HydeLawTest3Terms

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hydeab
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147619
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HydeLawTest3Terms
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2012-04-14 16:46:22
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Business Law Terms
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Test 3 Vocabulary Terms
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  1. Actus reus-
    A guilty (prohibited act. The commission of a prohibited act is one of the 2 essential elements required for criminal liability, the other element being the intent to commit a crime.
  2. Arson-
    The malicious burning of another’s dwelling. Some statutes have expanded this to include any real property regardless of ownership and the destruction of property by other means-for example, by explosion.
  3. Beyond a reasonable doubt-
    The standard used to determine the guilt or innocence of a person criminally charged. To be guilt of a crime, one must be proved guilty “beyond and to the exclusion of every reasonable doubt.” A reasonable doubt is one that would cause a prudent person to hesitate before acting in matters important to him or her.
  4. Botnet-
    Short for robot network-a group of computers that run an application that is controlled and manipulated only by the software source. Although sometimes a legitimate network, usually this term is reserved for a group of computers that have been infected by malicious robot software. In a botnet, each connected computer becomes a zombie, or drone.
  5. Burglary-
    The unlawful entry into a building with the intent to commit a felony. (Some state statutes expand this to include the intent to commit any crime.)
  6. Computer crime-
    Any wrongful act that is directed against computers and computer parties, or wrongful use or abuse of computers or software.
  7. Crime-
    A wrong against society proclaimed in a statute and punishable by society through fines and/or imprisonment-or, in some cases, death.
  8. Cyber crime-
    A crime that occurs online, in the virtual community of the Internet, as opposed to the physical world.
  9. Cyber fraud-
    Fraud that involves the online theft of credit card information, banking details, and other information for criminal use.
  10. Cyberterrorist-
    A hacker whose purpose is to exploit a target computer for a serious impact, such as the corruption of a program to sabotage a business.
  11. Embezzlement-
    The fraudulent appropriation of money or other property by a person to whom the money or property has been entrusted.
  12. Felony-
    A crime-such as arson, murder, rape, or robbery-that carries the most severe sanctions, usually ranging from one year in a state or federal prison to the forfeiture of one’s life.
  13. Forgery-
    The fraudulent making or altering of any writing in a way that changes the legal rights and liabilities of another.
  14. Grand jury-
    A group of citizens called to decide, after hearing the state’s evidence, whether a reasonable basis (probable cause) exists for believing that a crime has been committed and whether a trial ought to be held.

  15. Hacker-
    A person who uses one computer to break into another. Professional computer programmers refer to such persons as “crackers.”
  16. Identity theft-
    The act of stealing another’s identifying information-such as a name, date of birth, or Social Security number-and using that information to access the victim’s financial resources.
  17. Indictment-
    A charge by a grand jury that a reasonable basis (probable cause) exists for believing that a crime has been committed and that a trial should be held.

  18. Information-
    A formal accusation or complaint (without an indictment) issued in certain types of actions (usually criminal actions involving lesser crimes) by a law officer, such as a magistrate.
  19. Larceny-
    The wrongful taking and carrying away of another person’s personal property with the intent to permanently deprive the owner of the property. Some states classify larceny as either grand or petit, depending on the property’s value.
  20. Malware-
    Any program that is harmful to a computer or, by extension, a computer user. The latest form is botnets.
  21. Mens rea-
    Mental state, or intent. Wrongful mental state is as necessary as a wrongful act to establish criminal liability. What constitutes a mental state varies according to the wrongful action. Thus, for murder, the mens rea is the intent to take a life. For theft, the mens rea must involve both the knowledge that the property belongs to another and the intent to deprive the owner of it.
  22. Misdemeanor-
    A lesser crime than a felony, punishable by a fine or imprisonment for up to one year in other than a state or federal penitentiary.
  23. Money laundering-
    Falsely reporting income that has been obtained through criminal activity as income obtained through a legitimate business enterprise-in effect, “laundering” the “dirty money.”
  24. Petty offense-
    In criminal law, the least serious kind of criminal offense, such as a traffic or building-code violation.
  25. Phishing-
    An online fraud action that allows criminals to pretend to be legitimate companies either by using e-mails or malicious Web sites that trick individuals and companies into providing useful information, such as bank account numbers, Social Security numbers, or credit card numbers.
  26. Plea bargaining-
    The process by which a criminal defendant and the prosecutor in a criminal case work out a mutually satisfactory disposition of the case, subject to court approval; usually involves the defendant’s pleading guilty to a lesser offense in return for a lighter sentence.
