EssentialsOFBusLaw_7 Flashcards

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1
Q

Actus reus

A

The guilty act.

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2
Q

Mens rea

A

A guilty state of mind.

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3
Q

Affidavit

A

A written statement signed under oath.

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4
Q

Arson

A

The malicious use of fire or explosives to damage or destroy real estate or personal property.

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5
Q

Beyond a reasonable doubt

A

The very high burden of proof in a criminal trial, demanding much more evidence and certainty than required in a civil trial.

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6
Q

Compliance program

A

A plan to prevent and detect criminal conduct at all levels of the company.

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7
Q

Criminal law

A

Prohibits conduct threatening to the people and social stability.

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8
Q

Criminal procedure

A

The process of investigating, interrogating, and trying a criminal defendant.

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9
Q

Double Jeopardy

A

A criminal defendant may be prosecuted only once for a particular criminal offense.

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10
Q

Due Process

A

Requires fundamental fairness at all stages of the case.

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11
Q

Embezzlement

A

The fraudulent conversion of property already in the defendant’s possession.

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12
Q

Federal Sentencing Guidelines

A

The detailed rules that judges must follow when sentencing defendants convicted of crimes in federal court.

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13
Q

Felony

A

A serious crime, for which a defendant can be sentenced to one year or more in prison.

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14
Q

Fraud

A

Deception used to obtain money or property.

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15
Q

General deterrence

A

Is the goal of demonstrating to society generally that crime must be shunned.

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16
Q

General intent

A

The defendant intended to do the prohibited physical action (the actus reus).

17
Q

Grand jury

A

A group of ordinary citizens that decided whether there is probable cause the defendant committed the crime and should be tried.

18
Q

Guilty

A

A court’s finding that a defendant has committed a crime.

19
Q

Indictment

A

The government’s formal charge that the defendant has committed a crime and must stand trial.

20
Q

Misdemeanor

A

A less serious crime, often punishable by less than a year in a county jail.

21
Q

Money laundering

A

Using the proceeds of criminal acts either to promote crime or conceal the source of the money.

22
Q

Motion to suppress

A

A request that the court exclude certain evidence because it was obtained in violation of the Constitution.

23
Q

Plea bargin

A

An agreement in which the defendant pleads guilty to a reduced charge, and the prosecution recommends to the judge a relatively lenient sentence.

24
Q

Probable cause

A

Means it is likely that evidence of crime will be found in the place to be searched.

25
Q

Racketeer Influenced and Corrupt Organizations Act (RICO)

A

A powerful federal statute, originally aimed at organized crime, now used in many criminal prosecutions and civil lawsuits.

26
Q

Racketeering acts

A

Any of a long list of specified crimes, such as embezzlement, arson, mail, fraud, wire fraud, and so forth.

27
Q

Restitution

A

A court order that a guilty defendant reimburse the victim for the harm suffered.

28
Q

Retribution

A

Giving back to the criminal precisely what he deserves.

29
Q

Specific deterrence

A

Is intended to teach this defendant that crime carries a heavy price tag.