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Level 40

Business Law: Criminal Law, Civil Law


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alibi
a common defense to criminal charges that the accused was elsewhere at the time the crime was committed
Answer
Defendant's response to the complaint.
Appellate Court
a court that reviews the decisions of lower courts to determine if a significant error of law was made during trial
Appellate Jurisdiction
The authority to hear cases brought on appeal from a lower court in the hierarchy
Arbitration
Where the mediator is asked to make a binding decision
Arraingment
court proceeding where the defendant pleads guilty or not guilty to the formal charge of a crime
arrest
to take into police custody
arson
intentional, illegal burning of a home, building, or personal property
assault
crime of unlawfully causing physical injury to another; tort of threatening another with bodily harm
assumption of risk
defense against people who voluntarily expose themselves to a risk of harm, suffer an injury, and then sue
Bail Bond
deposit of money or other property left with the court to guarantee the person will return to stand trial
battery
unlawfully striking another person
bench trial
a trial conducted without a jury
Bribery
To give, offer, or promise a benefit or gift to any public servant in order to influence the performance of any act or omission within the official discretion of that person.
comparative negligence
comparing the negligence of the injured party and the one being sued
Complaint
A sworn allegation charging the accused with the commission of an offense.
computer crime
using a computer for fraudulent purposes
Conspiracy
agreement between two or more persons to commit a crime
Contemt of Court
willful disrespect to a court or disobedience of its orders
Contributory Negligence
A partial defense to a negligence action when the plaintiff's conduct also contributed to the injury-the loss will be apportioned according to degree of fault.
conversion
wrongfully exercising control or ownership over another's personal property
Crime
punishable offense against society
Criminal Conduct
intent to commit an evil act in violation of a statute; also known as criminal intent
Criminal Insanity
defense based on the accused's inability to know right from wrong
Defamation
untrue statement published which injures or causes harm to the character and or reputation of an individual
Default judgement
A judgement entered by the court upon the failure of a party to plead or appear at the appointed time
Defendant
the person against whom a legal action is brought
Deposition
Out of court oral testimony of a witness that is later used in court
Discovery
Pretrial activities to gain all the facts of the situation
Duty of Care
A relationship so close that one must take reasonable steps to avoid causing harm to the other.
embezzlement
unlawful use or stealing of property by one who has been legally entrusted with the property
Evidence
information presented at trial by the parties and accepted by the court
Execution of Judegement
process by which a judgment is enforced by court order
Extortion
improperly obtaining money or property by the use of force, fear, or the power of office
false imprisonment
unlawfully restricting a person's freedom of movement
entrapment
a law enforcement officer persuading or forcing a person to commit a crime
Felony
A serious criminal offense punishable by a prison sentence of more than one year.
Fines
a monetary amount imposed by the court for committing a crime
Forgery
falsely making or materially altering a writing to defraud another
Fraud
intentional misrepresentation of an existing, important fact
General Jurisdiction
Refers to a court that can hear any type of controversy and award any amount of money.
Immunity
freedom of prosecution for a crime
imprisonment
penalties for persons convicted of a crime are fines, _______, or the death penalty.
Infancy
the state or period before the legal age of majority
Infraction
minor misdemeanor punishable by a fine
Injunction
Decree ordering a party to do or refrain from doing a specified act
Interrogatory
a form of discovery by using a series of written questions for parties or witnesses, who prepare written answers and then sign under oath
invasion of privacy
violating one's right to be left alone
Judgment
final result of a trial
Jurisdiction
An area of authority or control; the right to administer justice.
larceny
intentional theft of the money or personal property of another
Libel
Written defamation.
Litigation
Suing a person in court for monetary damages.
Manslaughter
killing of another person without intent
Mediation
When a third person assists in resolving a dispute
Miranda Warning
warnings police must give persons detained or arrested as criminal suspects
misdemeanor
less serious crime punishable by a jail sentence of less than one year
Monetary Damages
compensation with money for loss or injury
Murder
unlawful killing of another person with malice aforethought
Negligence
A tort or civil wrong in which the defendant unintentionally causes injury or damages to another.
Pardon
release from all punishment
Plaintiff
person who initiates a civil suit
Plea Bargaining
pleading guilty to a less serious crime
Probation
Sentence placing a person under the supervision of a probation officer for a specified length of time instead of confinement.
Prosecution
government as the party bringing legal action against a person accused of a crime
Reasonable-person standard
the standard of fair behavior that a reasonably careful and thoughtful person would observe
Recognizance
promise of the accused person to appear in court, without posting bail
Remedy
A court order resulting from a civil court judgement which serves to benefit the successful party
robbery
forcible taking of money or personal property of another
Self-defense
use of force that appears reasonably necessary for the self-protection of an intended victim
Slander
Spoken defamation.
Strict product Liability
responsibility for injury regardless of negligence or intent; usually caused by abnormally dangerous activity
Subpoena
A legal document summoning someone to court as a witness
Summons
A notice directing someone to appear in court to answer a complaint or a charge
Tort
A civil wrong, other than breach of contract, for which the court can award money damages.
Tortfeasor
one who commits a tort
trespass
illegally entering or remaining on the property of another
Trial Court
the court that initially hears a case.
Trial jury
panel of citizens sworn by a court to decide issues of fact in court cases
Verdict
Jury's decision in a case
Vicarios liability
responsibility of one person for the torts of another
Voir Dire
A process by which the judge and the lawyers in a case select jurors for the trial
White-collar crimes
non-violent crimes committed by an individual or corporation in business
Witness
person who has personal knowledge of the facts