Business Law chapter 7

37 terms by mariolaar 

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crime

a wrong against society proclaimed in a statue and punishable by society thorough fines and/or imprisonment, or in some cases, death

preponderance of the evidence

a standard in civil law cases under which the plaintiff must convince the court that, based on the evidence presented by both parties, it is more likely than not the plaintiff's allegation is true

beyond a reasonable doubt

the standard used to determine the guilt or innocence of a person criminally charged. It is one that would cause a prudent person to hestitate efore acting in matters important to him her

felony

a crime, such as arson, murder, rape, or robbery, that carries the most severe sanctions, usually ranging from one year in a state or federal prison to the forfeiture of one's life

misdemeanors

a lesser crime than a felony, punishable by a fine or imprissonment for up to one year in other than a state or federal penitentiary

petty offenses

in criminal law, the least serious kind of criminal offense, such as a traffic or building code violation

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

mens rea

mental state or intent. a wrongful mental state is as necessary as a wrongful act to establish criminal liability. What constitutes a mental state varies according to the wrongful action. thus, for murder, the mens rea is the intent to take a life. For theft, this must involve both the knowledge that the property belongs to another and the intent to deprive the owner of it.

robbery

the act of forecfully and unlawfully taking personal property of any value from another, force or intimidation is usually necessary for an act of theft to be considered a robbery

burglary

the unlawful entry into a building with the intent to commit a felony. some expand this to include the intent to commit any crime

arson

the malicious burning of another's dwelling. some statues have expanded this to include any real property regardless of ownership and the destruction of property by other means, for example by explosion

forgery

the fraudulent making or altering of any writing in a way that changes the legal rights and liabilities of another

white collar crime

nonviolent crime committed by individuals or corporations to obtain a personal or business advantage

embezzlement

the fraudelent appropriation of money or other property by a person to whom the money or property has been entrusted

money laundering

falsely reporting income that has been obtained through criminal activity as income obtained through criminal activity as income obtained through a legitimate business enterprise. "dirty money"

self defense

the legally recognized privilee to protect one's self or property against injury by another. the privilege of self defense protects only acts that are reasonably necessary to protect one's self or property

necessity

in criminal law, a defense against liability;
this defense is justifiable is "the harm or evil sought to be avoided" by a given action "is greater than that sought to be prevented by the law defining the offense charged"

duress

unlawful pressure brought to bear on a person, causing the person to preform an act that he or she would not otherwise preform

entrapment

in criminal law, a defens ein which the defendant claims that he or she was induced by a public official, usually an undercover agent or police officer, to commit a crime that he or she would otherwise not have committed

plea bargaining

the process by which a criminal defendant and the prosecutor in a criminal case work out a mutually satisfactory disposition of the case, subject to court approval; isially involves the defendant's pleading guilty to a lesser offense in return for a lighter sentence

double jeopardy

a situation occurring whren a person is tries twice for the same criminal offfense; prohibited by the 5th ammendment to the constitution

exclusionary rule

in criminal procedure, a rule under which any evidence that is obtained in violation of the accused's constitutional rights guaranteed by the fourth, fifth,m and sixth ammendments, as well as any evidence derived from illegally obtained evidence, will not be admissible in court

indictment

a charge by a greand jury that a reasonable basis (probable cause) exsists for believeing that a crime has been committed and that a trial should be held

grand jury

a group of citizens called to decide, after hearing the state's evidence, whether a reasonable basis (probable cuase) exists for believeing that a crime has been committed and wheter a trial ought to be held

information

a formal accusation or complaint (without an indictment) issued in certian types of actions (usually criminal actions involving lesser crimes) by a law officer, such as a magistrate

computer crime

any wrongful act that is directed against computers and computer parties, or wrongful use or abuse of computers or software

cyber crime

a crime that occurs online, in the virtual community of the internet, as opposed to the physical world

cyber fraud

fraud that involves the online theft of credit card information, banking details, and other information of cirminal use

identity theft

the act of stealing anothers identifyin information, such as name, date of birht, or social security numberm and using that information to access the victims financial resources

phishing

an online fraud action that allows criminals to pretend to be legitimate companies either by using emails or malicious web sited that trick individuals and companies into providing useful information, such as bank account numbers, social security numbers,, or credit card numbers

vishing

the voice counterpart of phishing, these use an email or a notice on web site that encourage persons to make a phone call which then triggers a voice responde system that asks for valuabl personal information souch as credit card numbers

hacker

a person who uses one computer to break into another. professional computer programmers refer to such persons as "crackers"

botnets

short for robot networking, a group of computers that run an application that is controlled and manipulated only by the sofware source. although sometimes a legitimate network, usually this term is reserved for a group of computers that have been infected by malicious robot software. in a botnet, each connected computer becomes a zombie, or drone.

malware

any program that is harmful to a computer or a computer usuer

worm

a type of virus that is designes to copy itself form one computer to another without human interaction. unlike the typical virus, this can copy itself automatically and can replicate in great volume and great speed.

virus

any program transmitted between computers via the internet generally without the knowledge or consent of the recipient. viruses attempt to do deliberate damage to systems and data

cyberterrorists

a hacker whos purpose is to exploit a target computer for a serious impact, such as the corruption of a program to sabotage a business

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