Flashcards in Midterm 2 Deck (50)
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: 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: The criminal offense of breaking and entering a building illegally for the purpose of committing a crime
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: 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: Unlawful pressure exerted upon a person to coerce that person to perform an act that he or she ordinarily would not perform
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: 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: Malicious computer software that interferes with normal computer functions or sends personal data about the user to unauthorized parties over the internet.
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: 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: 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(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: 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: 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: 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: agreeing verbally or in writing to the terms of a contract, which is one of the requirements to show there was a contract
Offeror: a person or entity who makes a specific proposal to another.
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.