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68 Cards in this Set
- Front
- Back
A punishable offense against society
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Crime
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To know the law and to conform his/her conduct to the law's requirements
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Duty
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The specific conduct of the defendant that violates the statute
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Breach of duty/Criminal Act
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The taking of another's property or money by a person to whom it has been entrusted
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Embezzlements
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A crime for a minor
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Juvenile delinquency
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A crime punishable by more than one year in jail, fine of more the $1000, or both
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Felony
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lying under oath
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perjury
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A crime punishable by up to one year in jail, a fine of less the $1000 or both
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misdemeanor
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Crime typically committed in the workplace that does not involve violence or force nor does it cause injury to people or physical damage to property
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White-collar crimes
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laws that prohibit competing companies from price fixing or dividing up sales regions
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antitrust laws
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Wrongful taking of another's property with the intent to deny them possesion
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Larceny
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The taking of something w/o causing fear
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Theft
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Wrongful taking of another's property from their person or presence by threat of force of violence
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robbery
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Entering a building w/o permission when intending to commit a crime
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Burglary
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One who receives stolen property
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Fence
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obtaining property by lying about a past or existing fact
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false pretenses
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falsely making or materially altering a writing to defraud another
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Forgery
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Offering or giving something of value to improperly effect performance of another party
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Bribery
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The prohibition of bribery in foreign countries by US companies
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The Federal Foreign Corrupt Practices ct (FFCP)
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Targets specifically on computer-related crimes
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Federal Computer Fraud and Abuse Act
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Agreement between two or more persons to commit a crime
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Conspiracy
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Improperly obtaining money or other things of value by use of force, fear, or the power of office
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Extortion
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Willful and illegal burning of a building
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Arson
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A reasonable ground for belief
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Probable cause
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At criminal law, a legal position that allows the defendant to escape criminal liability
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Defense
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Defense based on problems with the way evidence is obtained or the way the accused person is arrested, questioned, tried, or punished
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Procedural defense
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Defenses that disprove, justify, or otherwise excuse the alleged crime
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Substantive defense
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Use of force that appears reasonably necessary for the self-protection of an intended victim
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Self-defense
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Defense based on the accused's inability to know right from wrong
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criminal insanity
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Freedom from prosecution for a crime
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Immunity
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Action that hinders the administration of justice in court
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Contempt of court
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Penalty provided by law and imposed by a court
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punishment
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Agreement with prosecutor allowing defendant to plead guilty to a lesser crime that the more serious one he/she likely would be charged with
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Plea bargaining
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Private or civil wrong for which the law grants a remedy
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Tort
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Tort in which the dependent means to commit the injurious act
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intentional torts
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most common tort based on carelessness
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negligence
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Legally recognizable cause of harm
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proximate cause
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Legal doctrine by which one party is held liable for the torts of another
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vicarious liability
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Tort in which the defendant means to commit the injurious act
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Intentional torts
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Intentional threat to physically or offensively injure another
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assault
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Harmful or offensive touching
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battery
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Depriving a person of freedom of movement without consent and without privilege
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false imprisonment
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False statement that injures one's reputation
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defamation
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defamation when spoken
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slander
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defamation when written or printed
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libel
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Unwelcome and unlawful intrusion into one's private life so as to cause outrage, mental suffering, or humiliation
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invasion of privacy
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To be on the land of another w/o right or permission of the owner
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trespass to land
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Using property in a manner inconsistent with owner's rights
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conversion
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Enticing or encouraging a person to break a contract
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interference with contractual relations
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intentional misrepresentation of an existing, important fact
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fraud
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In personal injury law, plaintiff's own negligence is a partial cause of an injury; in employment law, employee does something carelessly to contribute to their or his injury or death
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contributory negligence
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When a plaintiff in a negligence action is partially at fault
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comparative negligence
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Person is aware of a danger on the job but agrees to do it anyway
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Assumption of the risk
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Holding a defendant liable w/o a showing of negligence
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strict liability
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Court order for a person to do or not do a particular act
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injunction
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Monetary award to compensate for the loss caused by a tort
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Damages
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Amount of money awarded to compensate for a plaintiff's loss
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actual/compensatory damages
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Party that initiates a civil lawsuit by filing a complaint
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plaintiff
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Party complained against in a civil or criminal lawsuit
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defendant
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Lawyers at times handle a civil lawsuit for a percentage of the recovery
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contingency fee
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Materials presented to prove or disprove alleged facts
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evidence
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Statements by witness under oath
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testimony
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Individual with personal knowledge of important facts
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witness
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he/she possesses superior knowledge about important facts
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expert business
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Written court order compelling a person to appear and testify
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subpoena
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Jury's decision in a case
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verdict
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Final result of a trial
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judgment
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The process by which a judgment for money is enforced
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writ of execution
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