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CSC 6530 SECOND-TERM > IS3350 CHAPTER 12 > Flashcards

IS3350 CHAPTER 12 Flashcards

1
Q

This is a Latin term used to describe a crime; it means “guilty act” and is called ___?

A

ACTUS REUS

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2
Q

A defendant’s response tot he plaintiff’s complaint is called an ___?

A

ANSWER

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3
Q

The first document filed in a civil case; A plaintiff files it and it states the plaintiff’s cause of action against a defendant. This is called ___?

A

COMPLAINT

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4
Q

A person’s obligation to avoid acts or omissions that can harm others is called ___?

A

DUTY OF DUE CARE

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5
Q

The greater of two crimes. These are more serious than misdemeanors. The are generally punishable by more than one year in prison and are called ___?

A

FELONIES

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6
Q

A series of insulting communications between Internet users. These often occur on online discussion boards and are called ___?

A

FLAMING

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7
Q

A written defamation is called ___?

A

LIBEL

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8
Q

This is a Latin term used to describe conduct that is inherently wrong. Literally means “evil in itself”. This term is called ___?

A

MALA IN SE

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9
Q

This is a Latin term used to describe conduct that society prohibits. Literally means “wrong because it is prohibited” This term is called ___?

A

MALA PROHIBITA

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10
Q

This is a Latin term used to describe the state of mind of a criminal. Literally means “guilty mind”, and is called ___?

A

MENS REA

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11
Q

The lesser of two types of crimes. These are less serious than felonies. These are generally punishable by nor more than one year in prison. This is called ___?

A

MISDEMEANOR

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12
Q

A courts ability to exercise poser over a defendant is called ___?

A

PERSONAL JURISDICTION

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13
Q

Oral defanation is called ___?

A

SLANDER

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14
Q

Unsolicited email, this is usually advertising or promotional email and is called ___?

A

SPAM

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15
Q

The time period stated by law during which a plaintiff must take legal action against a wrongdoer. If a plaintiff does not take legal action within the stated time, the are forever barred from bringing that action in the future. This is called ___?

A

STATUTE OF LIMITATIONS

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16
Q

The power of a court to decide certain types of cases is called ___?

A

SUBJECT MATTER JURISDICTION

17
Q

A person who commits a tort is called ___?

A

TORTFEASOR

18
Q
  1. Only the federal government prosecutes felonies.

TRUE OR FALSE

A

FALSE

19
Q
  1. Provide a brief definition of “crime”.
A

Crimes are

“wrong doings against society”

20
Q
  1. What is MALA IN SE?
  2. Conduct that a society declares is inherently wrong
  3. Conduct that society prohibits
  4. A person’s criminal intent
  5. A criminal act
  6. None of the above
A

Conduct that a society declares is inherently wrong

21
Q
  1. What element(s) must a government prove to show a crime has been committed?
  2. Mens rea
  3. Mala prohibita
  4. Actus rea
  5. 1 & 2 only
  6. 1 & 3 only
A

Mens rea

Actus rea

22
Q
  1. What type of jurisdictional issue is a concern in a cybercrime case?
  2. Original jurisdiction
  3. Subject matter jurisdiction
  4. Personal jurisdiction
  5. Appellate jurisdiction
  6. None of the above
A

Personal jurisdiction

23
Q
  1. The ____ guarantees a defendant the right to a speedy trial.
A

The Sixth (6th) Amendment to the US Constitution

24
Q
  1. The Computer Fraud and Abuse Act applies to any unauthorized access of a computer.
    TRUE OR FALSE
A

FALSE

25
Q
  1. Which federal laws can be used to prosecute phishing scams?
  2. The Computer Fraud and Abuse Act
  3. The Patriot Act
  4. The CAN-SPAM Act
  5. All the above
  6. 1 & 3 only
A

The Computer Fraud and Abuse Act

The CAN-SPAM Act

26
Q
  1. Cybertorts are most likely which type of tort?
  2. Intentional Torts
  3. Negligent torts
  4. Strict liability torts
  5. Crimes
  6. None of the above
A

Intentional Torts

27
Q
  1. To prove an intentional infliction of emotional distress tort, a plaintiff must show that the defendant’s conduct is ___.
A

Extreme and outrageous

28
Q
  1. Internet service providers often have tort immunity for the actions of content providers.
    TRUE OR FALSE
A

TRUE

29
Q
  1. What is the time period during which a plaintiff must begin their lawsuit?
  2. Statute of frauds
  3. Statute on liability
  4. Statute of limitations
  5. Pleadings statute
  6. None of the above
A

Statute of limitations

30
Q
  1. What is a defense to a defamation case?
  2. Comparative negligence
  3. Contributory negligence
  4. Assumption of risk
  5. The truth
  6. None of the above
A

The truth

31
Q
  1. The two types of defamation cases are ___.
A

Libel and slander

32
Q
  1. What type of document must a plaintiff file to begin a civil lawsuit?
  2. Answer
  3. Discovery
  4. Motion for Summary judgment
  5. Counter-claim
  6. Complaint
A

Complaint

CSC 6530 SECOND-TERM (8 decks)

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