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Flashcards in Midterm 2 Deck (50)
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Felony Definition

A crime, typically one involving violence, regarded as more serious than a misdemeanor, and punishable by death or imprisonment in excess of one year.


Misdemeanor definition

Misdemeanor: offenses lower than felonies and generally those punishable by fine, penalty, forfeiture, or imprisonment other than in a penitentiary. Under federal law, and most state laws, any offense other than a felony is classified as a misdemeanor.


Burglary definition

Burglary: The criminal offense of breaking and entering a building illegally for the purpose of committing a crime


Robbery definition

Robbery: The taking of money or goods in the possession of another, from his per her person or immediate presence, by force or intimidation.


Larceny definition

Larceny: The unauthorized TAKING and removal of the personal property of another by an individual who has no intent of giving the property back; if the owner loans the person the property then they fail to return it, that is theft not larcen.


Mens Rea definition

Men's Rea: As an element of criminal responsibility, a guilty mind; a guilty or wrongful purpose; a criminal intent. Guilty knowledge and willfulness. A persons awareness of the fact that his conduct is criminal; the mental element.


Actus Reus definition

Actus Reus: As an element of criminal responsibility, the wrongful act or omission the comprises the physical components of a crime. Criminal statutes generally require proof of both actus Reus and men's Rea on the part of a defendant in order to establish criminal liability


Duress definition

Duress: Unlawful pressure exerted upon a person to coerce that person to perform an act that he or she ordinarily would not perform


Entrapment definition

Entrapment: The act of government agents or officials that induced a person to commit a crime he or she is not previously disposed to commit. When an agent thinks of a crime and induces the accused to engage in it. It is not entrapment if the crime was promoted by someone other than a person with no relation to the government.


Self-Defense definition

Self-Defense: The protection of one's person or property against some injury attempted by another. Deadly force may only be used when someone is attempting to use deadly force on you


Malware definition

Malware: Malicious computer software that interferes with normal computer functions or sends personal data about the user to unauthorized parties over the internet.


Cyberterrorist definition

Cyberterrorist: a person enacting in acts such as deliberate, large-scale disruption of computer networks, especially of personal computers attached to the internet, by the means of tools such as computer viruses.


Botnet definition

Botnet: A network of private computers infected with malicious software and controlled as a group without the owners' knowledge.
I.e.: to send spam messages


Virus definition

Virus: a piece of code that is capable of copying itself and typically has a detrimental effect, such as corrupting the system of destroying data.


Worm definition

Worm(computer): a worm is a self-replicating virus that does not alter files but resides in active memory and duplicates itself. Worms use parts of an operating system that are automatic and usually invisible to the user.


Consideration(law) definition

Consideration: payment or money. Consideration is a benefit which must be bargained for between the parties, and is the essential reason for a party entering into a contract.


Agreement definition

Agreement: any meeting of the minds, even without legal obligation. 2) invlaw, another name for a contract including all the elements of a legal contract: offer, acceptance, and consideration, based on specific terms.


Offer definition

Offer: a specific proposal to enter into an agreement with another. An offer is essential to the formation of an enforceable contract. An offer and acceptance of the offer creates the contract.


Acceptance definition

Acceptance: agreeing verbally or in writing to the terms of a contract, which is one of the requirements to show there was a contract


Offeror definition

Offeror: a person or entity who makes a specific proposal to another.


Offeree definition

Offeree: a person or entity to whom an offer to enter into a contract is made by another(the offeror)


Bilateral Contract definition

Bilateral Contract: an agreement in which the parties exchange promises for each to do something in he future. "Suzette Seller promises to sell her house to Bobby Buyer and Buyer promises to pay Seller $100,000"


Unilateral Contract definition

Unilateral Contract: an agreement to pay in exchange for Performance, if the potential performer chooses to act.
"I will pay you $1,000 if you bring my car from Cleveland to San Francisco."


Quasi Contract definition

Quasi Contract: A situation in which there is an obligation as if there was a contract, although the technical requirements of a contract have not been fulfilled.


Executory Contract definition

Executory Contract: a contract made by two parties in which the terms are set to by fulfilled at a later date. The contract stipulates that both sides still have duties to perform before it becomes fully executed.


Executed Contract definition

Executed Contract: a legal document that has been signed off by the people necessary for it to become effective. The contract is identified made between two or more people, but it can also be between a person and an entity, or two or more entities


Express Contract definition

Express Contract: a contract in which all elements of a contract are specifically stated(offer, acceptance, consideration), and the terms are stated, as compared to an "implied" contract in which the existence of the contract is just assumed by the circumstances


Implied Contract definition

Implied Contract: an agreement created by actions of the parties involved, but it is not written or spoken. An implied warranty means that when a product is purchased, it is guaranteed to work for its ordinary purpose. For example, a refrigerator is fit to keep food cool.


Void Contract definition

Void Contract: a formal agreement that is illegitimate and unenforceable from the moment it is created. There is some overlap in the causes that can make a contact void and the causes that can make it voidable.


Voidable Contract definition

Voidable Contract: unlike a void Contract, is a valid contract which may be either affirmed or rejected at the option of one of the parties. At most, one party to the contract is bound. The unbound party may reject the contract, at which time the contract becomes void.