IS3350 CHAPTER 12 Flashcards Preview

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Flashcards in IS3350 CHAPTER 12 Deck (32)
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1

This is a Latin term used to describe a crime; it means "guilty act" and is called ___?

ACTUS REUS

2

A defendant's response tot he plaintiff's complaint is called an ___?

ANSWER

3

The first document filed in a civil case; A plaintiff files it and it states the plaintiff's cause of action against a defendant. This is called ___?

COMPLAINT

4

A person's obligation to avoid acts or omissions that can harm others is called ___?

DUTY OF DUE CARE

5

The greater of two crimes. These are more serious than misdemeanors. The are generally punishable by more than one year in prison and are called ___?

FELONIES

6

A series of insulting communications between Internet users. These often occur on online discussion boards and are called ___?

FLAMING

7

A written defamation is called ___?

LIBEL

8

This is a Latin term used to describe conduct that is inherently wrong. Literally means "evil in itself". This term is called ___?

MALA IN SE

9

This is a Latin term used to describe conduct that society prohibits. Literally means "wrong because it is prohibited" This term is called ___?

MALA PROHIBITA

10

This is a Latin term used to describe the state of mind of a criminal. Literally means "guilty mind", and is called ___?

MENS REA

11

The lesser of two types of crimes. These are less serious than felonies. These are generally punishable by nor more than one year in prison. This is called ___?

MISDEMEANOR

12

A courts ability to exercise poser over a defendant is called ___?

PERSONAL JURISDICTION

13

Oral defanation is called ___?

SLANDER

14

Unsolicited email, this is usually advertising or promotional email and is called ___?

SPAM

15

The time period stated by law during which a plaintiff must take legal action against a wrongdoer. If a plaintiff does not take legal action within the stated time, the are forever barred from bringing that action in the future. This is called ___?

STATUTE OF LIMITATIONS

16

The power of a court to decide certain types of cases is called ___?

SUBJECT MATTER JURISDICTION

17

A person who commits a tort is called ___?

TORTFEASOR

18

1. Only the federal government prosecutes felonies.
TRUE OR FALSE

FALSE

19

2. Provide a brief definition of "crime".

Crimes are
"wrong doings against society"

20

3. What is MALA IN SE?

1. Conduct that a society declares is inherently wrong
2. Conduct that society prohibits
3. A person's criminal intent
4. A criminal act
5. None of the above

Conduct that a society declares is inherently wrong

21

4. What element(s) must a government prove to show a crime has been committed?

1. Mens rea
2. Mala prohibita
3. Actus rea
4. 1 & 2 only
5. 1 & 3 only

Mens rea

Actus rea

22

5. What type of jurisdictional issue is a concern in a cybercrime case?

1. Original jurisdiction
2. Subject matter jurisdiction
3. Personal jurisdiction
4. Appellate jurisdiction
5. None of the above

Personal jurisdiction

23

6. The ____ guarantees a defendant the right to a speedy trial.

The Sixth (6th) Amendment to the US Constitution

24

7. The Computer Fraud and Abuse Act applies to any unauthorized access of a computer.
TRUE OR FALSE

FALSE

25

8. Which federal laws can be used to prosecute phishing scams?

1. The Computer Fraud and Abuse Act
2. The Patriot Act
3. The CAN-SPAM Act
4. All the above
5. 1 & 3 only

The Computer Fraud and Abuse Act

The CAN-SPAM Act

26

9. Cybertorts are most likely which type of tort?

1. Intentional Torts
2. Negligent torts
3. Strict liability torts
4. Crimes
5. None of the above

Intentional Torts

27

10. To prove an intentional infliction of emotional distress tort, a plaintiff must show that the defendant's conduct is ___.

Extreme and outrageous

28

11. Internet service providers often have tort immunity for the actions of content providers.
TRUE OR FALSE

TRUE

29

12. What is the time period during which a plaintiff must begin their lawsuit?

1. Statute of frauds
2. Statute on liability
3. Statute of limitations
4. Pleadings statute
5. None of the above

Statute of limitations

30

13. What is a defense to a defamation case?

1. Comparative negligence
2. Contributory negligence
3. Assumption of risk
4. The truth
5. None of the above

The truth