| Judicial Notice |
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| Judicial notice is the knowledge or recognition that a fact is true without evidence to support its truth. An example of a fact that a court may take judicial notice of is that the sky is blue. Most people know and understand that the sky is blue and no proof is needed to establish that the sky is blue. More... |
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| NECESSITY AS A DEFENSE |
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| A necessity may be claimed as a defense when a defendant reasonably believed that his or her criminal act was immediately necessary to avoid imminent harm. The reasonableness of the defendant's act and the harm that was sought to be avoided by the defendant are the essential elements of the defense. The defendant must show that the harm that he or she sought to avoid was greater than the harm that was committed by his or her criminal act. In other words, the defendant must show that he or she was attempting to achieve a "greater good." More... |
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| Embezzlement of Government Property |
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| Embezzlement is defined as an improper fraudulent appropriation of property by a defendant to whom such property was entrusted. The defendant is entrusted with property if a fiduciary relationship exists between the defendant and the United States or a relationship exists in which the defendant has access and control over the government's property. More... |
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| ISSUING A BAD OR A WORTHLESS CHECK |
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| A person commits the offense of issuing a bad or a worthless check when he or she writes, issues, or passes a check or similar document for the payment of money when he or she knows that he or she does not have sufficient funds in a banking institution to pay the check. More... |
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| Computer Fraud and Financial Institutions |
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| With the prevalence and necessity of computers, computer fraud in financial institutions appears to be a frequently prosecuted offense. Employees, directors, and agents of financial institutions have access to their customers' information on a daily basis and at their fingertips. It is quite simple, for example, for an employee to delete unfavorable information of a client and add favorable information to the client's file. In the example above, the client may be able to obtain credit approval for certain items that he otherwise would not qualify for. More... |
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