Criminal Rules

Question 1

Arson

Answer 1

Malicious burning of the dwelling house of another

Question 2

Malice (Arson)

Answer 2

Burning must be intentional or extremly reckless

Question 3

Reckless (Arson)

Answer 3

Defendant’s conduct was substantially certain to bring about the burning

Question 4

Intent (Arson)

Answer 4

Defendant acted for the purpose of bringing about the burning

Question 5

Burning

Answer 5

Consume with fire. There must be some charring of the structure but there does not need to be a total destruction of the building or even considerable damage

Question 6

Dwelling house of another

Answer 6

Building in possession of someone other than the defendant where someone lives or sleeps on a regular basis.

Question 7

Conspiracy

Answer 7

An agreement by two or more persons to commit an unlawful act.

(Most state require an OVERT ACT).
The overt act of one is imputed on all. The result is inputed to all as well.

Question 8

Larceny

Answer 8

The trespassory taking and carrying away the personal property of another with the specific intent to deprive permanently.

Trespassory - without consent
Taking and carrying away - any slight movement is enough
Specific intent to deprive permanently - not the same as borrowing

Question 9

Robbery

Answer 9

The trespassory taking and carrying the personal property of another, from the person or their immediate presence, by force or threat of force, with the intent to permanently deprive

(Force, fear or intimidation)
- used to effectuate the taking

Question 10

Burglary (common law)

Answer 10

The trespassory breaking and entering the dwelling house of another at night with the specific intent to commit a felony or larceny therein.

Question 11

Burglary (modernly)

Answer 11

Entry into any structure with the intent to commit any crime therein.

Question 12

Arson (common law)

Answer 12

The burning of the dwelling house of another with malice

Question 13

Battery

Answer 13

The unlawful, unconsented harmful or offensive touching of another.

Tort - intentional harmful or offensive touching of another

Question 14

Assault

Answer 14

An act that intentionally causes a reasonable apprehension of an immediate battery.

Question 15

Trespass to Land

Answer 15

Intentional trespassory entry onto the land of another

-light and sound are not trespass
-throwing an object is not enough
Defendant does not have to know that he is on someone else’s land

Question 16

Trespass to Chattel

Answer 16

An intentional act by the defendant that interferes with Plaintiff’s possessory interest in the chattel

Question 17

Conversion

Answer 17

An intentional act of interference with plaintiff’s possessory interest so severe as to warrant a forced scale.

-D may be required to pay the cost of repair, rental or replacement

A. Acts sufficient to constitute conversion: wrongful acquisition, wrongful transfer, wrongful detention, substantially changing, severely damaging, or misusing a chattel
B. More serious interference than trespass to chattels

Question 18

Wrongful Death (Loss of Consortium)

Answer 18

When defendant intentionally or negligently causes the death of another, the spouse and the next of kin of the defendant ma recover for loss of society (companionship), loss of consortium (support) and (wife only = loss of sex).

Question 19

Curtilage

Answer 19

Imaginary or real boundary