Page 25

Question 0

What two elements must be present in order to find a larceny in a finders the situation?

Answer 0

D finds property and:

• formed the intent to permanently deprive at the time of finding
• and there were indications of the property’s true owner on the item and D knew or should have known that reasonable efforts would likely produce the identity of the owner

Question 1

What is a central element to figure out the difference between custody and possession?

Answer 1

The degree of control the employee has over the property

Question 2

If a defendant reasonably believes property has been abandoned, not lost, is it larceny if he takes it?

Answer 2

No

Question 3

What is the MPC stance on finders for larceny?

Answer 3

Punishes failure to make a reasonable effort to return the property regardless of initial intent

Question 4

What is lost property?

Answer 4

Property that has been misplaced by the lawful possessor and not abandoned or mislaid

Question 5

If you accidentally dropped $20, what is that money considered?

Answer 5

Lost property

Question 6

If you find property that is lost by unidentifiable owners, is it larceny to take it?

Answer 6

No

Question 7

If you find property where the owners are reasonably identifiable, and you intend to keep it for yourself, is that larceny?

Answer 7

Yes

Question 8

What is abandoned property?

Answer 8

When the lawful possessor discards it, never intending to take it back

Question 9

Can abandoned property be stolen?

Answer 9

No, because it no longer belongs to anyone

Question 10

What is an example of abandoned property?

Answer 10

Garbage bags put out behind the house

Question 11

What is mislaid property?

Answer 11

Property deliberately set aside by the rightful possessor with the intent of returning to get it, even if they forget where they put it

Question 12

What is an example of mislaid property?

Answer 12

Parking your car around the block and forgetting where it is

Question 13

What is breaking bulk?

Answer 13

A common-law rule where if a carrier breaks into packaged goods and takes part of it, that is larceny because he had possession of the entire package but only had custody of the individual items

Question 14

If a common carrier takes a whole package of goods, what is he guilty of?

Answer 14

Embezzlement

Question 15

What is the continuing trespass/relation back doctrine?

Answer 15

If a defendant gets property through an innocent mistake, with no intent to steal but then later forms intent, he can be guilty of larceny because continuing trespass continues the initial trespassory taking of the item and the criminal intent relates back to the original taking

Question 16

If you accidentally grab someone else’s umbrella, and then later decide to keep it, what are you guilty of and why?

Answer 16

Larceny, through the continuing trespass doctrine

Question 17

Is the continuing trespass doctrine a majority theory?

Answer 17

No, the majority haven’t adopted it

Question 18

If a woman goes to a restaurant and thinks another woman has taken her coat, so she follows her home, breaks in, and takes the coat, but later realizes it isn’t hers, then decides to keep it anyway, what is she guilty of?

Answer 18

• majority CL approach: nothing because she didn’t have the intent to steal when she took the coat
• continuing trespass doctrine: larceny because the original taking was wrongful and the initial trespass continues until the intent to steal is formed and then the two merge to create larceny

Question 19

What is bail?

Answer 19

Entrusting chattel in the care of another

Question 20

What is a Bailee?

Answer 20

A person entrusted with the chattel of another

Question 21

What is a bailor?

Answer 21

A person that entrusts his chattel into the care of another

Question 22

When a bailee accepts possession of goods with no intent to steal, is that custody or possession?

Answer 22

Possession

Question 23

If a bailee receives goods, forms the intent to steal and then later steals them, what has happened?

Answer 23

Larceny by trick

Question 24

If a Bailee gets lawful possession and then steals an entire container of goods, what is he guilty of?

Answer 24

Embezzlement

Question 25

What is an alternative to the continuing trespass theory?

Answer 25

Held in trust

Question 26

What is the held in trust theory?

Answer 26

If a defendant finds property that is reasonably identifiable and intends to return it, but later decides to keep it, the theory is that the property was held in trust and the defendant had lawful possession while waiting for the true owner, but once he decided to keep it, he violated that trust and the continuing position became an embezzlement

Question 27

What is the common carrier doctrine for larceny?

Answer 27

If property is lost or misplaced on a common carrier, the common law says the operator has a duty to take possession of the property and hold it in constructive trust for the rightful owner

Question 28

Examples of common carriers:

Answer 28

Bus, taxi, ship, train, plane

Question 29

If a common carrier takes possession of mislaid property and then later decides to steal it, what is he guilty of?

Answer 29

Embezzlement because he had lawful possession

Question 30

What is the rule for property found in containers for larceny?

Answer 30

If a defendant gets lawful possession of a container and then discovers lost/misplaced property inside, the law is the same as for any other lost thing unless the original owner gave possession knowing something was inside

Question 31

If the original owner of an item gave possession knowing something was inside the container, but didn’t know what it was, what is the split in authority?

Answer 31

• D had lawful possession of everything, so it isn’t larceny to keep the item
• D only had lawful possession of the container and what would normally be expected to be inside it (so keeping anything unexpected is larceny)

Question 32

If you find money in the pocket of a pair of pants you just bought, would that be larceny to keep it?

Answer 32

No, because finding money in a pocket is totally expected

Question 33

If property is delivered by mistake, and you know it at the time of delivery, but take it anyway, what are you guilty of?

Answer 33

Larceny, because you had the intent to permanently deprive

Question 34

If you accidentally give $100 bill to a store clerk thinking it is only $10, and he gives you two dollars’ change, what has happened?

Answer 34

Larceny, if he didn’t also make a mistake

Question 35

If you take delivery of property not realizing it was mistakenly delivered, are you guilty of larceny?

Answer 35

No, because you had rightful position

Question 36

For the intent element of larceny, you must intend to do one of what three things?

Answer 36

Deprive the owner of possession either:

• permanently, or
• for an unreasonable amount of time, or
• with intent to create a substantial risk of permanent loss

Question 37

How is reasonableness decided when it comes to the amount of time that you intend to deprive someone of their goods?

Answer 37

Depends on the item how long reasonable is. Ie: food versus clothes

Question 38

If you intend to keep, destroy, or hold property for ransom, is that enough for intent to permanently deprive for larceny?

Answer 38

Yes

Question 39

Is larceny a specific or general intent crime?

Answer 39

Specific intent

Question 40

What is the MPC approach to intent to permanently deprive for larceny?

Answer 40

Withholding the property long enough that a major portion of economic value is wasted, or with intent to restore only once compensation is given

Question 41

If you dispose of property where it is unlikely to be recovered, is that enough for intent to permanently deprive for larceny?

Answer 41

Yes

Question 42

If you take someone’s property with intent to return it within a reasonable time, have you committed a larceny?

Answer 42

Not so long as you have the ability to return the property

Question 43

If you take property and intend to recklessly use it, then abandon it, is that larceny?

Answer 43

Yes

Question 44

If you abandon property in an area where you intend for the victim to find it again, and you didn’t have intent to permanently deprive when you took it, have you committed a larceny?

Answer 44

Yes if you created a substantial likelihood that the victim would be deprived of his property