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68 Cards in this Set

  • Front
  • Back
A punishable offense against society
Crime
To know the law and to conform his/her conduct to the law's requirements
Duty
The specific conduct of the defendant that violates the statute
Breach of duty/Criminal Act
The taking of another's property or money by a person to whom it has been entrusted
Embezzlements
A crime for a minor
Juvenile delinquency
A crime punishable by more than one year in jail, fine of more the $1000, or both
Felony
lying under oath
perjury
A crime punishable by up to one year in jail, a fine of less the $1000 or both
misdemeanor
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
White-collar crimes
laws that prohibit competing companies from price fixing or dividing up sales regions
antitrust laws
Wrongful taking of another's property with the intent to deny them possesion
Larceny
The taking of something w/o causing fear
Theft
Wrongful taking of another's property from their person or presence by threat of force of violence
robbery
Entering a building w/o permission when intending to commit a crime
Burglary
One who receives stolen property
Fence
obtaining property by lying about a past or existing fact
false pretenses
falsely making or materially altering a writing to defraud another
Forgery
Offering or giving something of value to improperly effect performance of another party
Bribery
The prohibition of bribery in foreign countries by US companies
The Federal Foreign Corrupt Practices ct (FFCP)
Targets specifically on computer-related crimes
Federal Computer Fraud and Abuse Act
Agreement between two or more persons to commit a crime
Conspiracy
Improperly obtaining money or other things of value by use of force, fear, or the power of office
Extortion
Willful and illegal burning of a building
Arson
A reasonable ground for belief
Probable cause
At criminal law, a legal position that allows the defendant to escape criminal liability
Defense
Defense based on problems with the way evidence is obtained or the way the accused person is arrested, questioned, tried, or punished
Procedural defense
Defenses that disprove, justify, or otherwise excuse the alleged crime
Substantive defense
Use of force that appears reasonably necessary for the self-protection of an intended victim
Self-defense
Defense based on the accused's inability to know right from wrong
criminal insanity
Freedom from prosecution for a crime
Immunity
Action that hinders the administration of justice in court
Contempt of court
Penalty provided by law and imposed by a court
punishment
Agreement with prosecutor allowing defendant to plead guilty to a lesser crime that the more serious one he/she likely would be charged with
Plea bargaining
Private or civil wrong for which the law grants a remedy
Tort
Tort in which the dependent means to commit the injurious act
intentional torts
most common tort based on carelessness
negligence
Legally recognizable cause of harm
proximate cause
Legal doctrine by which one party is held liable for the torts of another
vicarious liability
Tort in which the defendant means to commit the injurious act
Intentional torts
Intentional threat to physically or offensively injure another
assault
Harmful or offensive touching
battery
Depriving a person of freedom of movement without consent and without privilege
false imprisonment
False statement that injures one's reputation
defamation
defamation when spoken
slander
defamation when written or printed
libel
Unwelcome and unlawful intrusion into one's private life so as to cause outrage, mental suffering, or humiliation
invasion of privacy
To be on the land of another w/o right or permission of the owner
trespass to land
Using property in a manner inconsistent with owner's rights
conversion
Enticing or encouraging a person to break a contract
interference with contractual relations
intentional misrepresentation of an existing, important fact
fraud
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
contributory negligence
When a plaintiff in a negligence action is partially at fault
comparative negligence
Person is aware of a danger on the job but agrees to do it anyway
Assumption of the risk
Holding a defendant liable w/o a showing of negligence
strict liability
Court order for a person to do or not do a particular act
injunction
Monetary award to compensate for the loss caused by a tort
Damages
Amount of money awarded to compensate for a plaintiff's loss
actual/compensatory damages
Party that initiates a civil lawsuit by filing a complaint
plaintiff
Party complained against in a civil or criminal lawsuit
defendant
Lawyers at times handle a civil lawsuit for a percentage of the recovery
contingency fee
Materials presented to prove or disprove alleged facts
evidence
Statements by witness under oath
testimony
Individual with personal knowledge of important facts
witness
he/she possesses superior knowledge about important facts
expert business
Written court order compelling a person to appear and testify
subpoena
Jury's decision in a case
verdict
Final result of a trial
judgment
The process by which a judgment for money is enforced
writ of execution