MCQs Flashcards
A student and a few of his friends were making their way to spring break. Along the way, the old van that they were driving broke down. Not wanting to miss any part of spring break festivities, the student asked the mechanic on duty at the repair shop for a rush job. The mechanic provided the student with a repair estimate, and the student, on the basis of the estimate, authorized the repair and promised to pay when he came back to pick up the van. When the mechanic called the student to tell him that the van was repaired, the student, rather than paying for the repair, told one of his friends that the mechanic had agreed to finance the repair charges and that the only thing left to do was pick up the van in the garage’s parking lot. The student handed the friend a key to the van and told him to go pick the van up so that they could continue their trip to spring break. The friend did so.
The mechanic makes a criminal complaint against the student for larceny of the van. If the case is prosecuted, will the student likely be found guilty?
A No, because it was the student’s van to begin with.
B No, because the friend took the van.
C Yes, because the friend took the van from the mechanic without the mechanic’s knowledge or permission.
D Yes, because the student promised to pay the mechanic for his work when he came to get the van.
C Yes, because the friend took the van from the mechanic without the mechanic’s knowledge or permission.
The defendant approached a clerk at a local gas station/mini-mart and offered to exchange a pair of sunglasses for some gas. The clerk refused, saying he could only accept cash. The defendant then pulled a knife out of his pocket and told the clerk he wanted a fill up. The clerk, who was quite a bit older than the defendant, gave him some “fatherly advice” that crime does not pay. In response to the advice, the defendant put the knife away. Feeling sorry for the defendant, the clerk then agreed to give him some gas for the sunglasses. The defendant got the gas and then left. The clerk then discovered that the defendant had taken the sunglasses from a display case in the store and clipped the tag off before offering them to the clerk. The defendant was apprehended shortly thereafter.
Which of the following statements is correct regarding the defendant’s conduct?
A The defendant can be convicted of larceny by trick and attempted robbery.
B The defendant can be convicted of false pretenses and attempted robbery.
C The defendant can be convicted of larceny by trick but not attempted robbery because he voluntarily abandoned the attempt.
D The defendant can be convicted of false pretenses but not attempted robbery because he voluntarily abandoned the attempt.
B The defendant can be convicted of false pretenses and attempted robbery.
The defendant’s neighbor owned an authentic major league baseball signed by Babe Ruth. The defendant asked if he could show it to some friends who were visiting. The neighbor agreed as long as he kept it in the display case, which the defendant promised to do. In fact, the defendant intended to use the ball in a pickup game. During the game, the ball was hit over the fence and into a yard with a guard dog, which had chewed up several other balls that had previously landed in the yard. The dog did the same to that ball. When the neighbor learned what happened to the ball, he pressed charges against the defendant.
If the defendant is convicted, he will most likely be found guilty of what crime?
A Common law larceny.
B Embezzlement.
C False pretenses.
D Larceny by trick.
D Larceny by trick.
The victim and another player regularly played backgammon together. The other player was entered in an upcoming backgammon tournament and asked the victim if she could borrow his attractive custom-made backgammon set. He agreed, provided in return that he could hold her backgammon computer until the backgammon set was returned. After having success at the tournament with the victim’s set, the other player decided to travel to the national championship tournament, but she needed her backgammon computer to hone her game. Not wanting to go to the nationals with her own cheap set, she told the defendant, another weekly club player, that her backgammon computer had been borrowed by the victim, and asked him to get it from the victim’s car at the next meeting of the club. At the backgammon club meeting, the defendant, who was not aware of the arrangement between the victim and the other player, removed the computer from the victim’s car without telling him. The next day, while waiting to meet the player at the airport to give her the computer, the defendant was playing a game on it when a stranger stopped to admire it. The stranger offered the defendant $400 for the computer, and the defendant readily agreed.
The defendant is prosecuted for larceny of the backgammon computer. Will the defendant likely be found guilty?
A Yes, because the victim was rightfully in possession of the computer when the defendant took it.
B Yes, because the defendant sold the computer to the stranger and pocketed the proceeds.
C No, because the other player was the rightful owner of the computer, and the defendant was acting on the other player’s behalf.
D No, because the defendant thought that the other player was entitled to the computer when he took it from the victim.
D No, because the defendant thought that the other player was entitled to the computer when he took it from the victim.
The defendant, in need of money, agreed to give the victim possession of some personal property in exchange for a loan. However, it soon became apparent that the defendant would not be able to repay the loan. Not wanting to lose her property, the defendant asked a friend to go to the victim’s home to retrieve the property. The friend, knowing that the property belonged to the defendant, but not knowing of its use as collateral, did so.
The defendant is prosecuted for larceny. Will the defendant likely be found guilty?
A No, because the defendant did not personally take the property from the victim.
B No, because the defendant is the rightful owner of the property.
C Yes, because the friend took the property from the victim without the victim’s permission.
D Yes, because the defendant did not tell her friend that the property was being used as collateral.
C Yes, because the friend took the property from the victim without the victim’s permission.
The defendant, who worked as a gardener for the victim, decided to break into the victim’s home to steal some valuables one evening when he knew the victim would not be at home. The defendant, taking a key that the victim hid under a rock for emergencies, unlocked the front door and stepped into the doorway. At that moment, however, a security alarm sounded. On hearing the alarm, the defendant immediately left the premises.
The crimes below are listed in descending order of seriousness.
What is the most serious crime for which the defendant may be convicted?
A Burglary.
B Attempted burglary.
C Attempted larceny.
D No Crime.
A Burglary.
The defendant planned to break into a home, steal any valuables that he could easily pawn, and then burn down the home using gasoline from his lawnmower. When the defendant got to the home that night, he realized that he had forgotten the gas at home. Nonetheless, the defendant broke into the home through a basement window. Unbeknownst to him, the police were alerted by a silent alarm and arrested the defendant just as he was leaving the home with a sack filled with valuables.
At common law, what crimes has the defendant committed?
A Burglary and attempted larceny.
B Burglary, attempted larceny, and attempted arson.
C Burglary and larceny.
D Burglary, larceny, and attempted arson.
C Burglary and larceny.
