Larceny Flashcards

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1
Q

what are the point to prove for larceny?

A

O - ownership
V - value
A - asportation
W - without consent of the owner and without a claim of right made in good faith.
I - intent to deprive the owner permanently
A - anything capable of being stolen.

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2
Q

what is larceny?

A

a person steals who, without the consent of the owner,

fraudulently and without a claim of right made in good faith takes and carries

away anything capable of being stolen.

with intent at the point in time to deprive the owner thereof

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3
Q

what is larceny trick?

A

where the owner parts with possession by means of trick or some artifice, but he does not part with ownership of the property.

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4
Q

what is larceny mistake?

A

owner hands over property as a result of a mistake on his part, but the offender knew at the time of receipt that he had obtained only of such mistake.

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5
Q

what is larceny finding?

A

the finder believed at the time of finding that the owner be traced by taking reasonable steps.

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6
Q

what is larceny bailee?

A

a person can be convicted of larceny notwithstanding he has lawful possession thereof if being a bailee or part owner thereof: he fraudulently converts the same to his own use or the use of a person other than the owner.

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7
Q

what are the points to prove for larceny bailee?

A
  1. must have lawful possession of property.
  2. the goods must be received for a specific purpose.
  3. the goods must not be dealt with according to the bailer’s instructions.
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8
Q

what is fraudulent conversion?

A

where a person is solely or jointly entrusted with goods for a specific purpose to keep in safe custody, to deliver or pay to some other person, converts the same to his own use or the use of a person other tthan the owner…

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9
Q

what are the points to prove for fraudulent conversion?

A
  1. the property was entrusted for a specific purpose
  2. that is was used for some other purpose
  3. that such misuse was fraudulent and dishonest
  4. that there was no claim of right to excuse the act. it was deliberate and without mistake.
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10
Q

what is embezzlement?

A

every person who being a clerk or servant or person employed in the capacity of the clerk or servant fraudulently diverts to his own use the whole or part of the chattel, money or valuable security delivered to or received or taken into possession by him , in the name of or on the account of his master or employer.

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11
Q

what is larceny servant?

A
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