NY BAR REVIEW 12 Flashcards

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1
Q

Taking property of another from one with possession

A

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

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2
Q

Strict Scrutiny

A

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

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3
Q

Intermediate Scrutiny

A

Upheld if substantially related to important govt. purpose

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4
Q

Rational Basis

A

Law upheld if rationally related to legitimate govt. purpose

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5
Q

CERTAIN Bill of Rights - NO incorporation to the states

A

2,3,5,7,8

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6
Q

2nd amm

A

right to bear arms

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7
Q

3rd amm

A

right for soldiers quartered

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8
Q

5th amm

A

right to grand jury indictment

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9
Q

7th amm

A

right to jury in civil case

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10
Q

8th amm

A

right against excessive fines

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11
Q

False Promise

A

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.

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12
Q

common law crime against property 5 - Larceny

A
acquire property known to be lost or mislaid, 
issue a bad check,
false promise, 
extortion, 
embezzlement, 
appropriating leased or rented items.
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13
Q

common law crime against property 1

A

Larceny by trespassory taking

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14
Q

common law crime against property 2

A

Larceny by trick

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15
Q

common law crime against property 3

A

False pretenses

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16
Q

common law crime against property 4

A

Embezzlement

includes also real property, computer data or program

17
Q

Megan’s Law

A

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

18
Q

bad check

A

CLASS B MISDEMEANOR- issuing bad check

19
Q

used bad check to obtain property

A

larceny

20
Q

a person drawer or agent puts bad check into circulation

A

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

21
Q

bad check- when defendant DOESNT draw the check but

A

passes it as transfer for purpose other than mentioned.

22
Q

Criminal possession of forged instrument

A

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

23
Q

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

A

merge

24
Q

Possession and larceny DONT _____

A

merge

25
Q

corroboration in reference to receipt of stolen property

A

NOT necessary unless witness and defendant are accomplices

26
Q

motor vehicles in reference to receipt of stolen property

A

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

27
Q

Presence of WEAPON in stolen vehicle

A

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