Ch 10 Civil Law and Criminal Law Overview

This set of flashcards covers key concepts, definitions, and differences related to civil and criminal law, including defenses to criminal liability and aspects of cyber crime.

Civil Law

Pertains to the duties that exist between persons or between persons and their governments.

Criminal Law

Deals with crime, defined as a wrong against society proclaimed in a statute and punishable by laws.

Crime

A wrong against society punishable by society through fines, imprisonment, or death.

Burden of Proof (Civil Case)

Preponderance of the evidence; plaintiff must convince the court that allegations are more likely true than not.

Burden of Proof (Criminal Case)

Beyond a reasonable doubt; guilt must be proven to an exclusion of every reasonable doubt.

Felony

A crime carrying the most severe sanctions, usually from one year to life imprisonment.

Misdemeanor

A lesser crime than a felony, punishable by fine or imprisonment for up to one year.

Strict Liability Crimes

Crimes that do not require a wrongful mental state to establish liability.

Mens Rea

The specified state of mind or intent required to commit a crime.

Self-Defense

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

Duress

Unlawful pressure that causes a person to perform an act they would not otherwise do.

Entrapment

A defense claiming the defendant was induced by a public official to commit a crime they would not have otherwise committed.

Exclusionary Rule

A rule that excludes evidence obtained in violation of constitutional rights from being admissible in court.

Miranda Rights

Rights that must be read to individuals upon arrest, informing them of their right to remain silent and to counsel.

Cyber Crime

Any violation of criminal law that involves computer technology for its perpetration, investigation, or prosecution.

Identity Theft

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

Hacking

The act of breaking into a computer system using one computer to compromise another.

Malware

Malicious software designed to disrupt or harm a computer, network, or device.