Business Law 255

Front 1

a person charged with a crime is "presumed ____________ until proven ____________"

Back 1

innocent; guilty

Front 2

on the government to prove that the accused is guilty of the crime charged

Back 2

burden of proof

Front 3

the accused must be found guilty "beyond...?"

Back 3

a reasonable doubt

Front 4

any act done by an individual in violation of those duties that he or she owes to society and for the breach of which the law provides that the wrongdoer shall make amends to the public

Back 4

crime

Front 5

what are the primary source of criminal law?

Back 5

statutes

Front 6

a collection of criminal statutes that define in detail the activities considered to be crimes within their jurisdiction and the penalties that will be imposed for their commision

Back 6

penal codes

Front 7

in a criminal lawsuit, who is the plaintiff?

Back 7

the government (not a private party)

Front 8

What does mala in se mean?

Back 8

inherently evil (felonies)

Front 9

What does mala prohibita mean?

Back 9

the crimes are not inherently evil but are prohibited by society

Front 10

What 2 elements must be proven for a person to be found guilty of most crimes?

Back 10

1)criminal act 2)criminal intent

Front 11

"guilty act" - the actual performance of the criminal act
ex:killing someone w/o legal jurisdiction

Back 11

actus reus

Front 12

"evil intent" - the possession of the requisite state of mind to commit a prohibited act

Back 12

mens rea

Front 13

the criminal does not have the money to pay a civil judgment

Back 13

judgment proof

Front 14

the substantial likelihood that the person either committed or is about to commit a crime

Back 14

probable cause

Front 15

a document for a person's detainment, based on a showing of probable cause that the person committed the crime

Back 15

arrest warrant

Front 16

How long do grand jurors usually sit? and how many are there?

Back 16

a fixed time, such as 1 year; 6 - 24

Front 17

the charge of having committed a crime (usually a felony) based on the judgment of a grand jury

Back 17

indictment

Front 18

the charge of having committed a crime (usually a lesser crime) based on the judgment of a judge; they are filed by the D.A.'s office

Back 18

information

Front 19

a hearing during whcih the accused is brought before a court and is 1) informed of the charges against him and 2)asked to enter a plea

Back 19

arraignment

Front 20

the plea that means that the accused agrees to the imposition of a penalty but does not admit guilt; cant be used as evidence of liability against the accused at a subsequent civil trial

Back 20

nolo contendre

Front 21

a situation in which the accused admits to a lesser crime than charged; in return, the government agrees to impose a lesser sentence than might have been attained had the case gone to trial

Back 21

plea bargain

Front 22

the process by which criminals convert tainted proceeds into apparently legitimate funds or property
ex: the purchase of an automobile with funds robbed from the bank

Back 22

money laundering

Front 23

the taking of personal property from another person by the use of fear or force

Back 23

robbery

Front 24

the "breaking and entering a dwelling at night" with the intent to commit a felony

Back 24

burglary

Front 25

the wrongful and fraudulent taking of another person's property

Back 25

larceny

Front 26

crimes that usually involve cunning and deceit rather than force

Back 26

white collar crimes

Front 27

what is the maximum penalty for mail, wire, and internet fraud?

Back 27

20 years in prison

Front 28

an act that criminalizes identity fraud, making it a federal felony punishable with prison sentences ranging from 3 to 25 years

Back 28

identity theft and assumption deterrence act of 1998

Front 29

what is the most prevalent form of business crime?

Back 29

bribery

Front 30

crimes that include incomplete crimes and crimes committed by nonparticipants

Back 30

inchoate crimes

Front 31

to be liable for a criminal conspiracy, what must be taken to further the crime?

Back 31

an overt act

Front 32

rendering support, assistance, or encouragement ot the commission of a crime; harboring a criminal after he or she has committed a crim

Back 32

aiding and abetting the commission of a crime

Front 33

protects persons and corporations from overzealous investigative activities by the government

Back 33

the 14th amendment

Front 34

when are warrantless searches permitted?

