NY BAR REVIEW 12

Question 1

Taking property of another from one with possession

Answer 1

person converts goods of which has lawful possession, usually guilty of some form of larceny

Question 2

Strict Scrutiny

Answer 2

Upheld if necessary to achieve compelling govt interest. There was no less reasonable alternative to the action.

Question 3

Intermediate Scrutiny

Answer 3

Upheld if substantially related to important govt. purpose

Question 4

Rational Basis

Answer 4

Law upheld if rationally related to legitimate govt. purpose

Question 5

CERTAIN Bill of Rights - NO incorporation to the states

Answer 5

2,3,5,7,8

Question 6

2nd amm

Answer 6

right to bear arms

Question 7

3rd amm

Answer 7

right for soldiers quartered

Question 8

5th amm

Answer 8

right to grand jury indictment

Question 9

7th amm

Answer 9

right to jury in civil case

Question 10

8th amm

Answer 10

right against excessive fines

Question 11

False Promise

Answer 11

Person pursuant to scheme to DEFRAUD obtains property of another by express or implied representation that he or third person will in future engage in particular conduct and he does NOT engage in such conduct or does NOT believe third person intends to engage in such conduct.

Question 12

common law crime against property 5 - Larceny

Answer 12

acquire property known to be lost or mislaid, 
issue a bad check,
false promise, 
extortion, 
embezzlement, 
appropriating leased or rented items.

Question 13

common law crime against property 1

Answer 13

Larceny by trespassory taking

Question 14

common law crime against property 2

Answer 14

Larceny by trick

Question 15

common law crime against property 3

Answer 15

False pretenses

Question 16

common law crime against property 4

Answer 16

Embezzlement

includes also real property, computer data or program

Question 17

Megan’s Law

Answer 17

Sex offenders are required to register with division of crimes.
Justice services law authorizes release of relevant info concerning sex offender.

Question 18

bad check

Answer 18

CLASS B MISDEMEANOR- issuing bad check

Question 19

used bad check to obtain property

Answer 19

larceny

Question 20

a person drawer or agent puts bad check into circulation

Answer 20

knowing DOESNT have sufficient funds to cover, with intent or belief payment will be REFUSED by drawee and payment was REFUSED by drawee

Question 21

bad check- when defendant DOESNT draw the check but

Answer 21

passes it as transfer for purpose other than mentioned.

Question 22

Criminal possession of forged instrument

Answer 22

USE or POSSESSION for use of a forged instrument with fraudulent intent

Question 23

use or possession for use of a forged instrument with fraudulent intent DOESNT ______ with forgery

Answer 23

merge

Question 24

Possession and larceny DONT _____

Answer 24

merge

Question 25

corroboration in reference to receipt of stolen property

Answer 25

NOT necessary unless witness and defendant are accomplices

Question 26

motor vehicles in reference to receipt of stolen property

Answer 26

MUST have DOMINION OR CONTROL over motor vehicle to be in possession of it. MERE presence in vehicle DOESNT equate possession.

Question 27

Presence of WEAPON in stolen vehicle

Answer 27

presumptive evidence of possession by ALL occupying vehicle at time WEAPON was found