Theft

Question 1

Larceny

Answer 1

The trespassory taking and carrying away of the personal property of another with the intent to permanently deprive the other person of their property

Question 2

A person is in possession of property if

Answer 2

she has sufficient control over it to use it in a generally unrestricted manner.

Question 3

Constructive possession

Answer 3

If she does not have physical control over it, but nobody else is in actual possession of it

Question 3

Actual possession

Answer 3

if a person has physical control over the property

Question 4

A person is in custody of property if

Answer 4

she has physical control of the property, but her right to use it is substantially restricted E

Question 4

Employer to employee

Answer 4

When an employer furnishes his personal property to his employee for use in the employment relationship, the employer retains constructive possession of the property, the employee has mere custody

Question 4

Third person to employee for employer

Answer 4

When a person furnishes personal property to another person’s employee, in order that it will be delivered to the employer, he transfers possession of the property to the employee

Question 5

Reasonable clue to ownership exists if the finder

Answer 5

1. knows to whom the lost property belongs; or
2. has reasonable ground to believe, from the nature of the property or the circumstances under which it is found, that the party to whom it belongs can reasonably be ascertained

Question 6

Lost property

Answer 6

A person retains constructive possession of his lost property if there is reasonable clue to ownership of it when it is discovered

Question 7

Intangible personal property

Answer 7

property that canot be taken and carried away is not protected by the common law of larceny

Question 8

Embezzlement

Answer 8

occurs when the actor takes possession of the personal property of another in a lawful-non tresspassory manner. After securing lawful possession, the actor converts the property to his own use

Question 9

False pretenses

Answer 9

the victim transfers title, rather than mere possession. The deceiver must make the false representation “knowingly” and with “intent to defraud”

Question 10

False pretenses involves a false representation of an existing fact

Answer 10

• the misrepresentation may be written or oral or can be the result of misleading conduct
• the misrepresentation must be of fact and not of opinion
• the majority rule is that, to constitute false pretenses, a factual misrepresentation must pertain to an existing fact and not involve a promise of future conduct

Question 11

is larceny a specific intent?

Answer 11

yes

Question 12

a trespass occurs.

Answer 12

defendant takes possession of the personal property of another without the latter’s consent or in the absence of justification for the non-consensual taking