Business Law 206 Review - Chapter 7

strict-liability offense

An offense for which no mens rea is required.

Insanity

if their mental condition when the crime was committed was so impaired that they could not (1) understand the wrongful nature of the act or (2) distinguish between right and wrong in a general sense.

Felonies

include serious crimes, such as murder, that are punishable by imprisonment for more than one year or death

Robbery

the forceful and unlawful taking of personal property.

Burgulary

when someone unlawfully enters a building with the intent to commit a felony.

Petty offenses

usually punishable by a jail sentence of less than six months or a small fine.

Indictment

(1) Issued for a felony charge (2) Issued by the grand jury based presentation of evidence by the prosecutor

Information

(1) Presented to the magistrate by the prosecutor, stating the relevant facts and legal violation

Cramming

A scheme in which companies bill consumers for optional services they did not order

scienter

Criminal Fraud requires an intent to deceive, which is also know as

Determinate

In the federal court system, sentencing is ___ -- that is judges are provided a specific range of penalties for a particular crime

Actus reus

Guilty Act

mens rea

Guilty Mind

Society

In a criminal trial who is viewed as the victim?

False Pretenses

Obtaining another's property by false representation is known as __

Petit Jury

The advantage of a nolo contendere plea over a plea of guilty is that the former cannot be used against the defendant in a civil suit. If the defendant pleads not guilty, his case will be heard before a ____

immediate and inescapable

The affirmative action defense of duress raised in a criminal trial will be successful if the defendant claims that he acted under threat of serious physical harm and that threat was ___

Arraignment

The defendant appears in court to answer the indictment in an appearance

Prosecution, Defendant, Court

The plea bargain mechanism is generally considered to benefit the

burden of proof

To convict a defendant, the duty of the plaintiff or prosecution to establish a claim or allegation by admissible evidence and to prove to the jury or court, beyond any reasonable doubt, that the defendant committed all the essential elements of the crime.

1) Wrongful Behavior 2) Wrongful State of Mind

To punish an individual for criminal behavior, the government must demonstrate the two elements of a crime

Indictment

a written accusation against the defendant.

plea bargain

an agreement in which the prosecutor agrees to reduce charges, drop charges, or recommend a certain sentence if the defendant pleads guilty.

Entrapment

defense applies if the idea for a crime originated with a police officer or some other government official who suggested it to the defendant, who would not otherwise have committed the crime.

Mistake of Fact

defense tries to prove the defendant made an honest and reasonable mistake that negates the guilty-mind element of a crime. Proving that a mistake of fact was reasonable, however, is often difficult.

Misdemenors

less serious crimes punishable by fines or imprisonment for less than a year

Larceny

the secretive and wrongful taking and carrying away of the personal property of another with the intent to permanently deprive the rightful owner of its use or possession.