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Question 1

Possession v custody

Answer 1

Person with physical control, generally has poss unless she 1. has temp extremely limited authorization to use prop (cust) 2. Received property from employer to use during course of employment. These situations are custody.

Question 2

Custody

Answer 2

Physical control but substantial restrictions on it use. (Customer). Person with custody can commit larceny if AR/MR are met

Question 3

Possession

Answer 3

Sufficient control over propery to be bale to use it in a r easonably unrestricted manner. (owner/tow truck)

Question 4

sig of possession

Answer 4

Larcnecy requires trespassory tkaing, taking isnt trespassory if you have possession

Question 5

Larceny Rule

Answer 5

Trespassory taking and carrying away of the personal propert of anyother w. intent to permanetly deprive

Question 6

Larceny elements

Answer 6

AR Trespassry taking and carrying away (slightest move counts)
MR W/ intent to permanently deprive the possessor of he propery

Question 7

Robbery

Answer 7

larceny +force (however slight) or threat of force

Question 8

Continuing trespass doc

Answer 8

Every moment you have propery you are continuously trespassing waiting for MR to catch up to AR

Question 9

Lost and mislaid property

Answer 9

Nt guilty of larency unless: 1 Knows or reaosnabkly grounds to no the owner can be found 2. He had wrongful intent when he picked it up ( per deprive)

Question 10

Theft by false pretenses

Answer 10

V intends title to pass
AR: False representation that owner relies in in part of flse presentes and is defrauaded
MR intent to defraud owner of the property
EX counterfeit cash, baby shower but not preg

Question 11

Larency by trick

Answer 11

Pear rule–v tricked into giving. Consent to posses that is obtained by fraud INST VALID. V intends for possesson to transfer

Question 12

Trespass

Answer 12

D takes poss of the victims pers propert without consent or without justification for lack of consent

Question 13

Embezzlement

Answer 13

Fill gaps of larecny
AR- D obtains possession in lawful manner ( t rust relatonship)
MR D intends to deprive the other of the propty permentantly

Question 14

possession custody eg

Answer 14

Employer-employee = cust
Employer-comployee-mechanic-eomplyee= poss

Question 15

speicial probably of bailees

Answer 15

Bailee has poss under the law! There is no tress taking..

Question 16

breaking bulk doctrine

Answer 16

solution to the bailee problem: Bailee has possession of the bale: but not the concents. once they open =larceny!