EssentialsOFBusLaw_7 Flashcards

(29 cards)

1
Q

Actus reus

A

The guilty act.

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2
Q

Mens rea

A

A guilty state of mind.

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3
Q

Affidavit

A

A written statement signed under oath.

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4
Q

Arson

A

The malicious use of fire or explosives to damage or destroy real estate or personal property.

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5
Q

Beyond a reasonable doubt

A

The very high burden of proof in a criminal trial, demanding much more evidence and certainty than required in a civil trial.

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6
Q

Compliance program

A

A plan to prevent and detect criminal conduct at all levels of the company.

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7
Q

Criminal law

A

Prohibits conduct threatening to the people and social stability.

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8
Q

Criminal procedure

A

The process of investigating, interrogating, and trying a criminal defendant.

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9
Q

Double Jeopardy

A

A criminal defendant may be prosecuted only once for a particular criminal offense.

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10
Q

Due Process

A

Requires fundamental fairness at all stages of the case.

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11
Q

Embezzlement

A

The fraudulent conversion of property already in the defendant’s possession.

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12
Q

Federal Sentencing Guidelines

A

The detailed rules that judges must follow when sentencing defendants convicted of crimes in federal court.

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13
Q

Felony

A

A serious crime, for which a defendant can be sentenced to one year or more in prison.

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14
Q

Fraud

A

Deception used to obtain money or property.

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15
Q

General deterrence

A

Is the goal of demonstrating to society generally that crime must be shunned.

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16
Q

General intent

A

The defendant intended to do the prohibited physical action (the actus reus).

17
Q

Grand jury

A

A group of ordinary citizens that decided whether there is probable cause the defendant committed the crime and should be tried.

18
Q

Guilty

A

A court’s finding that a defendant has committed a crime.

19
Q

Indictment

A

The government’s formal charge that the defendant has committed a crime and must stand trial.

20
Q

Misdemeanor

A

A less serious crime, often punishable by less than a year in a county jail.

21
Q

Money laundering

A

Using the proceeds of criminal acts either to promote crime or conceal the source of the money.

22
Q

Motion to suppress

A

A request that the court exclude certain evidence because it was obtained in violation of the Constitution.

23
Q

Plea bargin

A

An agreement in which the defendant pleads guilty to a reduced charge, and the prosecution recommends to the judge a relatively lenient sentence.

24
Q

Probable cause

A

Means it is likely that evidence of crime will be found in the place to be searched.

25
Racketeer Influenced and Corrupt Organizations Act (RICO)
A powerful federal statute, originally aimed at organized crime, now used in many criminal prosecutions and civil lawsuits.
26
Racketeering acts
Any of a long list of specified crimes, such as embezzlement, arson, mail, fraud, wire fraud, and so forth.
27
Restitution
A court order that a guilty defendant reimburse the victim for the harm suffered.
28
Retribution
Giving back to the criminal precisely what he deserves.
29
Specific deterrence
Is intended to teach this defendant that crime carries a heavy price tag.