Business Law Chapter 5

Front 1

Definition of a crime

Back 1

is an offense against the public at large. A crime threatens the peace, safety and well being of the entire community.

Front 2

Person accused of a crime is called

Back 2

Defendant

Front 3

Primary objective of criminal law are

Back 3

to protect the public at large, to preserve harmony and stability within a society and to discourage future disruptive conduct.

Front 4

What is a felony

Back 4

is a crime punishable by death or imprisonment in a federal or state prison for a term exceeding one year. Some are punishable by fines

Front 5

What Misdemeanor

Back 5

Is a less serious crime, generally punishable by a prison sentence of not more than one year. Disorderly conduct is included in this category

Front 6

two elements necessary to create criminal liability

Back 6

are a criminal act and the required state of mind

Front 7

Under American law, a crime cannot be committed unless

Back 7

some act has occurred.

Front 8

An individual cannot be accused of a crime for merely

Back 8

thinking of a criminal act

Front 9

omissions and refusal to act

Back 9

is failure to act or refusal to act and can be considered criminal.

Front 10

Many state criminal codes include the following four states of mind:

Back 10

-Purpose
-Knowledge
-Recklessness
-Negligence

Front 11

Individuals act with a purpose when?

Back 11

they intend to cause the result that in fact occurs.some states call this mental intent but is not premeditation!

Front 12

premeditation

Back 12

is an action from the criminal defendants "prior calculation and design"

Front 13

Knowledge is

Back 13

When people act with an awareness that a particular result will probably occur

Front 14

Recklessness involves

Back 14

a perverse disregard of a known risk of negative consequences. (eg. two drivers challenging each other to a illegal drag race)

Front 15

People act with negligence when

Back 15

They fail to see the possible negative consequences of their actions. (eg a person who clean a hunting rifle without checking to see if it is loaded

Front 16

negligence in criminal law is concerned with

Back 16

punishing the wrongdoer and protecting the public at large

Front 17

negligence in tort law is concerned with

Back 17

the compensation of accident victims

Front 18

Motive

Back 18

is the wrongdoers reason for committing the crime

Front 19

Purpose of criminal law

Back 19

is to protect the public

Front 20

crimes against people, most referred to as felonies, include:

Back 20

homicide, assault, battery, kidnapping, and hat speech.

Front 21

Homicide is

Back 21

Any killing of one human by another

Front 22

Aggravated murder, premeditated murder or first degree murder is when

Back 22

unlawful killing is done with premeditation and deliberate intent

Front 23

First degree murder consist of

Back 23

killing someone with premeditation, (thinking about it and planing the homicide in advance with prior calculation and design,) killing someone in a cruel way, with torture or killing someone while committing a major crime such as rape, robbery or kidnapping.

Front 24

What is battery

Back 24

is the unlawful touching of another person. (bumping into someone in a crowed place does not count) because it requires criminal intent or reckless behavior

Front 25

battery involves the forceful use of

Back 25

a persons hand, knife, fun, or other weapon. Battery could also be committed by giving drugs to a unsuspecting victim, spitting in someones face, siccing a dog on someone or even kissing someone who doesn't want to be kissed

Front 26

An assault is

Back 26

an attempt to commit battery. (pointing and shooting a gun at someone is assault, the bullet hitting that person is battery)

Front 27

Kidnapping is

Back 27

the unlawful abduction of an individual against that person will

Front 28

Hate Speech

Back 28

using certain symbols, writings, and speech that intend to provoke outrage or fear on the basis or race, region, color or gender.

Front 29

Crimes against property include

Back 29

Burglary, arson, robbery, larceny, and extortion

Front 30

Burglary consist of

Back 30

breaking in and committing a felony.

Front 31

Arson is

Back 31

the willful and malicious act of causing the burning of another s property

Front 32

Robbery is

Back 32

the act of taking personal property, including money form the possession of another against that persons will, in that person presence, and under threat to do great bodily harm or damages.

Front 33

Larceny is

Back 33

a person who takes and carries away the personal property of another without the right to do so (shoplifting)

Front 34

Extortion is

Back 34

taking another property with consent when consent is coerced by threat to injure the victims person, property, or reputation (also called blackmail)

Front 35

Larceny by false pretenses

Back 35

taking someones property by intentionally deceiving that person

Front 36

Embezzlement

Back 36

people who wrongfully take property entrusted to their care

Front 37

Bribery

Back 37

involves corrupt agreement induced by an offer of reward

Front 38

Forgery

Back 38

is the false making or changing in writing with the intent to defraud.

Front 39

Examples of forgery

Back 39

signing another persons name to a check or other document without authority. signing ones own name or pretending to be someone else of the same name. Creating a fake identity and signing in the fake identity's name BUT for it to be a crime there must be an intent to defraud and the item forged must have some legal effect.

Front 40

What is uttering?

Back 40

to offer a forged instrument to another person, knowing that it is forged, and intending to defraud.

Front 41

e-Crimes

Back 41

Electronic crimes involving any criminal act that includes a computer

Front 42

e-Trespass

Back 42

is gaining access to a computer with intent to commit a crime

Front 43

e-Extortion

Back 43

cyberblackmail, and is when a experienced hacker gains access to the computer recoreds of a corporation/ institution and discovers come sort of illegal, negligent, unethical or embarrassing things and threatens to expose them unless compensated $$$

Front 44

e-Stalking

Back 44

cyber stalking, a perpetrator targets vulnerable people by tracking their computer transactions, personal records, communication habits and then using that info to victimize the innocent party.

Front 45

e-Spoofing

Back 45

cyberspoofing, is when a perpetrator uses a computer to assume another compute users identity to carry out a crime

Front 46

what is phishing?

Back 46

is the criminally fraudulent process of attempting to acquire sensitive information such as user names, passwords and credit card details by masquerading as a trustworthy entity in an electronic communication. Communications purporting to be from popular social web sites, auction sites, online payment processors

Front 47

Electronic terrorism

Back 47

using a computer to disrupt or destroy one of the critical elements of the nations electronic infrastructure, (power, air traffic, control system, water and sanitation.) Can be a virus put into a critical computer system that causes the electronic infrastructure to collapse

Front 48

Identity theft

Back 48

another cybercrime that targets computers and computer information. The perpetrator steals credit card info, finical data, access codes, passwords, or debit card info. Then they pass themselves off as the victim

Front 49

Electronic vandalism

Back 49

attack a computer system so that the Web site is completely destroy or paralyzed to the extent that legitimate business can no longer be conducted on that site

Front 50

Electronic Germ Warfare

Back 50

when criminals use viruses to attract a computer system.