision about the defendants guilt

43
Q

Identity Theft

A

a theft in which someone steals information about another person and poses as that person and takes the innocent persons money or property or to purchase goods and services using the victims credit information

44
Q

Identity Theft and Assumption Deterrence Act

A

a federal statute that makes it a federal crime to knowingly transfer, or use, without authority, the identity of another person with the intent to commit any unlawful activity

45
Q

Immunity From Prosecution

A

the governments agreement with a person not to use any evidence given by that person against that person

46
Q

Indictment

A

the charge of having committed a crime, based on the judgement of a grand jury

47
Q

Information

A

the charge of having committed a crime, based on the judgement of a grand jury

48
Q

Information Infrastructure Protection Act (IIP Act)

A

a federal statute that makes it a federal crime for anyone to intentionally access and acquire information from a protected computer without authorization

49
Q

Intent Crime

A

a crime that requires the defendant to be found guilty of committing a criminal act with criminal intent

50
Q

Involuntary Manslaughter

A

a non-intent crime that occurs when the death of a person results from the reckless or grossly negligent conduct of a another person

51
Q

Judgement Proof

A

a situation in which a defendant does not have the money to pay a civil judgement

52
Q

Kickback (Payoff)

A

the name of a crime in which one person gives another person money, property, favors, or anything else of value for a favor in return

53
Q

Larceny

A

the taking of anothers personal property other than from his or her person or building

54
Q

Magistrate

A

a judge

55
Q

Mail Fraud

A

the use of mail to defraud another person

56
Q

Mala In Se

A

inherently evil

57
Q

Mala Prohibita

A

crimes that are not inherently evil but are prohibited by society

58
Q

Mens Rea

A

“evil intent” ; the possession of the requisite state of mind to commit a prohibited act

59
Q

Miranda Rights

A

rights that a suspect must be informed of before being interrogated so that the suspect will not unwittingly give up his or her 5th amendment rights

60
Q

Misdemeanor

A

a less-serious crime; not inherently evil but prohibited by society

61
Q

Money Laundering

A

the crime of running illegally obtained money through legitimate business to “wash” the money and make it look as though it was earned legitimately

62
Q

Money Laundering Control Act

A

a federal statue that makes it a crime to

  1. knowingly engage in money transaction through a financial institution involving property from an unlawful activity worth more than 10,000
  2. knowingly involving the proceeds of an unlawful activity
63
Q

Murder

A

the unlawful killing of a human being by another aforethought - element of mens rea

64
Q

Nolo Contendere

A

a plea entered by a criminal defendant who has been sued by the government whereby the accused agrees to the imposition of a penalty but does not admit guilt

65
Q

4th Amendment

A

protects against unreasonable search and seizure

66
Q

Nonintent Crime

A

a crime that imposes criminal liability without a finding of mens rea

67
Q

Not Guilty

A

a plea that may be entered by an accused at her or his arraignment whereby the accused states that he or she did not commit the crime that the or she is charged with

68
Q

Parent-Child Privilege

A

a privilege granted to an accused through the 5th amendment to the US constitution to keep his or her child or his or her parents from testifying against him or her; could testify if accused is charged with harming his or her parent or child

69
Q

Penal Code

A

a collection of criminal statutes

70
Q

Plaintiff

A

the party who files a complaint that initiates a lawsuit

71
Q

Plea

A

an accused statement whether he or she is guilty or not guilty of the crime charged at his or her arraignment

72
Q

Plea Bargain

A

negotiations between an accused and the government with the intent of reaching an agreement between the parties to avoid a trial

73
Q

Plea Bargain Agreement

A

an agreement in which the accused admits to a lesser crime than charged and government agrees to impose a lesser sentence than might have been obtained had case gone to trial

74
Q

Presumed Innocent Until Proven Guilty

A

a legal rule that provides that a person charged with a crime in the United States is presumed innocent until proven guilty

75
Q

Priest/Rabbi/Minister/Imam-Penitent Priviledge

A

a privilege granted to an accused through the 5th Amendment to the US Constitution to keep his or her psychiatrist or psychologist from testifying against him or her

76
Q

Privilege Against Self-Incrimination

A

a provision of the 5th Amendment to the US Constitution that provides that a person need not be a witness against himself or herself in any criminal case

77
Q

Probable Cause

A

evidence if the substantial likelihood that a person either committed or is about to commit a crime

Business Law (13 decks)

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