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Business Law
Business Law Exam 1
31
Law
Undergraduate 2
09/19/2012

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Cards

Term
Felony
Definition
A serious crime!
Term
Misdemeanor
Definition
A less serious crime lower degree number os more severe
Term
A Capital felony (highest punishment level)
Definition
Death penalty
Term
Actus Reus
Definition
A wrongful or prohibited act (battery homicide)
Term
Mens Rea
Definition
criminal intent or mental fault
Term
Vicarious Liability
Definition
liability imposed for acts of employees if the employer directed, participated in, or approved of the the acts.
Term
Liability of a Corporation
Definition
under certain circumstances a corporation may be convicted of crimes and punished by fines
Term
Larceny
Definition
non-consentual taking and carrying away of personal property of another with the intent to deprive the victim permanently of the property.
Term
Embezzlement
Definition
taking of another's property by a person who was in lawful possession of the property
Term
False Pretenses
Definition
obtaining title to property of another by means of representation one knows to be materially false; made with intent to defraud
Term
Robbery
Definition
committing larceny with the use or threat of force
Term
Burglary
Definition
under most modern statues, an entry into a building with the intent to commit a felony
Term
Extortion
Definition
making unlawful threats to obtain money or property
Term
Bribery
Definition
offering money or property to a public official to influence the official's decision
Term
Forgery
Definition
intentional falsification of a document to defraud
Term
Bad checks
Definition
knowingly issuing a check without funds sufficient to cover the check
Term
Defense of Person or Property
Definition
individuals may use use reasonable force to protect themselves, other individuals, and their property
Term
Duress
Definition
coercion by threat of serious bodily harm;a defense to criminal conduct other than murder
Term
Mistake of Fact
Definition
honest and reasonable belief that conduct is not criminal (intent crimes only)
Term
Fourth Amendment
Definition
protects individuals against unreasonable searches and seizures
Term
Fifth Amendment
Definition
protects persons against self-incrimination (miranda rights), double jeopardy, and being charged with a capital crime except by grand jury indictment. Requires due process
Term
Sixth Amendment
Definition
provvides the accused with the right to a speedy and public trial, the opportunity to confront witnesses, process for obtaining witnesses, and the right to counsel
Term
eighth Amendment
Definition
prohibits excessive bail, and excessive fines or cruel and unusual punishments
Term
Tort
Definition
from the latin meaning twisted, it is an action that is wrongful under civil law
Term
Intentional Tort
Definition
A tort in which the wrongful action was undertaken deliberately with the intention to cause the specific act to occur or was taken knowing that it would occur
Term
Assault
Definition
intentional infliction od apprehensive of immediate bodily harm or offensive contact.
Term
Battery
Definition
intentional infliction of harmful or offensive bodily contact
Term
False imprisonment
Definition
intentional and unreasonable confining of a person against her will
Term
Infliction of Emotional Distress
Definition
extreme and outrageous conduct causing severe emotional distress
Term
Defamation
Definition
false communication that injures person's reputation
Term
Libel
Definition
written or electronically transmitted defamation
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