Theft

Question 1

LARCENY (C/L)

Answer 1

Trespassory taking and carrying away of personal property of another with intent to steal (permanently deprive the possessor of the property).

Question 2

LARCENY: MENS REA

Answer 2

Mens rea is intent to steal – depriving owner of the property permanently. But this is not a wholly inflexible standard (just need the intent to deprive)

Question 3

LARCENOUS TRESPASS

Answer 3

May be either actual or constructive trespass.

Question 4

CONSTRUCTIVE TRESPASS

Question 5

ACTUAL TRESPASS

Question 6

ACTUAL POSSESSION

Question 7

CONSTRUCTIVE POSSESSION

Question 8

CUSTODY

Answer 8

A person has custody of property usually has it physically and/or within his use in a temporary/limited way, but the rightful possessor maintains constructive possession of the property throughout if the person with custody trespassorily takes possession of the property he commits larceny (Jones).

Question 9

LARCENY BY TRICK

Answer 9

Occurs when the defendant obtains possession of (but not title to) another’s property by fraud or trickery; fraud vitiates consent and takes the place of the trespass.

Question 10

CONTINUING TRESPASS

Answer 10

The initial trespass continues as long as the wrongdoer remains in possession of the property that is the subject of the prosecution. It’s as if a new trespass taking occurs at every moment of time.

Question 11

BAILEES

Answer 11

Individuals who have possession of closed containers but only custody of their contents (Mafnas).

Question 12

CLAIMS OF RIGHT

Answer 12

The common law and MPC provide that a person is not guilty of theft if she takes and carries away another’s property believing that it belongs to the actor or that she has some other legal right to take possession (See MPC 223.1(3)).

In such circumstances, the animus furandi—the intent to steal—is lacking.

Question 13

FALSE PRETENSE

Answer 13

A false representation of an existing fact. A false representation can be written, verbal, or conduct-based; non-disclosure alone is generally insufficient (unless duty to disclose).

Question 14

ELEMENTS OF FALSE PRETENSE

Answer 14

(1) false representation of an existing fact;

(2) made with intent to defraud the property’s owner; and

(3) the property’s owner was defrauded (gave up property in reliance on false representation)

Question 15

FALSE PRETENSE v. LARCENY-BY-TRICK

Answer 15

False pretenses involves transfer of both possession of and title to the property; larceny-by-trick involves transfer of possession only

Question 16

BREAK BULK

Answer 16

When the bailee takes the entire bulk, they are not guilty of larceny; but when they break open the bulk and take a portion or all of the contents, it IS larceny because the taking is trespassory and it is from the constructive possession of another.

Question 17

EMBEZZLEMENT

Question 18

APORTATION

Answer 18

Any movement of the property from the capture is sufficient.

Question 19

LAND AND PROPERTY

Answer 19

Larceny does not apply to things ATTACHED to land or property (you cut down a tree, take the tree you cut down, not larceny).

Question 20

LARCENY: ANIMALS

Answer 20

Wild animals are no one’s property.

Traditionally, applicable to valuable/profitable animals (cattle), but not pets.
Modernly, also applicable to pets.

Question 21

PERISHABLES

Question 22

FORCED SALE

Answer 22

Traditionally, a forced sale where an item is not for sale is larceny.
however, if the item WAS for sale, but the seller refused to sell to the buyer, if the buyer takes the item anyway and puts the money on the counter, it’s not larceny.