Property Crimes

Question 1

Larceny def?

Answer 1

A wrongful taking AND carrying away of property by another by trespass with the intent to permanently deprive.

Question 2

Intent required for larceny?

Answer 2

To permanently deprive

Question 3

What is missing the this definition of larceny? A wrongful taking of property by another by trespass with the intent to permanently deprive.

Answer 3

Needs to be carried away

Question 4

When must the intent to deprive the owner permanently (larceny) exist?

Answer 4

At the time of the taking.

Question 5

If it looks like larceny, but the intent to deprive the owner permanently does not arise until later, then that person can be found guilty of larceny under what theory?

Answer 5

Continuing trespass

Question 6

Taking property in the belief that it is your (or that you have some right to it) is/isn’t CL larceny.

Answer 6

Isn’t

Question 7

Is mistake of law a defense to larceny?

Answer 7

No

Question 8

Embezzlement is . . .

Answer 8

The fraudulent conversion of property of another

Question 9

An embezzler always begins with what?

Answer 9

Lawful possession

Question 10

On the MBE, who is often the embezzler?

Answer 10

A trustee

Question 11

Does embezzlement require asportation?

Answer 11

No

Question 12

Does an embezzler need to receive the benefit?

Answer 12

No

Question 13

False pretenses def?

Answer 13

D persuades the owner of property to convey title by false pretenses (misrepresentation)

Question 14

What is absolutely necessary for false pretenses?

Answer 14

Conveyance of TITLE

Question 15

A false representation in the false pretenses context must concern a ____ or _____ fact, and NOT a _____ fact

Answer 15

Past or present

Future

Question 16

If only possession and not title is obtained my misrepresentation, it is not false pretenses but is instead . . .

Answer 16

Larceny by Trick

Question 17

Definition of robbery?

Answer 17

Taking another’s personal property FROM that person’s presence by force or threat with the intent to permanently deprive.

Question 18

Specific intent of robbery?

Answer 18

Intent to permanently deprive

Question 19

What is missing from this definition of robbery? Taking another’s personal property by force or threat with the intent to permanently deprive.

Answer 19

Must be from that person’s presence

Question 20

The requirement that robbery includes taking property from a person’s presence is very broadly/narrowly drawn.

Answer 20

Broadly.

Question 21

If robbery is by threat, it must be one of what sort of harm?

Answer 21

Imminent

Question 22

Can using a fake gun constitute robbery?

Answer 22

Yes

Question 23

Can simulating a deadly weapon (hands pointed in pocket) constitute robbery?

Answer 23

Yes

Question 24

What is extortion?

Answer 24

Knowingly seeking to obtain property or services by means of a future threat

Question 25

How is extortion unique?

Answer 25

Involves future threats

Question 26

Does extortion require taking property from a person’s presence?

Answer 26

No

Question 27

What is forgery?

Answer 27

The making or altering of a false writing with intent to defraud?

Question 28

Requisite intent for forgery?

Answer 28

Intent to defraud

Question 29

What sort of writings will be subject to forgery?

Answer 29

Anything with an apparent legal significance