Business Law-9

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actus reus

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a guilty act. Th 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

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beyond reasonable doubt

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the standard used to determine the guilt or innocence of a person criminally charged. To be guilty of a crime, one must be proved guilty "beyond and to the exclusion of every reasonable doubt." A reasonable doubt is one that would cause a prudent person to hesitate before acting in matters important to him/her

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burglary

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the unlawful entry into a building with the intent to commit a felony.

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computer crime

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

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consent

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voluntary agreement to a proposition or an act of another. a concurrence of wills

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crime

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a wrong against society proclaimed in a statute and, if committed, punishable by society through fines and/or imprisonment--and in some cases, death

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cyber crime

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

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cyberstalker

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a person who commits the crime of stalking in cyberspace. Generally, stalking consists of harassing a person and putting that person in reasonable fear for his/ her safety or the safety of the person's immediate family

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cyberterrorist

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a hacker whose 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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double jeopardy

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a situation occurring when a person is tried twice for the same criminal offense; prohibited by the 5th amendment to the constitution

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duress

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

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embezzlement

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

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entrapment

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in criminal law, a defense in which the defendant claims that he/she was induced by a public official-usually an undercover agent- to commit a crime that he or she would otherwise not have committed.

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exclusionary rule

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in criminal procedure, a rule under which any evidence that is obtained in violation of the accused's constitutional rights guaranteed by the 4th, 5th, & 6th amendments, as well as any evidence derived from illegally obtained evidence will not be admissable in court

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felony

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a crime-such as arson, murder, rape, 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

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forgery

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

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grand jury

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a group of citizen's called to decide after hearing states evidence whether a reasonable basis exists for believing that a crime has been committed and whether a trial ought to be held

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hacker

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

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identity theft

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the act of stealing another's identifying information-such as a name, date of birth, or Social security number-and using that information to access the victim's financial resources

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indictment

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a charge by a grand jury that a reasonable basis exists for believing that a crime has been committed and that a trial should be held

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information

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a formal accusation or complaint(without an indictment) issued in certain types of actions by a law officer

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larceny

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the wrongful taking and carrying away of another person's personal property with the intent to permanently deprive the owner of the property. Some states classify larceny as either grand or petit, depending on the property's value

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mens rea

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mental state, or intent. The intent to take a life, the intent to take one's property

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misdemeanor

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

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money laundering

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falsely reporting income that has been obtained through criminal activity as income obtained through a legitimate business enterprise-in effect, "laundering" the "dirty money"

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necessity

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

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petty offense

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

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plea bargaining

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process by whichthe defendant and the prosecutor work out a mutually satisfactory disposition of the case, subject to court approval

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robbery

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the act of forcefully and unlawfully taking personal property from another

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self-defense

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legal privelage to protect one's self or property against injury from another

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white collar crime

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