Crim Pro - Missed Flashcards

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1
Q

what are the elements of larceny?

A

(1) a taking
(2) and carrying away (asportation)
(3) of tangible personal property
(4) of another w/ possession
(5) by trespass (without consent or by consent
(60 witht intent to permanently deprive that person of their interest in property

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2
Q

False pretenses generally consists of

A

(1) obtaining title
(2) to personal property of another
(3) by an intentional false statement of past or existing fact
(4) with intent to defraud other

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3
Q

Larceny by trick is when the victim is tricked into giving up mere ____ whereas if the victim is being tricked into giving up ____ then that crime is ___

A

custody or possession of property

title; false pretenses

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4
Q

When victim is tricked into giving up _______ that is false pretenses

A

title

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5
Q

Embezzlement is the ____ conversion of personal property of another by a person in _______ of that property

A

fraudulent; lawful posession

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6
Q

If a D intended to restore the exact property taken, then it is NOT _____. But if he intended to restore a similar or substantailly identical property then it is ________, even if it was money that was initially taken and another money of identical value that he intended to return

A

embezzlement; embezzlement

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7
Q

Difference from larceny and embezzlement is that in embezzlement, the misappropriation of the property occcurs while the D has ______ possession of it

Whereas in larceny, it occurs generally at the time the D obtains _____ possession of property

A

lawful

wrongful

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8
Q

For larceny by false pretenses, the victim intends to convey ____ whereas in larceny by trick, the victim intends only to convey ____

A

title; custody

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9
Q

It is possible to commit larceny of your OWN property if another person like a bailee has _____ at that time

A

superior right to possession

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