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Business Law - Chapter 10
Final
31
Law
Undergraduate 1
05/14/2013

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Term
Criminal law
Definition
is concerned with wrongs committed against the public as a whole
ex. arson; burglary; murder
Term
Criminal cases
Definition
are prosecuted by the government
Term
Burden of Proof
Definition
Beyond a reasonable doubt
Term
Mens Rea
Definition
“guilty mind” in Latin
This is the wrongful mind, sometimes referred to as “culpability”
Term
Actus Reaus
Definition
“guilty act” in Latin
This is the wrongful act (burglary)
Term
General categories of mens rea
Definition
1. Knowingly
2. Purposely
3. Recklessly
4. Negligently
Term
Purposely
Definition
if his conscious object is to engage in the prohibited conduct or to cause the prohibited result.
----he wants to do it---
Term
Knowingly
Definition
if he is aware that his conduct is prohibited or that a prohibited consequence is practically certain to result.
--aware what he is doing is wrong and there is a consequence--
Term
Recklessly
Definition
if he consciously disregards a substantial and unjustifiable risk that his conduct is prohibited or that it will cause the prohibited result.
--doesn't care what he is doing is wrong--
Term
Negligently
Definition
if he should be aware of a substantial and unjustifiable risk that his conduct is prohibited or that it will cause the prohibited result.
----aware what he is doing is wrong--
Term
Classifications of Crimes
Definition
1. Felonies
2. Misdemeanors
3. Violations
Term
Felonies
Definition
More serious crimes.
Punishable by death or imprisonment of a year or more
Term
Misdemeanors
Definition
Less serious crimes.
Punishable by fines or imprisonment of less than a year
Term
Violations
Definition
Not considered crimes
Sometimes called “petty offenses”
Punishable by fines
Term
Accomplice Liability
Definition
Concept of imposing legal responsibility upon a person who solicits another person in committing a crime, or aids such other person in planning or committing a crime

Sometimes referred to as “aiding and abetting” a crime

ex. “lookout” or “getaway driver”
Term
Vicarious Liability
Definition
Concept of imposing legal responsibility upon a person for another person’s act

Usually not in criminal law. usually in civil law.
Term
Managerial Liability
Definition
Concept of imposing legal responsibility upon a manager of a business entity for his own act or another person’s act

more typically arises in the civil law
Term
Corporate Liability
Definition
Concept of imposing legal responsibility upon a corporation for another person’s act
Term
White Collar Crime
Definition
not a specific crime It’s a generic term for a type of crime.

Think of it as nonviolent “paperwork” crime, rather than “street” crime, which is often violent.

It usually involves deceit, concealment, or violation of trust
Term
Cybercrime
Definition
Generally refers crime that uses or targets computers or computer networks
Term
Larceny
Definition
This is an unauthorized taking and carrying away of a victim’s property with the intent to deprive the victim permanently of the property

ex. picking pockets
Term
Embezzlement
Definition
the criminal is entrusted with the property and appropriates it

Ex. taking money out of the register for yourself
Term
False pretenses
Definition
This is obtaining goods or services by means of a materially false representation

ex. Can be the same as issuing a bad check
((buying groceries with a check, knowing that there are insufficient funds in the account to cover it))
Term
Robbery
Definition
when the criminal uses force or fear to take the property from the victim

((gun to head))
Term
Burglary
Definition
This is entering into a building with the intent to commit a felony
Term
Extortion
Definition
This is also called blackmail
This is making threats for the purpose of obtaining money or property
Term
Bribery
Definition
This is offering money or property to a public official in order to influence that official’s decision
Term
Forgery
Definition
This is falsifying a document with the intent to defraud
Term
Defenses to Crimes
Definition
1. Person or Property
2. Consent
3. Duress
4. Entrapment
5. Ignorance or Mistake
6. Intoxication
Term
federal crimes
Definition
United States Attorney’s office for __ crimes
Term
state crimes
Definition
Attorney General’s office or District Attorney’s office for ____ crimes
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