  27. Robbery-
    The act of forcefully and unlawfully taking personal property of nay value from another; force or intimidation is usually necessary for an act of theft to be considered a robbery.
  28. Self-incrimination-
    At times, the state may wish to obtain information from a person accused of a crime. Accused persons are understandably reluctant to give information if it will be used to prosecute them, and they cannot be forced to do so. The privilege against self-incrimination is guaranteed by the Fifth Amendment to the U.S. constitution, which reads in part, “nor shall [any person] be compelled in any criminal case to be a witness against himself.”
  29. Virus-
    Any program transmitted between computers via the Internet generally without the knowledge or consent of the recipient. Viruses attempt to do deliberate damage to systems and data.
  30. Vishing-
    The voice counterpart of phishing; vishers use an e-mail or a notice on a Web site that encourage persons to make a phone call which then triggers a voice response system that asks for valuable personal information such as credit card numbers.
  31. White-collar crime-
    Nonviolent crime committed by individuals or corporations to obtain a personal or business advantage.
  32. Worm-
    A type of virus that is designed to copy itself from one computer to another without human interaction. Unlike the typical virus, a computer worm can copy itself automatically and can replicate in great volume and with great speed. Worms, for example, can send out copies of themselves to every contact in your e-mail address book.
  33. Violent crime-
    Crime that causes others to suffer harm or death. Ex- murder, assault and battery, sexual assault (rape), and robbery.
  34. Property crime-
    Crime in which the goal of the offender is some form of economic gain or the damaging of property; the most common form of crime. Ex- burglary, larceny, arson, receiving stolen goods, forgery, and obtaining goods by false pretenses.
  35. Public order crime-
    Crime that is contrary to public values and morals. Ex- public drunkenness, prostitution, gambling, and illegal drug use.
  36. White-collar crime-
    An illegal act or series of acts committed by an individual or business entity using some nonviolent means to obtain a personal or business advantage usually committed in the course of a legitimate occupation. Ex- embezzlement, mail and wire fraud, bribery, bankruptcy fraud, insider trading, and the theft of intellectual property.
  37. Organized crime-
    A form of crime conducted by groups operating illegitimately to satisfy the public’s demand for illegal goods and services (such as gambling and illegal narcotics). The Racketeer Influenced and Corrupt Organizations Act (RICO) of 1970-RICO makes it a federal crime to (a) use income obtained form racketeering activity to purchase any interest in an enterprise, (b) acquire or maintain an interest in an enterprise through racketeering activity, (c) conduct or participate in the affairs of an enterprise through racketeering activity, or (d) conspire to do any of the preceding activities. RICO provides for both civil and criminal liability.
  38. Adequate protection doctrine-
    In bankruptcy law, a doctrine that protects secured creditors from losing their security as a result of an automatic stay on legal proceedings by creditors against the debtor once the debtor petitions for bankruptcy relief. In certain circumstances, the bankruptcy court may provide adequate protection by requiring the debtor or trustee to pay the creditor or provide additional guaranties to protect the creditor against the losses suffered by the creditor as a result of the stay.
  39. Artisan’s lien-
    A possessory lien given to a person who has made improvements and added value to another person’s personal property as security for payment for services performed.
  40. Attachment-
    (1) In the context of secured transactions, the process by which a security interest in the property of another becomes enforceable. (2) In the context of judicial liens, a court-ordered seizure and taking into custody of property prior to the securing of a judgment for a past-due debt.
  41. Automatic stay-
    In bankruptcy proceedings, the suspension of virtually all litigation and other action by creditors against the debtor or the debtor’s property; the stay is effective the moment the debtor files a petition in bankruptcy.
  42. Bankruptcy trustee-
    A person who is either appointed by the U.S. Department of Justice or by creditors in bankruptcy cases. In all bankruptcies under Chapters 7, 12, or 13, a trustee is appointed by the U.S. Trustee, who is an officer of the Department of Justice. Chapter 11 bankruptcies allow the debtor to continue to manage the property as a “debtor in possession,” but this person can be replaced for cause with a bankruptcy trustee.
  43. Consumer-debtor-
    An individual whose debts are primarily consumer debts (debts for purchases made primarily for personal or household use).
  44. Co-surety-
    A joint surety. One who assumes liability jointly with another surety for the payment of an obligation.
