Legal Terms Chapter 11 - Crimes Against Property Flashcards
Larceny
The wrongful taking and carrying away the property of another with the intent of stealing.
Larcine
Theft.
Asportation
The carrying away of goods.
Attempted larceny
An attempt to commit larceny, but falling short of its commission.
Chattels
Anything that is the subject of ownership other than real property; also called personal property.
Negotiable instrument
A written, unconditional order or promise to pay money, which can be transferred by the original receiver to others.
Chose in action
Evidence of a right to property but not the property itself.
Real property
Land or anything affixed thereto.
Bailee
One to whom personal property is given under a bailment agreement; not a gift.
Possession
The detention and control of anything.
Constructive possession
Possession that is not actual, but assumed to exist; under a person’s control such as custody.
Animus
Intention.
Animus furundi
The intent to permanently deprive the owner of the property.
Animus cancellandi
The intent to cancel or destroy, with respect to wills.
Animus capendi
The intent to capture or take.
Animus defamandi
The intent to defame.
Animus derelinquendi
The intent to abandon or relinquish.
Animus lucrandi
The intent to make a gain or profit.
Animus recuperandi
The intent to recover or recuperate.
Animus signandi
The intent to sign an instrument such as a will.
Animus testandi
The intent to make a will or testament.
Grand larceny
Larceny that is a felony or of a dollar amount that exceeds a threshold.
Embezzlement
The illegal taking of property by someone who was entrusted with it.
Larceny by false pretenses
Knowingly and deliberately obtaining the property of another by false pretenses with the intent to defraud; also called criminal fraud.
Bribery
The giving or receiving or a reward to influence any official act.
Extortion
The gaining of property or money through some kind of unlawful threat to the owner of the property or money.
Coercion
Compelling someone to do something by threat or force.
RICO
Acronym for Racketeer Influenced and Corrupt Organizations act of 1970; designed to stop organized crime from invading legitimate businesses.
Racketeering
Activities of organized criminals who extort money from legitimate businesses.
Money laundering
A metaphor used to describe how money acquired through criminal activities is “washed” so that it can appear to have been earned legitimately.
Mail fraud
Using the mail system to obtain money, property, or services by false pretenses.
Wire fraud
Federal and state crime involving using wire communications facilities in carrying out a scheme to defraud.
Computer fraud
The offense of using mail, wire, or computers to obtain money, property, or services by false pretenses.
White collar crimes
The term coined in 1939 to refer to crimes committed by those with high social status and respect in the course of their employment.
Receipt of stolen goods
The buying, receiving, or aiding in the concealment of stolen or embezzled property, knowing it to have been stolen.
Forgery
The fraudulent making or altering of a writing whereby the rights of another might be prejudiced.
Legal efficacy
Effectiveness.
Fraud in esse contractus
Fraud as to the essential nature of the contract.
