BLAW EXAM #3 VOCABULARY

Crime

A wrong against society proclaimed in a statute and punishable by society through fines and/or imprisonment—or, in some cases, death.

Quasi Contract

An obligation or contract imposed by law (a court), in the absence of an agreement, to prevent the unjust enrichment of one party.

A statute that prohibits theft by means of false pretenses usually applies only to goods, not to services or cash.

False

In a criminal case, typically only three-fourths of the jurors need to agree in order to convict the defendant.

False

Malware is a hacker whose purpose is to create a serious negative impact.

False

Sid offers Tina, a city inspector, money to overlook health code violations in his restaurant. Tina accepts the money and overlooks the violations. Sid is charged with the crime of bribery. The crime occurred when

Sid offered the bribe

Past Consideration

Something given or some act done in the past, which cannot ordinarily be consideration for a later bargain.

browse-wrap terms

Terms and conditions of use that are presented to an Internet user at the time certain products, such as software, are being downloaded but that need not be agreed to (by clicking "I agree," for example) before being able to install or use the product.

Forgery (property crime)

The fraudulent making or altering of any writing in a way that changes the legal rights and liabilities of another.

Voluntary consent

The knowing and voluntary agreement to the terms of a contract. If voluntary consent is lacking, and the contract will be voidable.

petty offense

The least serious kind of criminal offense, such as a traffic or building-code violation.

violent crime

a crime that involves threat or uses force, including assault, murder, rape or robbery.

Felony

a crime, typically one involving violence, regarded as more serious than a misdemeanor, and usually punishable by imprisonment for more than one year or by death.

Property crime

crimes that did not involve violence, including burglary, larceny-theft, motor vehicle theft, and arson

Raul uses social media to post links that, when clicked, secretly install software on others' computers without the owners' knowledge Raul's software is designed to harm or disrupt the computers. This program is

malware

A speedy trial, a trial by jury, a public trial, and the right to confront witnesses are guaranteed by

6th amendment

Void Contract

A contract having no legal force or binding effect.

Unenforceable Contract

A contract in which the essential elements to create a valid contract are met but there is some legal defense to the enforcement of the contract.

objective theory of contracts

A theory under which the intent to form a contract will be judged by outward, objective facts (what the party said when entering into the contract, how the party acted or appeared, and the circumstances surrounding the transaction) as interpreted by a reasonable person, rather than by the party's own secret, subjective intentions.

Liability of Corporate Officers and Directors

Corporate directors and officers are personally liable for the crimes they commit, regardless of whether the crimes were committed for their private benefit or on the corporation's behalf.

A belief in the possibility that a person committed a crime is sufficient probable cause to support the issuance of an arrest warrant.

False

Intention of the Offer

Intention is determined by what a reasonable person in the offeree's position would conclude that the offeror's words and actions meant.

white collar crime

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

Revocation (Termination of Offer)

The withdrawal of a contract offer by the offeror.

A crime is punishable, in some cases, by death.

True

A criminal defendant has the right to confront accusers and to present his or her own witnesses.

True

Silence as Acceptance

general rule: offeree should not be legally obligated to affirmatively reject an offer

Actus Reus

guilty act

Ed works for Family Dwellings Inc., an investment firm that buys, renovates, and rents foreclosed houses. Ed steals his employer's digital files to start his own competing business, Good Homes LLC. This is

larceny

Consideration

usually is defined as the value given in return for a promise. It is often broken into two parts: 1) something of legally sufficient value must be given in exchange for the promise and 2) there must be a bargained for exchange.

Misdemeanor

A lesser crime than a felony, punishable by a fine or incarceration in jail for up to one year.

Offer

A promise or commitment to perform or refrain from performing some specified act in the future.

Counteroffers (Termination of Offer)

A rejection of the original offer and the simultaneous making of a new offer. At common law, the mirror image rule require that the offer's acceptance match the offeror's offer exactly.

Mailbox Rule

A rule providing that an acceptance of an offer becomes effective on dispatch through the mail.

Liability of the Corporate Entity

Corporations are normally held liable for the crimes committed by their agents or employees within the scope of their employment. Corporations can be criminally liable for failing to perform specific duties imposed by law.

Phishing is a distinct form of identity theft and cyber fraud.

True

Warrants are required for searches of businesses in highly regulated industries.

True

Common Law

a system of law based on precedent and customs

Rescission of Contract

The abrogation or annulling of contract; the revocation or repealing of contract by mutual consent by parties to the contract, or for cause by either party to the contract.

Strict Liability

The legal responsibility for damage or injury even if you are not negligent

Bribery (White Collar Crime)

The offering, giving, soliciting, or receiving of money or any object of value for the purpose of influencing the judgment or conduct of a person in a position of trust

Erica, a police officer, wants to search the offices of Debit & Credit, Accountants. She asks Judge Bern to issue a warrant. No warrant for a search can be issued without

probable cause

Bilateral Contract

promise for a promise

Burden of Proof: Criminal

Proof beyond a reasonable doubt. Verdict must be unanimous.