  45. Cram-down provision-
    A provision of the Bankruptcy Code that allows a court to confirm a debtor’s Chapter 11 reorganization plan even though only one class of creditors has accepted it. To exercise the court’s right under this provision, the court must demonstrate that the plan does not discriminate unfairly against any creditors and is fair and equitable.
  46. Creditors’ composition agreement-
    An agreement formed between a debtor and his or her creditors in which the creditors agree to accept a lesser sum than that owed by the debtor in full satisfaction of the debt.
  47. Debtor in possession (DIP)-
    In Chapter 11 bankruptcy proceedings, a debtor who is allowed to continue in possession of the estate in property (the business) and to continue business operations.
  48. Discharge-
    The termination of an obligation. (1) In contract law, discharge occurs when the parties have fully performed their contractual obligations or when events, conduct of the parties, or operation of the law releases the parties from performance. (2) In bankruptcy proceedings, the extinction of the debtor’s dischargeable debts.
  49. Garnishment-
    A legal process used by a creditor to collect a debt by seizing property of the debtor (such as wages) that is being held by a third party (such as the debtor’s employer).
  50. Guarantor-
    A person who agrees to satisfy the debt of another (the debtor) only after the principal debtor defaults; a guarantor’s liability is thus secondary.
  51. Homestead exemption-
    A law permitting a debtor to retain the family home, either in its entirety or up to a specified dollar amount, free from the claims of unsecured creditors or trustees in bankruptcy.
  52. Insider-
    A corporate director or officer, or other employee or agent, with access to confidential information and a duty not to disclose that information in violation of insider-trading laws.
  53. Lien-
    A claim against specific property to satisfy a debt.
  54. Liquidation proceedings-
    The selling of all nonexempt assets and the distribution of the proceeds to the debtor’s creditors.
  55. Mechanic’s lien-
    A statutory lien on the real property of another, created to ensure payment for work performed and materials furnished in the repair or improvement of real property, such as a building.
  56. Order for relief-
    A court’s grant of assistance to a complainant. In bankruptcy proceedings, the order relieves the debtor of the immediate obligation to pay the debts listed in the bankruptcy petition.
  57. Petition in bankruptcy-
    The document that is filed with a bankruptcy court to initiate bankruptcy proceedings. The official forms required for a petition in bankruptcy must be completed accurately, sworn to under oath, and signed by the debtor.
  58. Preference-
    In bankruptcy proceedings, property transfers or payments made by the debtor that favor (give preference to) one creditor over others. The bankruptcy trustee is allowed to recover payments made both voluntarily to one creditor in preference over another.
  59. Preferred creditor-
    One who has received a preferential transfer from a debtor.
  60. Reaffirmation agreement-
    An agreement between a debtor and a creditor in which the debtor reaffirms, or promises to pay, a debt dischargeable in bankruptcy. To be enforceable, the agreement must be made prior to the discharge of the debt by the bankruptcy court.
  61. Right of contribution-
    The right of a co-surety who pays more than his or her proportionate share on a debtor’s default to recover the excess paid from other co-sureties.
  62. Right of reimbursement-
    The legal right of a person to be restored, repaid, or indemnified for costs, expenses, or losses incurred or expended on behalf of another.
  63. Right of subrogation-
    The right of a person to stand in the place of (be substituted for) another, giving the substituted party the same legal rights that the original party had.
  64. Surety-
    A person, such as a cosigner on a note, who agrees to be primarily responsible for the debt of another.
  65. Suretyship-
    An express contract in which a third party to a debtor-creditor relationship (the surety) promises to be primarily responsible for the debtor’s obligation.
  66. U.S. trustee-
    A government official who performs certain administrative tasks that a bankruptcy judge would otherwise have to perform.
  67. Workout-
    A formal contract between a debtor and his or her creditors in which the parties agree to negotiate a payment plan for the amount due on the loan instead of proceeding to foreclosure.
  68. Writ of attachment-
    A court’s order, prior to a trial to collect a debt, directing the sheriff or other officer to seize nonexempt property of the debtor; if the creditor prevails at trial, the seized property can be sold to satisfy the judgment.
  69. Writ of execution-
    A court’s order, after a judgment has been entered against the debtor, directing the sheriff to seize (levy) and sell any of the debtor’s nonexempt real or personal property. The proceeds of the sale are used to pay off the judgment, accrued interest, and costs of the sale; any surplus is paid to the debtor.

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