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Test 1
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25
Law
Undergraduate 2
02/21/2009

Additional Law Flashcards

 


 

Cards

Term

Crime

Definition

Violation of the law that is punished as an offense against the state or government

"Criminal state and an act or omission"

Term
Misdemeaner
Definition
Criminal offense with a sentence of less than 1 year in prison that is neither treason nor a felony
Term
felony
Definition
criminal offense that is punished by confinement in prison for more than 1 year or death. is a felony
Term
Corp Liability
Definition
Corps are responsible for the acts or lack there of of their employees
Term

Business crimes

vs

Non-bus crimes

Definition
business crimes punish more people at the same time. Non-bus crimes only punish those involved
Term
Forfeiture
Definition
confiscation of money, property, cars involved in crime.
Term
Federal Sentencing Guidelines
Definition
federal standards used by judges in determining mandatory sentence terms for those convicted of fed crimes. (security fraud, antitrust violations, racketeering, embezzlement, medicare fraud)
Term
White- Collar Crime Penalty Enhancement Act of 2002
Definition
made punishments more serious: higher fines, longer sentences for executives and companies
Term
Who is a penalty paid out to?
Definition

to the government. victim of a cime does not benefit from the criminal prosecution and conviction fo the wrongdoer. BUT a court may order restitution to be paid to victim

Term

White- collar crimes

Definition
business crimes. committed without physical threats or acts
Term
White collar crime exapmles
Definition
conspiracies; crimes related to production, competition and marketing; money laundering; racketeering; bribery; commercial bribery; extortion and blackmail; corrupt influence; forgety; perjury; false claims and pretenses; bad checks; credit card crimes; embezzlement; obstruction of justice; corporate fraud; common law crimes
Term
Conspiracy
Definition
agreement between two or more persons to commit an unlawful act or to use unlawful means to achieve an otherwise lawful result
Term

Money laudering

Definition
cleaning out money that was obtained illegaly or with illegal means
Term

Racheteer Influenced and Corrupt Organizations Act

RICO

Definition
federal law, initially targetting organized crime, that has expanded in scope and provides penalties and civil recovery for multiple criminal offenses, or a patter of racketeering
Term

Bribery and commercial bribery

Definition

act of giving money, property, or any benefit to a particular person to influence judgement in favor or giver.

Term

Extortion

vs

Blackmail

Definition

illegal demand by a public officer acting with apparent authority

vs

a nonpublic authority extortion

Term
Counterfeiting
Definition
making a document or money that looks to be genuin but is not legal
Term
Perjery
Definition
giving false testimony
Term
False claims and pretenses
Definition

1. false claims

2. obtaining goods by false pretenses

3. unauthorized use of auto teller machine

4. false info submited to banks

Term
Embezzlement
Definition
statutory offense consisting of the unlawful conversion of property entrusted to the wrongdoes
Term
Common law crimes
Definition

involve force or the threat of force or cause injury or damage to property

1) larceny

2) robbery

3) burglary

4) arson

5) riots and civil disorders

Term
Larceny
Definition
fraudulent or wrongful taking of the personal property with fraudulent intent
Term
Robbery
Definition
taking item from victum by use of force or fear
Term

Arson

Definition
willful and malicious burning or anothers property
Term

4th 5th 6th Amendments

Due process

Definition

privacy protection; protection against self-incrimination; speedy trial

the right to be heard, question witness and present evidence

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