Business Law Chapter 4 Important Terms Plaintiff – the state or federal government, representing...

Business LawBusiness Law

Chapter 4Chapter 4

Important TermsImportant Terms

Plaintiff – the state or federal government, Plaintiff – the state or federal government, representing the public at large.representing the public at large.



Defendant – the person who is accused of a Defendant – the person who is accused of a crime.crime.



Defendant – the person who is accused of a Defendant – the person who is accused of a crime.crime.

Prosecutor – usually the government, the Prosecutor – usually the government, the party that accuses the person of a crime.party that accuses the person of a crime.

Classification of CrimeClassification of Crime

Felony – a major Felony – a major crime punishable by crime punishable by imprisonment (over 1 imprisonment (over 1 year) or death.year) or death.

Classification of CrimeClassification of Crime

Felony – a major Felony – a major crime punishable by crime punishable by imprisonment (over 1 imprisonment (over 1 year) or death.year) or death.

Misdemeanor – a Misdemeanor – a crime punishable by crime punishable by fine or imprisonment fine or imprisonment in a county jail.in a county jail.

Elements of a CrimeElements of a Crime

Criminal act – must be Criminal act – must be voluntary conduct and voluntary conduct and not based on a not based on a person’s status or person’s status or condition.condition.

Elements of a CrimeElements of a Crime

Duty – imposed by Duty – imposed by criminal statute to do or criminal statute to do or not do a certain thing.not do a certain thing.

Violation of duty – by Violation of duty – by act or omission.act or omission.

Required State of Mind Required State of Mind – state of mind may be – state of mind may be difference in type of difference in type of crime. Did you have crime. Did you have criminal intent?criminal intent?

Crimes Against PeopleCrimes Against People

Murder – the unlawful killing of another human Murder – the unlawful killing of another human being with malice aforethought. (had evil intent)being with malice aforethought. (had evil intent)



Manslaughter – the unlawful killing of another Manslaughter – the unlawful killing of another human being without malice aforethought.human being without malice aforethought.


Murder – the unlawful killing of another human Murder – the unlawful killing of another human being with being with malice aforethoughtmalice aforethought. (had evil intent). (had evil intent)


Battery – the unlawful touching of another Battery – the unlawful touching of another person.person.





Assault – an attempt to commit battery.Assault – an attempt to commit battery.





Assault – an attempt to commit battery.Assault – an attempt to commit battery. Kidnapping – unlawful removal or restraint of a Kidnapping – unlawful removal or restraint of a

person against that person’s will.person against that person’s will.





Assault – an attempt to commit battery.Assault – an attempt to commit battery. Kidnapping – unlawful removal or restraint of a Kidnapping – unlawful removal or restraint of a

person against that person’s will.person against that person’s will. Sex Offenses – Rape, statutory rape, date rape or Sex Offenses – Rape, statutory rape, date rape or

acquaintance rape.acquaintance rape.

Crimes against propertyCrimes against property

Burglary – the breaking and entering of a Burglary – the breaking and entering of a place with the intent to commit a crime.place with the intent to commit a crime.



Larceny – the unlawful taking and carrying Larceny – the unlawful taking and carrying away of personal property of another with away of personal property of another with the intent to deprive the owner of it.the intent to deprive the owner of it.



Larceny – the unlawful taking and carrying Larceny – the unlawful taking and carrying away of personal property of another with away of personal property of another with the intent to deprive the owner of it.the intent to deprive the owner of it.

Embezzlement – the wrongful taking away Embezzlement – the wrongful taking away of another’s property by a person who has of another’s property by a person who has been entrusted with that property.been entrusted with that property.


Burglary – the breaking and entering of a place Burglary – the breaking and entering of a place with the intent to commit a crime.with the intent to commit a crime.

Larceny – the unlawful taking and carrying away Larceny – the unlawful taking and carrying away of personal property of another with the intent to of personal property of another with the intent to deprive the owner of it.deprive the owner of it.

Embezzlement – the wrongful taking away of Embezzlement – the wrongful taking away of another’s property by a person who has been another’s property by a person who has been entrusted with that property.entrusted with that property.

Robbery – the wrongful taking and carrying away Robbery – the wrongful taking and carrying away of property accompanied by violence or threats.of property accompanied by violence or threats.


Burglary – the breaking and entering of a place with the Burglary – the breaking and entering of a place with the intent to commit a crime.intent to commit a crime.

Larceny – the unlawful taking and carrying away of Larceny – the unlawful taking and carrying away of personal property of another with the intent to deprive personal property of another with the intent to deprive the owner of it.the owner of it.

Embezzlement – the wrongful taking away of another’s Embezzlement – the wrongful taking away of another’s property by a person who has been entrusted with that property by a person who has been entrusted with that property.property.

Robbery – the wrongful taking and carrying away of Robbery – the wrongful taking and carrying away of property accompanied by violence or threats.property accompanied by violence or threats.

Arson – willful and malicious burning of a house or Arson – willful and malicious burning of a house or other building.other building.

Crimes Against Business Crimes Against Business InterestsInterests

Larceny by False Pretenses (Fraud) – taking Larceny by False Pretenses (Fraud) – taking someone’s money or property by someone’s money or property by intentionally deceiving that person.intentionally deceiving that person.



Forgery – false making or changing of a Forgery – false making or changing of a writing with the intent to defraud.writing with the intent to defraud.



Forgery – false making or changing of a Forgery – false making or changing of a writing with the intent to defraud.writing with the intent to defraud.

Bribery – giving something of value to Bribery – giving something of value to public officials in order to influence their public officials in order to influence their official activity.official activity.


Larceny by False Pretenses (Fraud) – taking Larceny by False Pretenses (Fraud) – taking someone’s money or property by intentionally someone’s money or property by intentionally deceiving that person.deceiving that person.

Forgery – false making or changing of a writing Forgery – false making or changing of a writing with the intent to defraud.with the intent to defraud.

Bribery – giving something of value to public Bribery – giving something of value to public officials in order to influence their official officials in order to influence their official activity.activity.

Extortion – the unjust taking of something of Extortion – the unjust taking of something of value by public officials or others which is not value by public officials or others which is not due.due.


Larceny by False Pretenses (Fraud) – taking Larceny by False Pretenses (Fraud) – taking someone’s money or property by intentionally someone’s money or property by intentionally deceiving that person.deceiving that person.

Forgery – false making or changing of a writing Forgery – false making or changing of a writing with the intent to defraud.with the intent to defraud.

Bribery – giving something of value to public Bribery – giving something of value to public officials in order to influence their official activity.officials in order to influence their official activity.

Extortion – the unjust taking of something of value Extortion – the unjust taking of something of value by public officials or others which is not due.by public officials or others which is not due.

Computer Crimes Computer Crimes

Crimes Against GovernmentCrimes Against Government

Treason - Treason - The betrayal of one's own country by waging war against it or by consciously or purposely acting to aid its enemies.

Tax Evasion - Tax Evasion - is the illegal evasion of taxes by individuals, corporations and trusts.

Perjury - Perjury - The deliberate, willful giving of false, misleading, or incomplete testimony under oath

How was that?How was that?

Business Law Chapter 4 Important Terms Plaintiff – the state or federal government, representing...

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