Sam, driving under the influence, causes a car accident that results in the death of Tanya. Sam is arrested and charged with a crime punishable by imprisonment for more than a year. This crime is

a felony

Quint, an employee of Reservations Inc. pays Sienna, an employee of Reservations' competitor Travel Inc., for a list of Travel's clients. This is most likely

commercial bribery

Burden of Proof: Civil

preponderance of the evidence. Verdict is by a majority.

Unilateral Contract

promise in exchange for an act

Illusory Promise

promise that imposes no obligation on the promisor

Promisee

the person to whom the promise is made (the promisee) has a right to expect or demand that something either will or will not happen in the future.

shrink-wrap agreement

the terms are expressed inside the box in which the goods are packaged

burglary (property crime)

the unlawful entry of a structure to commit a felony or theft

Preexisting Duty

promise to do what one already has a legal duty to do does not constitute legally sufficient consideration

Promissory Estoppel

the legal enforcement of an otherwise unenforceable contract due to a party's detrimental reliance on the contract

Larceny Theft (property Crime):

the unlawful taking, carrying, leading, or riding away of property from the possession or constructive possession of another

contract

a contract is formed by two or more parties who agree to perform or to refrain from performing some act now or in the future. It can be enforced in court.

Formal Contract

A contract that by law requires a specific form, such as being executed under seal, to be valid.

Option Contract (Termination of Offer)

A contract under which the offeror cannot revoke the offer for a stipulated time period (because the offer has given consideration for the offer to remain open.)

Crimes are offenses against society as a whole.

True

public order crimes

Acts, such as public drunkenness and disorderly conduct, that threaten society's well-being and make citizens fearful. prostitution; gambling; illegal drug use.

click-on agreement

An agreement that arises when an online buyer clicks on "I agree," or otherwise indicates her or his assent to be bound by the terms of an offer.

A corporation can refuse to produce business records that might subject the firm to criminal prosecution.

False

One of the purposes of criminal law is to compensate the victims.

False

e-signature

an electronic sound, symbol, or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record

Implied Contract

A contract that comes about simply from actions of the parties.

Informal Contract

A contract that does not require a specified form or formality in order to be valid.

Executed Contract

A contract that has been completely performed by both parties.

executory contract

A contract that has not yet been fully performed.

Voidable Contract

A contract that may be legally avoided at the option of one or both of the parties.

Acceptance

A voluntary act by the offeree that shows assent, or agreement, to the terms of an offer; may consist of words or conduct.

Recklessness

When a defendant consciously disregards a substantial and unjustifiable risk

Criminal Negligence

When the defendant takes an unjustified, substantial, and foreseeable risk that results in harm

Bob devises a scheme to send fraudulent e-mailed ads—claiming that an arrest warrant has been issued for non-payment of taxes—to individual taxpayers. By these false pretenses, Bob intends to obtain money and personal data. This is

wire fraud

Chuck signs Dolly's name, without her authorization, to the back of her paycheck, which was issued by Eastside Market. This is

Forgery

Termination by Operation of Law

1. lapse of time 2. destruction of the specific subject matter of the offer 3. death or incompetence of the offeror or the offeree 4. supervening illegality of the proposed contract

Mens Rea

The wrongful mental state ("guilty mind"), or intent, that is one of the key requirements to establish criminal liability for an act.

Elements needed for an offer

There must be a serious objective intention by the offeror. The terms of the offer must be reasonably certain, or definite, so that the parties and the court can be ascertain the terms of the contract. The offer must be communicated to the offeree.

Andy causes a disturbance at Brew Pub. He is arrested and charged with disorderly conduct, a crime punishable by imprisonment up to one year. This crime is

misdeamnor

Rosa, who operates a Street Tacos restaurant in her apartment, is charged with criminal violations of the local health and building codes, state license regulations, and federal environmental statutes. To obtain a conviction, the prosecution must

prove beyond a reasonable doubt that Rosa committed every essential element of an offense.

Form

the contract must be in whatever form the law requires. Some contracts must be in writing to be enforceable.

arson (property crime)

the criminal act of deliberately setting fire to property

Express Contract

A contract in which the terms of the agreement are fully and explicitly stated in words, oral or written.

Promise

A contract is based on a promise- a declaration by a person (the promisor) that binds the person to do or not to do a certain act.

Jade puts up a collection of sports memorabilia for bids on BuyBay, an Internet auction site. Khalil makes the highest bid and sends the payment, which Jade receives, but she does not send the collection. This is

Cyber Fraud

Larceny involves force or fear, but robbery does not.

False

Franny is charged with a crime. Almost all federal courts and some state courts would not hold Franny liable if, at the time of the offense, as a result of a mental disease or defect, she lacked substantial capacity to obey the law and to appreciate

the wrongfulness of her conduct.

Embezzlement (White Collar Crime)

theft or misappropriation of funds placed in one's trust or belonging to one's employer.