BUSINESS LAW CH 7
Terms
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- ACQUIT
- To find the defendant not guilty of the crime for which he was tried.
- ACTUS REUS
- The guilty act. The prosecution must show that a criminal defendant committed some proscribed act. In a murder prosecution, taking another person's life is the actus reus.
- AFFIDAVIT
- A written statement signed under oath.
- AGENT
- A person who acts for a principal.
- ARSON
- Malicious use of fire or explosives to damage or destroy real estate or personal property.
- DETERRENCE
- Using punishment, such as imprisonment, to discourage criminal behavior.
- DURESS
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1.A criminal defense in which the defendant shows that she committed the wrongful act because a third person threatened her with imminent physical harm.
2.An improper threat made to force another party to enter into a contract. - EMBEZZLEMENT
- Fraudulent conversion of property already in the defendant's possession.
- ENTRAPMENT
- A criminal defense in which the defendant demonstrates that the government induced him to break the law.
- EXCLUSIONARY RULE
- In a criminal trial, a ban on the use of evidence obtained in violation of the Constitution.
- FELONY
- The most serious crimes, typically those for which the defendant could be imprisoned for more than a year.
- GENERAL DETERRANCE
- Using punishment, such as imprisonment, to discourage criminal behavior.
- INDICTMENT
- The government's formal charge that a defendant has committed a crime.
- JUSTIFICATION
- A criminal defense in which the defendant establishes that he broke the law to avoid a greater harm.
- LARCENY
- Taking personal property with the intention of preventing the owner from ever using it.
- MENS REA
- Guilty state of mind.
- MISDEMEANOR
- A less serious crime, typically one for which the maximum penalty is incarceration for less than a year, often in a jail, as opposed to a prison.
- MONEY LAUNDERING
- Taking the profits of criminal acts and either (1) using the money to promote more crime or (2) attempting to conceal the money's source.
- MOTION TO SUPPRESS
- A request that the court exclude evidence because it was obtained in violation of the Constitution.
- PROBABLE CAUSE
- In a search and seizure case, it means that the information available indicates that it is more likely than not that a search will uncover particular criminal evidence.
- PROSECUTION
- The government's attempt to convict a defendant of a crime by charging him, trying the case, and forcing him to defend himself.
- RETRIBUTION
- Giving a criminal defendant the punishment he deserves.
- SPECIFIC DETERRANCE
- Using punishment, such as imprisonment, to discourage criminal behavior.