SU 1.4

Question 1

What is Malicious injury to property?

Answer 1

It is the unlawful and intentional damaging of
a. another’s immovable or movable property, or
b. own insured property in circumstances where it is his intention to claim his loss from the insurer.

Question 2

Elements of Malicious injury

Answer 2

1. Damaging
2. Immovable or movable property
3. Unlawfulness
4. Intention

Question 3

What is Arson?

Answer 3

it is the unlawful and intentional setting of fire of
a. another’s immovable property, or
b. own insured property in circumstances where it is his intention to claim for his loss from the insurer.

Question 4

Elements of Arson

Answer 4

1. Setting fire to
2. Immovable property
3. Unlawfulness
4. Intention

Question 5

What is theft?

Answer 5

Theft is the unlawful and intentional appropriation of movable, corporeal property, which
1. belongs to and is in possession of another
2. belongs to another but is in the perpetrators own possession

Question 6

Forms of theft

Answer 6

1. Removal of property
2. Appropriation of possession
3. Embezzlement
4. Theft of credit

Question 7

Removal of property

Answer 7

X removes property belonging to somebody else from that person’s possession and appropriates it.

Question 8

Embezzlement

Answer 8

X appropriates another’s property which she already has in her possession.

Question 9

Appropriation of possession

Answer 9

X removes her own property, which is in lawful possession of another and appropriates it.

Question 10

Theft of credit

Answer 10

it is the unlawful appropriation of trust funds.

Question 11

Property capable of being stolen

Answer 11

1. Property must be movable
2. Property must be corporeal
3. Property must be in commercio

Question 12

Property not capable of being stolen

Answer 12

Res nullius - property being to nobody
Res derelictae - property that is abandoned
Res communes - property being to everyone