Chapter 13 Powerpoint pt. 2

Question 1

True or False: Embezzlement did not exist at common law.

Answer 1

True

Question 2

What are the central elements to embezzlement?

Answer 2

(1) fraudulent conversion
(2) of the property of another
(3) by an individual who is in lawful possession of the property

Question 3

How is embezzlement distinguished from larceny?

Answer 3

Distinguished from larceny in that the property taken is lawfully taken possession but then fraudulently converted.

Question 4

Embezzlement= _________ of property of another + intent to permanently deprive another of property

Answer 4

conversion

Question 5

Embezzlement= conversion of property of another + intent to permanently deprive another of _______

Answer 5

property

Question 6

____________= conversion of property of another + intent to permanently deprive another of property

Answer 6

Embezzlement

Question 7

Embezzlement can be a __________ or a ______ depending on the value of the property.

Answer 7

misdemeanor

felony

Question 8

What is the difference between embezzlement and larceny?

Answer 8

In embezzlement the perpetrator lawfully takes possession and then fraudulently converts the property.
Larceny involves trespassory taking of property from the possession of another.

Question 9

______ ________- Obtaining title and possession of property of another by a knowingly false representation of a present or past material fact with the intent to defraud that causes an individual to pass title to his or her property.

Answer 9

False Pretenses

Question 10

The actus reus of false pretenses is is a ______ ____________.

Answer 10

factual misrepresentation

Question 11

The ____ ____ of false pretenses requires “knowingly and designedly” with “the intent to defraud.”

Answer 11

mens rea

Question 12

The mens rea of false pretenses requires “_________ and _________” with “the intent to defraud.”

Answer 12

knowingly

designedly

Question 13

The mens rea of false pretenses requires “knowingly and designedly” with “the _____ to _______.”

Answer 13

intent

defraud

Question 14

True or False: False representations that are reckless or made without information do not satisfy the necessary mens rea.

Answer 14

False; False representations that are reckless or made without information typically satisfy the necessary mens rea.

Question 15

False pretenses= ____________ or ______ + inent to steal property + victim relies on misrepresentation and conveys title and possession

Answer 15

misrepresentaion

deciet

Question 16

False pretenses= misrepresentaion or deciet + inent to _____ ________ + victim relies on misrepresentation and conveys title and possession

Answer 16

steal property

Question 17

False pretenses= misrepresentaion or deciet + inent to steal property + victim relies on ____________ and conveys _____ and _________

Answer 17

misrepresentation
title
possession

Question 18

What is the difference between false pretenses and larceny?

Answer 18

Larceny requires taking and carrying away of the property while false pretenses requires only a transfer of title and possession

Question 19

True or False: Expression of an opinion (puffing) constitutes false pretenses.

Answer 19

False; Expression of an opinion (puffing) does not constitute false pretenses

Question 20

True or False: Past or present fact, not vague promises of a future benefit constitute as false pretenses.

Answer 20

True

Question 21

True or False: Silence constitutes false pretenses.

Answer 21

True or False; Silence does not constitute false pretenses