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

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rootbytes
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271764
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BUSINESS LAW - CHAPTER 6 (Criminal Law and Cyber Crime)
Updated:
2014-04-24 12:15:09
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Business Law
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Chapter Six Terms
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  1. Crime
    A wrong against society proclaimed in a statute and, if committed, punishable by society through fines, imprisonment, or death.
  2. Beyond a Reasonable Doubt
    The standard of proof used in criminal cases.
  3. Preponderance of Evidence
  4. Actus Reus
    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.
  5. Mens Rea
    The wrongful mental state (“guilty mind”), or intent, that is one of the key requirements to establish criminal liability for an act.
  6. Robbery
    The act of forcefully and unlawfully taking personal property of any value from another.
  7. Aggravated Robbery
  8. Larceny
    The wrongful taking and carrying away of another person’s personal property with the intent to permanently deprive the owner of the property.
  9. Larceny by Trick
    (false pretenses)
  10. Burglary
    The unlawful entry or breaking into a building with the intent to commit a felony.
  11. Receiving Stolen
    Goods
  12. Arson
    The intentional burning of a building.
  13. Forgery
    The fraudulent making or altering of any writing in a way that changes the legal rights and liabilities of another.
  14. White Collar Crime
    Nonviolent crime committed by individuals or corporations to obtain a personal or business advantage.
  15. Embezzlement
    The fraudulent appropriation of funds or other property by a person who was entrusted with the funds or property.
  16. Mail and Wire Fraud
  17. Bribery
    The offer or acceptance of anything of value in exchange for influence on a government/public official or employee
  18. Insider Trading
    The purchase or sale of securities on the basis of information that has not been made available to the public.
  19. Money Laundering
    Engaging in financial transactions to conceal the identity, source, or destination of illegally gained funds.
  20. RICO
    Racketeer Influenced and Corrupt Organizations Act, commonly referred to as the RICO Act or simply RICO, is a United States federal law that provides for extended criminal penalties and a civil cause of action for acts performed as part of an ongoing criminal organization.
  21. Felony
    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.
  22. Misdemeanor
    A lesser crime than a felony, punishable by a fine or incarceration in jail for up to one year.
  23. Petty Offense
    The least serious kind of criminal offense, such as a traffic or building-code violation.
  24. Self-Defense
    The legally recognized privilege to do what is reasonably necessary to protect oneself, one’s property, or someone else against injury by another.
  25. Necessity
  26. Duress
    Unlawful pressure brought to bear on a person, causing the person to perform an act that she or he would not otherwise perform.
  27. Entrapment
    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.
  28. Statute of
    Limitations
  29. Immunity
  30. Self-Incrimination
    Giving testimony in a trial or other legal proceeding that could expose the person testifying to criminal prosecution.
  31. Plea  Bargaining
    The process by which a criminal defendant and the prosecutor work out an agreement to dispose of the criminal case, subject to court approval.
  32. Search Warrant
    An order granted by a public authority, such as a judge, that authorizes law enforcement personnel to search particular premises or property.
  33. Probable Cause
    Reasonable grounds for believing that a search should be conducted or that a person should be arrested.
  34. 5th Ammendment  Protections ( know which they
    are)
  35. Double Jeopardy
    The Fifth Amendment requirement that prohibits a person from being tried twice for the same criminal offense.
  36. 6th and 8th
    Ammendment Protections ( know which
    they are)
  37. Exclusionary Rule
    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.
  38. Miranda rule and its
    exceptions
  39. Indictment
    A formal charge by a grand jury that there is probable cause to believe that a named person has committed a crime.
  40. Grand Jury
    A group of citizens who decide, after hearing the state’s evidence, whether a reasonable basis (probable cause) exists for believing that a crime has been committed and that a trial ought to be held.
  41. Cyber Crime
    A crime that occurs in the online environment rather than in the physical world.
  42. Cyber Fraud
    Any misrepresentation knowingly made over the Internet with the intention of deceiving another for the purpose of obtaining property or funds.
  43. Phishing
    An e-mail fraud scam in which the messages purport to be from legitimate businesses to induce individuals into revealing their personal financial data, passwords, or other information.
  44. Hacker
    A person who uses computers to gain unauthorized access to data.
  45. Malware
    Malicious software programs, such as viruses and worms, that are designed to cause harm to a computer, network, or other device.
  46. Worm
    A software program that automatically replicates itself over a network but does not alter files and is usually invisible to the user until it has consumed system resources.
  47. Virus
    A software program that can replicate itself over a network and spread from one device to another, altering files and interfering with normal operations.
  48. The Computer Fraud and Abuse Act

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