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Business Law – Chapter 4

crime
punishable offense against society
vicarious criminal liability
criminal intent of one (such as an employee) is used to substitute for the requirement of criminal intent for another (such as a corporate officer)
felony
a crime punishable by confinement for more than a year in a state prison, by a fine of more than $1,000, or both – or even death
misdemeanor
a less serious crime punishable by confinement in a country or city jail for less than one year, by fine, or both
infraction
a lesser misdemeanor punishable by fine only
white-collar crime
crime typically committed in the workplace that does not involve violence or force nor does it cause physical injury to people or physical damage to property
anti-trust laws
laws that prohibit competing companies from price fixing or dividing up sales regions
larceny
wrongful taking of money or personal property belonging to someone else with the intent to deprive the owner of possession, also known as theft
embezzlement
taking of another’s property or money be a person to whom it has been entrusted
robbery
taking of property from another’s person or immediate presence, against the victim’s will, by force or causing fear
burglary
entering a building without permission when intending to commit a crime
fence
one who receives stolen property
false pretenses
obtaining property by lying about a past or existing fact
forgery
falsely making or materially altering a writing to defraud another
bribery
offering or giving anything of value to influence performance of an official in carrying out his or her public or legal duties
extortion
obtaining money or other property by wrongful use of force, fear, or the power of office, also known as blackmail
conspiracy
agreement between two or more persons to commit a crime; it is a separate crime from the crime the parties planned to commit
arson
willful and illegal burning or exploding of a building
probable cause
reasonable ground for belief; requirement for legal or reasonable searches and seizures
defense
a legal position taken by an accused to defeat the charges against him or her
procedural defenses
defenses based on problems with the way the evidence is obtained or the way the accused person is arrested, questioned, tried, or punished
substantive defenses
defenses that disprove, justify, or otherwise excuse the alleged crime
immunity
freedom from prosecution even when one has committed the crime charged
contempt of court
action that hinders the administration of justice in court
punishment
penalty provided by law and imposed by a court; purpose is to discipline wrongdoer not to remedy the wrong
plea bargaining
accused person agrees to plead guilty to a less serious crime in exchange for having a more serious charge dropped
indictment
a written accusation declaring that there is sufficient evidence to try the identified individual for a specified crime
grand jury
group of citizens selected to hear, in secret, the evidence of alleged crimes submitted by the prosecutor
arrest warrant
written court order for the apprehension of an accused
arraignment
court proceeding at which the formal charges in the information or indictment are read, defendant pleads guilty or not guilty, and judge may set bail
preliminary hearing
court proceeding at which evidence against defendant will be presented to the court so it may determine whether there is sufficient cause to hold him or her for trial
bail
a sum of money or property deposited or pledged to guarantee that the arrested person will appear for a preliminary hearing or trial
subpoena
a command to an individual to appear and testify or produce documents or other evidence in his or her possession
motions
pleas to the court to order some action or rule on some matter pertinent to the case concerning disclosure, admissibility, or suppression of evidence and other matters
voir dire
preliminary exam of potential jurors to determine their ability to judge able and impartially the matter to be placed before them
challenge for good cause
juror dismissed due to ties to defendant or prosecution that might be prejudicial
preemptory challenge
juror automatically dismissed without having to state any cause
direct examination
conducted by the side calling a witness
cross examination
the opposing side questioning a witness
verdict
decision of the jury; must be unanimous in criminal trials

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