Criminal Law and Business & Tort Law Review

Vocabulary practice flashcards covering criminal law and business (Chapter 6) and tort law concepts, defenses, and damages (Chapter 7).

Actus Reus

The guilty act; an element of a crime that must exist at the same time as the mens rea for a crime to occur.

Mens Rea

The guilty mind; the mental state element that must coexist with the actus reus for a crime to occur.

Felony

A classification of crime punishable by imprisonment for more than 1 year.

Misdemeanor

A classification of crime punishable by imprisonment for less than 1 year.

Petty Offense

A minor violation punishable with small fines or a short jail sentence.

White-Collar Crimes

Nonviolent crimes usually committed in business, including bribery, extortion, fraud, embezzlement, and computer crimes.

Fraud

A crime consisting of four elements: material false representation, intent to deceive, reasonable reliance by the victim, and damages resulting from reliance.

Embezzlement

The wrongful conversion of another's property by someone who legally possessed it.

Computer Crime

A crime committed using computers or against computers.

4th Amendment

A constitutional protection guarding against unreasonable search and seizure.

5th Amendment

A constitutional amendment providing protections against double jeopardy and self-incrimination, and guaranteeing due process.

6th Amendment

A constitutional amendment guaranteeing the right to counsel, a speedy trial, a jury trial, and the right to confront witnesses.

8th Amendment

A constitutional amendment prohibiting excessive bail, excessive fines, and cruel and unusual punishment.

Strict Liability (Criminal Law)

Liability without fault, where there is no need to prove mens rea.

Tort

A civil wrong that causes injury to another person.

Goals of Tort Law

To compensate injured parties, maintain order, and promote justice.

Intentional Torts

A category of torts where the person intends the harmful act.

Assault

The fear or threat of harmful or offensive contact; no actual touching is required.

Battery

Harmful or offensive physical contact.

Defamation

A false statement harming someone's reputation.

Slander

Spoken defamation.

Libel

Written or published defamation.

Trespass to Realty

Entering another's land without permission.

Conversion

Permanently depriving an owner of personal property.

Negligence

A tort requiring four elements: duty, breach of duty, causation, and damages.

Defenses to Negligence

Legal defenses consisting of contributory negligence, comparative negligence, assumption of risk, and superseding cause.

Strict Liability (Tort Law)

Liability without fault that usually applies to inherently dangerous activities.

Compensatory Damages

A type of tort damage that pays the victim for losses.

Nominal Damages

A small monetary amount awarded recognizing wrongdoing.

Punitive Damages

Damages awarded to punish outrageous conduct.