business/personal law test 2 Flashcards

1
Q

Crime

A

A punishable offense against society.

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2
Q

The punishment for an offense against society attempts to …

A

identify, arrest, prosecute, and punish

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3
Q

The main objective is designed ot protect

A

society

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4
Q

Before convicted of a crime, prosecutors must prove these three elements

A

Duty
Violate the duty
Criminal intent

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5
Q

What is the duty of an individual when it relates to a crime

A

To know the law

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6
Q

Criminal intent menas the defendant

A

Intended to commit the crime

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7
Q

Embezzlement

A

Taking another’s property or money by a person to whom has been entrusted

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8
Q

Vicarious criminal liability

A

The higher ups have to take resposibility for for their workers actions

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9
Q

To have criminal intent an individual must have

A

Mental capacity

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10
Q

Felony

A

A crime punishable by confinement for more than a year in a state prison or by a fine of more than $1,000 or both, even death

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11
Q

Misdemeanor

A

A less serious crime, punishable by confinement in a county or city jail for less than one year, by fine, or both

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12
Q

Infraction

A

A crime such as parking violations or littering

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13
Q

White collar crimes

A

Crimes committed in the business world

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14
Q

Name three types of crimes committed in the business world (define them)

A

Embezzlement
Extortion
Bribery

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15
Q

Purgery

A

Lying under oath

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16
Q

Larceny

A

The wrongful taking of money or property

17
Q

Robbery vs. Burglary

A

R = by force
B = trespassing

18
Q

Another name for larceny is

A

Theft

19
Q

False pretenses

A

Obtaining money or other property by lying about a past or existing fact.

20
Q

Forgery

A

Falsely making or materially altering writing to defraud another, such as, signing or altering a check without permission

21
Q

Bribery

A

THe unlawfully offering or giving anything of value to influence performance of an official

22
Q

What act specifically targets computer related crimes

A

Computer fraud and abuse act

23
Q

Extortion

A

Obtaining money or other property from a person by wrongful use of force, fear, or the power of office.

24
Q

Conspiracy

A

An agreement between two or more persons to commit a crime, seperate from the crime the parties planned to commit

25
Q

Arson

A

The willful or illegal burning of a building

26
Q

5 rights of the accused

A
  1. Due process
  2. Not compelled to testify against themselves
  3. Not unreasonable searches or seizures
  4. Prove guilty beyond a reasonable doubt
  5. Trial by jury
27
Q

Probable cause

A

A reasonable ground for belief that the individual commited the crime

28
Q

A procedural defense is based on problems with the way 1. is obtained or the way an accused person was 2. , queastioned, 3. , or punished

A
  1. evidence
  2. arrested
  3. tried
29
Q

Name three substantive defenses

A
  1. self-defense
  2. Alibi
  3. Eye witness
30
Q

Substantive defense

A

Used to disprove, justify, or excuse the alleged crime

31
Q

Immunity

A

Freedom from prosecution

32
Q

Contempt of court

A

An action that hinders the administration of justice

33
Q

Punishment

A

A penalty provided by law imposed by a court

34
Q

Why do we punish

A

Discipline the wrong doers and deter others from similar behavior

35
Q

Pleas bargain

A

To plead guilty to a less serious crime in exchange for having a more serious charge dropped

36
Q

The individual gives up the right to a 1. to avoid the risk of greater penalty if convicted

A
  1. public trial