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Question 0

Can a manager or supervisor be guilty of larceny if they convert property?

Answer 0

No, embezzlement

Question 1

How is the defendant’s possession considered lawful for embezzlement?

Answer 1

If it is gotten by receiving property with the owner’s effective consent or finding lost property, or taking property without intent to steal

Question 2

If you were given the wrong coat at a coat check, you don’t realize it until later when you decide to keep it, what are you guilty of and why?

Answer 2

Embezzlement because when you thought it was your own coat, you had lawful possession

Question 3

What is obtaining property by false pretenses?

Answer 3

Defendant obtains both title and possession of property by fraud

Question 4

What type of intent crime is false pretenses?

Answer 4

Specific intent, so defendant had specific intent to get title to the victim’s property by fraud

Question 5

How is buying a car with a forged check considered false pretenses?

Answer 5

Because title would pass to the defendant

Question 6

If larceny applies, does false pretenses also??

Answer 6

No

Question 7

If you buy something with counterfeit bills, what crime have you committed?

Answer 7

False pretenses, because you defrauded the store into transferring property to you with intent to steal

Question 8

If you go to a store and buy something on credit, but then decide to keep the item and not pay, what crime have you committed?

Answer 8

Nothing, because the intent to steal was formed later, unless continuing trespass applies

Question 9

What are the elements of false pretenses?

Answer 9

• knowing false representation
• material past or present fact
• reliance by V
• passing of title/possession to D
• intent to and actual defrauding of V

Question 10

If something is said that is actually true, even though the person thinks it isn’t, can that count for false pretenses??

Answer 10

No, because the representation must be false and the defendant must know it was false

Question 11

If the statement was false when it was made, but things changed and it became true, can that be a false representation for false pretenses?

Answer 11

No

Question 12

If you have reckless disregard about the truth of something, can that be a false representation for false pretenses?

Answer 12

Yes

Question 13

What are the ways that a false representation can happen for false pretenses?

Answer 13

• oral
• written
• unspoken conduct
• nondisclosure when something is done to reinforce a false impression

Question 14

Can silence be enough for a false representation for false pretenses?

Answer 14

Usually no

Question 15

When is there a duty to correct a misunderstanding in a false pretenses situation?

Answer 15

If the misunderstanding is created by the defendant or the defendant is a fiduciary to the victim

Question 16

In order for there to be false pretenses, the false representation must be what?

Answer 16

About a material fact

Question 17

Can a false representation for false pretenses be about a future fact or future conduct?

Answer 17

• Majority: no, only present or past because false promises are impossible to punish since you don’t know if they just changed their mind
• Minority: yes

Question 18

Can seller’s talk or puffing count as a false representation for false pretenses?

Answer 18

No

Question 19

The misrepresentation for false pretenses has to be about what and not what?

Answer 19

Fact not opinion

Question 20

If a waitress brings you a bill for food that is lower than you know it should be, and you pay the amount the receipt says, what have you committed?

Answer 20

False pretenses because you made a statement through your conduct, paying, that the bill was the correct amount, and since you knew it wasn’t, your false statement was intentional

Question 21

What is the reliance element of false pretenses?

Answer 21

D’s conduct must cause the victim to pass title or money to the D (because he relied on the misrepresentation)

Question 22

Does reliance have to be reasonable for false pretenses?

Answer 22

No

Question 23

What is required for the passing of title to the wrongdoer for false pretenses?

Answer 23

Defendant, or someone connected to him, must get actual transfer of title

Question 24

How do you get transfer of title for false pretenses?

Answer 24

From property being sold to the defendant, or money being paid to the defendant

Question 25

What must the defendant know for a false pretenses charge?

Answer 25

That the representation was false, or have reason to believe it was false, or doesn’t know whether it was true but says it was true

Question 26

Can an unintentional false representation or negligence suffice for false pretenses?

Answer 26

No, defendant must know the representation is false

Question 27

How could there be a concurrence issue for false pretenses?

Answer 27

If the defendant didn’t have knowledge of falsity and intent to defraud at the same time

Question 28

What is forgery?

Answer 28

False making or altering of a legally significant instrument with the intent to defraud

Question 29

To have a forgery the alteration must be what?

Answer 29

Material, in that it changes the legal meaning or effect of the document

Question 30

If you fraudulently and materially alter a receipt, invoice, or other similar instrument, what have you done?

Answer 30

Committed forgery

Question 31

What is an example of forgery?

Answer 31

Altering a credit card invoice from three dollars to $23

Question 32

What type of crime is forgery?

Answer 32

Specific intent, so it must be proven that the defendant changed the document with intent to defraud others or make some other wrongful use of the document

Question 33

When is the crime of forgery complete?

Answer 33

As soon as the document is created or altered with fraudulent intent

Question 34

What kind of crime is forgery?

Answer 34

At CL it is a misdemeanor, but modernly it is usually a felony

Question 35

Generally when you see forgery on an exam, you are meant to discuss what?

Answer 35

Larceny by trick, because there was a forging of documents to steal something, or uttering if the document was actually used

Question 36

What does the fraudulent element of forgery mean?

Answer 36

Defendant must have intent to make wrongful use

Question 37

What is required for a making for forgery?

Answer 37

• creation of a new document
• altering of an existing document, or
• inducing someone to sign a document knowing they are unaware of its significance

Question 38

Does the defendant have to use a forged document to be guilty of forgery?

Answer 38

No, but if he does and gets property as a result, he can also be guilty of false pretenses

Question 39

What is required for a false writing for forgery?

Answer 39

Either a writing that is false, or a material alteration

Question 40

If you change the word amount written on a check, what have you done?

Answer 40

Committed a forgery, but the numbers have no legal meaning

Question 41

How do you get apparent legal significance in order to have a forgery?

Answer 41

The writing must have purpose or value beyond the document’s own existence (contract, will, deed, mortgage)

Question 42

If a document is only valuable because of its existence, like a painting or historical document, can that be included in forgery?

Answer 42

No, because it has no legal rights or duties so would have no apparent legal significance

Question 43

What is counterfeiting?

Answer 43

Crime of making false money in the appearance of genuine money