BUSINESS LAW - CHAPTER 6 (Criminal Law and Cyber-crime)
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A wrong against society proclaimed in a statute and, if committed, punishable by
society through fines, imprisonment, or death.
The standard of proof used in criminal cases. (About 97% +)
Beyond Reasonable Doubt
A standard of proof that must be met by a plaintiff if he or she is to win a civil action.
Preponderance of Evidence
A guilty (prohibited) act. The commission of a prohibited act is one of the two essential elements required for criminal liability, the other element being the intent to commit a crime.
The wrongful mental state (“guilty mind”), or intent, that is one of the key requirements to establish criminal liability for an act.
Taking another's property with the intent of permanently deprive them.
Using deception/trust (ex; give me your PC, I’m a technician, enredando a la persona)
“Con Job” “Con artist”
Larceny by Trick
Larceny by trust, usually in employment relationships (ex; boss gives you a $300 to get a PC fixed, you give it to your brother who fixes it for $50 and you keep the change)
The act of forcefully and unlawfully taking personal property of any value from another. In other words, Larceny using any of the following: force, violence, threats.
Larceny using dangerous instruments
The unlawful entry or breaking into a building with the intent to commit a felony.
The intentional burning of a building.
The fraudulent making or altering of any writing in a way that changes the legal rights and liabilities of another.
Nonviolent crime committed by individuals or corporations to obtain a personal or business
White Collar Crime
Fraud using mail and fraud using technology
Mail and wire fraud
Offering money or favors to a public official in return for a given favor\preference
The purchase or sale of securities on the basis of inside information (information that has
not been made available to the public).
Engaging in financial transactions to conceal the identity, source, or destination of
illegally gained funds.
Racketeer Influenced and Corrupt Organizations Act. A federal law that provides for extended criminal penalties and a civil cause of action for acts performed as part of an ongoing criminal organization.
A crime—such as arson, murder, rape, or robbery—that carries the most severe sanctions, ranging from more than one year in a state or federal prison to the death
A lesser crime than a felony, punishable by a fine or incarceration in jail for up to one year.
A defense in which a defendant claims that he or she was induced by a public official to commit a crime that he or she would otherwise not have committed.
An enactment in a common law legal system that sets the maximum time after an event that legal proceedings based on that event may be initiated.
Statute of Limitations
The process by which a criminal defendant and the prosecutor work out an agreement
to dispose of the criminal case, subject to court approval.
An order granted by a public authority, such as a judge, that authorizes law enforcement
personnel to search particular premises or property.
Reasonable grounds for believing that a search should be conducted or that a person should be arrested.
A rule that prevents evidence that is obtained illegally or without a proper search warrant—and any evidence derived from illegally obtained evidence—from being admissible in court.
Ruling that states that law-enforcement officers must warn a person taken into custody that he or she has the right to remain silent and is entitled to legal counsel.
Clause in the Fifth Amendment to the US Constitution that prohibits anyone from being prosecuted twice for substanially the same
5th Amendment Protections
6th and 8th Amendment Protections
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