Back 34

1)incident to arrest 2) where evidence is in "plain view" 3)where it is likely that evidence will be destroyed

Front 35

a rule that says that evidence obtained from an unreasonable search and seizure can generally be prohibited from intorduction at a trial or administrative proceeding against the person searched

Back 35

exclusionary rule

Front 36

the exception the exclusionary rule that allows evidence otherwise obtained illegally to be introduced as evidence against the accused if the police officers who conducted the unreasonable search reasonable believed that they were acting pursuant to a lawful search warrant

Back 36

good faith exception

Front 37

you have the right to remain silent; anything yous ay can and will be used against you; you have the right to consult a lawyer, and to have one present with you during interrogation; if you cant afford one, you will be appointed one free of charge

Back 37

miranda rights

Front 38

awarded to punish the defendant, may be recovered in intentional tort and strict liability cases

Back 38

punitive damages

Front 39

1)the threat of immediate harm or offensive contact or 2) any action that arouses reasonable apprehension of imminent harm; actual physical contact is unnecessary

Back 39

assault

Front 40

unauthorized and harmful or offensive physical contact with another person; direct physical contact is not necessary

Back 40

battery

Front 41

is applied when a person acts with the intent to injure one person but actually injures another

Back 41

doctrine of transferred intent

Front 42

allow merchants to stop, detain, and investigate suspected shoplifters without being held liable for false imprisonment if 1)there is reasonable grounds for the suspicion 2)suspects are detained for only a reasonable time, and 3)investigations are conducted in a reasonable manner

Back 42

merchant protection statutes (shopkeeper's privilege)

Front 43

false statements made by one person about another; in court, must prove 1)the defendant made an untrue statement of fact about the plaintiff and 2)the statement was intentionally or accidentally published to a third party

Back 43

defamation of character

Front 44

oral defamatory statement

Back 44

slander

Front 45

the U.S.supreme court held that public officials cant recover for defamation unless they can prove that the defendant acted with "actual malice"; what case said this?

Back 45

new york times co. v. sullivan

Front 46

means that the defendant made the false statement knowingly or with reckless disregard of its falsity

Back 46

actual malice

Front 47

a tort that says that a person whose extreme and outrageous conduct intentionally or recklessly causes severe emotional distress to another person is liable for that emotional distress; also known as the tort of outrage

Back 47

intentional infliction of emotional distress

Front 48

a person is liable for harm that is the FORSEEABLE CONSEQUENCE of his or her actions; "the omission to do something which a reasonable man would do, or doing something which a prudent and reasonable man would not do"; unintentional tort

Back 48

negligence

Front 49

what 4 things must a plaintiff prove in order to be successful in a negligence lawsuit?

Back 49

1)the defendant owed a duty of care to the plaintiff 2)the defendant breached this duty of care 3)the plaintiff suffered injury and 4)the defendant's negligent act caused the plaintiff's injury

Front 50

the obligation that we all owe each other not to cause any unreasonable harm or risk of harm

Back 50

duty of care

Front 51

a failure to exercise care or to act as a reasonable person would act

Back 51

breach of the duty of care

Front 52

a tort that permits a person to recover for emotional distress caused by the defendents negligent conduct; to be successful, the plaintiff must prove 1)a relative was killed or injured by the defendant 2)the plaintiff suffered severe emotional distress and 3)the plaintiff's mental distress resulted from a sensory and contemporaneous observance of the accident

Back 52

negligent infliction of emotional distress

Front 53

a tort in which the violation of a statute or an ordinance constitutes the breach of the duty of care; plaintiff must prove 1)a statute existed 2)the statute was enacted to prevent the type of injury suffered and 3)the plaintiff was within a class of persons meant to be protected by the statute

Back 53

negligence per se

Front 54

a tort in which the presumption of negligence arises because 1)the defendant was in exclusive control of the situation and 2)the plaintiff would not have suffered injury but for someone's negligence; the burden switches to the defendant to prove that he or she was not negligent

Back 54

res ipsa loquitur