Commercial Law: Chapter 7

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Actus Reus

Back 1

A prohibited or guilty act

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Arson

Back 2

The willful and malicious burning of a building owned by another.

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Beyond a reasonable doubt

Back 3

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 or her.

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burglary

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The unlawful entry into a building with the intent to commit a felony. (Some state statutes expand this to include the intent to commit any crime)

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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

Back 6

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 statue 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 or her safety or the safety of that person's immediate family.

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Cyberterorrist

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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 Fifth 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 or she was induced by a public official - usually an undercover agent or police officer - 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 Fourth, Fifth, and Sixth Amendments, as well as any evidence derived from illegally obtained evidence, will not be admissible in court.

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Felony

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A crime - such as arson, murder, rape, or 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 writing in a way that changes the legal rights and liabilities of another.

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Grand Jury

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A group of citizens called to decide, after hearing the state's evidence, whether a reasonable basis (probable cause) 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 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 named person has committed a crime.

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Information

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A formal accusation or complaint (without an indictment) issued in certain types of actions (usually criminal actions involving lesser crimes) by a law officer, such as a magistrate.

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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

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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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In criminal law, a defense against liability; under Section 3.02 of the Model Penal Code, this defense is jutifiable if "the harm or evil sought to be avoided" by a 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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The process by which a criminal defendant and the prosecutor in a criminal case work out a mutually satisfactory disposition of the case, subject to court approval; usually involves the defendant's pleading guilty to a lesser offense in return for a lighter sentence.

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Robbery

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The act of forcefully and unlawfully taking personal property of any value from another; force or intimidation is usually necessary for an act of theft to be considered a robbery.

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Self-defense

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The legally recognized privilege to protect one's self or property against injury by another. THe privilege of self-defense protects only acts that are reasonably necessary to protect one's self or property.

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White-Collar Crime

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Nonviolent crime committed by individuals or corporations to obtain a personal or business advantage.