Business Law: Criminal Law and Cyber Crime

This set of flashcards covers key concepts related to criminal law and cyber crime as outlined in the Business Law lecture notes.

What are the main differences between civil law and criminal law?

Civil law pertains to duties between persons or governments, while criminal law addresses crimes against society.

What is a crime?

A wrong against society proclaimed in a statute and punishable by society, which may involve fines, imprisonment, or death.

What standard must be met for a person to be found guilty of a crime?

Guilt must be proven beyond a reasonable doubt.

What is the primary burden of proof in civil law?

Preponderance of the evidence.

What are felonies and misdemeanors?

Felonies are serious crimes like murder or arson, while misdemeanors are lesser crimes punishable by fines or up to one year in jail.

What two elements must exist for criminal liability?

The performance of a prohibited act (actus reus) and a specified mental state (mens rea).

What defines the actus reus?

The actual guilty act or the performance of a prohibited act.

What is mens rea?

The mental state or intent required for a person to be convicted of a crime.

What are strict liability crimes?

Crimes that do not require a specific mental state and usually pertain to public health and safety.

What is self-defense?

The legally recognized privilege to protect oneself or property against injury by another.

What is the exclusionary rule?

A rule that disallows evidence obtained in violation of a person's constitutional rights from being admitted in court.

What is cybercrime?

Any violation of criminal law that involves knowledge of computer technology for its perpetration.

What is identity theft?

The act of stealing another's identifying information to access their financial resources.

What is phishing?

Online fraud where criminals impersonate legitimate companies to trick individuals into giving up sensitive information.

What is ransomware?

Malicious software that blocks access to a computer system until a ransom is paid.

What does the Computer Fraud and Abuse Act address?

It criminalizes unauthorized access to computers to obtain data or information.