BUSINESS LAW - CHAPTER 6 (Criminal Law and Cyber-crime)

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rootbytes
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262847
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BUSINESS LAW - CHAPTER 6 (Criminal Law and Cyber-crime)
Updated:
2014-02-19 17:17:13
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BUSINESS LAW CH6 Criminal Law Cyber crime
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SPRING 2014
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  1. A wrong against society proclaimed in a statute and, if committed, punishable by
    society through fines, imprisonment, or death.
    Crime
  2. The standard of proof used in criminal cases. (About 97% +)
    Beyond Reasonable Doubt
  3. A standard of proof that must be met by a plaintiff if he or she is to win a civil action.
    Preponderance of Evidence
  4. 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.
    Actus Reus
  5. The wrongful mental state (“guilty mind”), or intent, that is one of the key requirements to establish criminal liability for an act.
    Mens Rea
  6. Taking another's property with the intent of permanently deprive them.
    Larceny
  7. Using deception/trust (ex; give me your PC, I’m a technician, enredando a la persona)
    “Con Job” “Con artist”
    Larceny by Trick
  8. 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)
    Embezzlement
  9. 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.
    Robbery
  10. Larceny using dangerous instruments
    Aggravated Larceny
  11. The unlawful entry or breaking into a building with the intent to commit a felony.
    Burglary
  12. The intentional burning of a building.
    Arson
  13. The fraudulent making or altering of any writing in a way that changes the legal rights and liabilities of another.
    Forgery
  14. Nonviolent crime committed by individuals or corporations to obtain a personal or business
    advantage.
    White Collar Crime
  15. Fraud using mail and fraud using technology
    Mail and wire fraud
  16. Offering money or favors to a public official in return for a given favor\preference
    Bribery
  17. The purchase or sale of securities on the basis of inside information (information that has
    not been made available to the public).
    Insider Trading
  18. Engaging in financial transactions to conceal the identity, source, or destination of
    illegally gained funds.
    Money Laundering
  19. 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.
    RICO
  20. 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
    penalty
    Felony
  21. A lesser crime than a felony, punishable by a fine or incarceration in jail for up to one year.
    Misdemeanor
  22. 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.
    Entrapment
  23. 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
  24. The process by which a criminal defendant and the prosecutor work out an agreement
    to dispose of the criminal case, subject to court approval.
    Plea Bargaining
  25. An order granted by a public authority, such as a judge, that authorizes law enforcement
    personnel to search particular premises or property.
    Search Warrant
  26. Reasonable grounds for believing that a search should be conducted or that a person should be arrested.
    Probable Cause
  27. 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.
    Exclusionary Rule
  28. 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.
    Miranda Rule
  29. Clause in the Fifth Amendment to the US Constitution that prohibits anyone from being prosecuted twice for substanially the same
    crime.
    Double Jeopardy
  30. Look Up
    5th Amendment Protections
  31. Look Up
    6th and 8th Amendment Protections

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