Business Law Ch 7

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Business Law Ch 7
2013-06-30 16:11:17
Business Law

Business Law Ch 7
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  1. actus reusLatin
    for “guilty act”; a wrongful behavior that is associated with the physical act of a declared crime.
  2. affirmative defense
    A defendant’s response to a plaintiff’s claim in which the defendant attacks the plaintiff’s legal right to bring the action rather than attacking the fact of the claim or making excuses for unlawful behavior. Common affirmative defenses are expiration of the statute of limitations, mistake of fact, intoxication, insanity, duress, and entrapment.
  3. arraignment
    The first appearance in court by the defendant, at which the defendant is advised of the pending charges, the right to counsel, and the right to trial by jury and he or she enters a plea to the charge.
  4. arrest
    The action in which the police, or a person acting under the law, seize, hold, or take an individual into custody.
  5. arson
    The crime of intentionally setting fire to another’s property.
  6. bail
    A thing of value, such as a money bail bond or any other form of property, that is given to the court to temporarily allow a person’s release from jail and to ensure his or her appearance in court.
  7. bench trial
    A trial before a judge, with the judgment decided by the judge rather than a jury; occurs when the defendant has waived his or her right to a jury trial.
  8. booking
    After an individual is arrested, the procedure of recording the name of the defendant and the alleged crime in the investigating agency’s or police department’s records.
  9. bribery
    A corrupt and illegal activity in which a person offers, gives, solicits, or receives money, services, or anything of value in order to gain an illicit advantage.
  10. burden of proof
    To convict a defendant, the duty of the plaintiff or prosecution to establish a claim or allegation by admissible evidence and to prove to the jury or court, beyond any reasonable doubt, that the defendant committed all the essential elements of the crime.
  11. burglary
    A crime in which someone unlawfully enters a building with intent to commit a felony or theft.
  12. computer crime
    Crime that is committed using a computer. concealment The active hiding of the truth about a material fact.
  13. cyber terrorist
    A hacker whose intention is the exploitation of a target computer or network to create a serious impact, such as the crippling of a communications network or the sabotage of a business or organization, which may have an impact on millions of citizens if the terrorist’s attack is successful.
  14. duress
    Any unlawful act or threat exercised on a person whereby the person is forced to enter into an agreement or to perform some other act against his or her will.
  15. embezzlement
    A wrongful conversion of another’s funds or property by one who is lawfully in possession of those funds or that property.
  16. entrapment
    A relatively common defense under which the defendant claims that he would not have committed the crime or broken the law if he had not been induced or tricked into doing so by law enforcement officials.
  17. extortion
    A criminal offense in which a person obtains money, property, and/or services from another by wrongfully threatening or inflicting harm to his or her person, property, or reputation. Also called blackmail.
  18. false pretenses
    A materially false representation of an existing fact, with knowledge of the falsity of the representation and with the intent to defraud.
  19. felony
    A serious crime, such as murder, rape, or robbery, that is punishable by imprisonment for more than one year or death.
  20. first appearance
    The initial appearance of an arrested individual before a judge, who determines whether there was probable cause for the arrest. If the judge ascertains that probable cause did not exist, the individual is freed.
  21. forgery
    The fraudulent making or altering of a writing in a way that changes the legal rights and liabilities of another and with the intent to deceive or defraud.
  22. fraud
    (1) An intentional deception that causes harm to another. (2) A basis for contesting a will if the testator relied on false statements when he or she made the will.
  23. hacker
    A person who illegally accesses, or enters, another person’s or company’s computer system to obtain information or steal money.
  24. indictment
    A finding by the grand jury that there is evidence to charge the defendant and bring him or her to trial.
  25. infant
    A person who is not legally an adult (in most U.S. localities, a person under 18) and thus is considered to lack the mental capabilities of an adult. Infancy can be used as a partial defense to defuse the guilty-mind requirement of a crime.
  26. information
    A finding by a magistrate that there is enough evidence to charge the defendant and bring her or him to trial.
  27. insanity
    An affirmative defense which claims that the defendant had a severe mental illness when the crime was committed that substantially impaired his or her capacity to understand and appreciate the moral wrongfulness of the act.
  28. insider trading
    Illegal buying or selling of a corporation’s securities by corporate insiders, such as officers and directors, on the basis of material, nonpublic information and in breach of a fiduciary duty or some other relationship of trust and confidence.
  29. involuntary intoxication
    An affirmative defense in which the defendant claims that she took the intoxicant without awareness of its likely effect, mistook its identity, or was forced to ingest it and that it left her unable to understand that the act committed was wrong.
  30. justifiable use of force
    The use of force that is necessary to prevent imminent death or great bodily harm to oneself or another or to prevent the imminent commission of a forcible felony.
  31. larceny
    The unlawful taking, attempting to take, carrying, leading, or riding away of another person’s property with intent to permanently deprive the rightful owner of the property.
  32. liability without fault
    See strict liability.
  33. mens rea
    Latin for “guilty mind”; the mental state accompanying a wrongful behavior.
  34. Miranda rights
    The rights that are read to an arrested individual by a law enforcement agent before the individual is questioned about the commission of the crime.
  35. misdemeanor
    A crime that is less serious than a felony and is punishable by a fine and/or imprisonment for less than one year.
  36. mistake of fact
    (1) A mistake that is not caused by the neglect of a legal duty by the person committing the mistake but, rather, consists of unconscious ignorance of a past or present material event or circumstance. (2) An affirmative defense in which the defendant tries to prove that she or he made an honest and reasonable mistake that negates the guilty-mind element of a crime.
  37. necessity
    An affirmative defense in which the defendant tries to prove that he or she was acting to prevent imminent harm and that there was no legal alternative to the action the defendant took.
  38. nolo contendere
    A plea in which the defendant does not admit guilt but agrees not to contest the charges.
  39. petit jury
    A group of 6 to 12 citizens who are summoned to court and sworn in by the court to hear evidence presented by both sides and render a verdict in a trial.
  40. petty offense
    A minor crime that is punishable by a small fine and/or imprisonment for less than six months in a jail.
  41. plea bargain
    An agreement in which the prosecutor agrees to reduce charges, drop charges, or recommend a certain sentence if the defendant pleads guilty.
  42. probable cause
    Any essential element and/or standard by which a lawful officer may make a valid arrest, conduct a personal or property search, or obtain a warrant.
  43. robbery
    The unlawful taking or attempted taking of personal property by force or threat of force and/or by putting the victim in fear.
  44. strict liability
    Liability in which responsibility for damages is imposed regardless of the existence of negligence. Also called liability without fault.
  45. strict-liability offense
    An offense for which no mens rea is required.
  46. vicarious liability
    The liability or responsibility imposed on a person, a party, or an organization for damages caused by another; most commonly used in relation to employment, with the employer held vicariously liable for the damages caused by its employees.
  47. virus
    A computer program that rearranges, damages, destroys, or replaces computer data.
  48. white-collar crime
    A variety of nonviolent illegal acts against society that occur most frequently in the business context.