Theft And Property Offenses Flashcards

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1
Q

At common law, larceny is:
1.
2.
3.
4.
5.

A
  1. A trespassory taking and
  2. Carrying away of
  3. Personal Property
  4. Of another person
  5. With intent to permanently deprive
    **Several other property offenses build off of larceny
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2
Q

Larceny is divided into degrees based on the

A

Value of the property

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3
Q

Larceny is divided into degrees based on the value of the property. The more valuable the property,

A

The more serious the punishment.

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4
Q

The single larceny doctrine looks to the

A

Circumstances of the offense to determine whether one larceny or multiple offenses have been committed.

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5
Q

The single larceny doctrine looks to the circumstances of the offense to determine wheter one larceny or multiple offenses have been committed. Circumstances to consider include:
1.
2.
3.
4.
5.

A
  1. The location of the items stolen
  2. The lapse of time between their taking
  3. The general and specific intent of the thief
  4. The number of owners
  5. Were there any intervening events between the takings.
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6
Q

Generally, items taken from the same room constitute a

A

Single larceny

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7
Q

The act of larceny is:

A

Taking and aspiration of property from possession of another without consent

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8
Q

The intent of larceny is

A

Intent to permanently deprive the owner of the property

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9
Q

Does title pass in larceny?

A

Title DOES NOT pass

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10
Q

Larceny
Act:
Intent:
Title:

A

Act: Taking and asportation of property from possession of another without consent
Intent: Intent to permanently deprive the owner of the property
Title: Title does not pass

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11
Q

Larceny by Trick Act:

A

Taking and asportiaton of property from possession of another with consent obtained by fraud

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12
Q

Larceny by Trick Intent:

A

Intent to permanently deprive the owner of the property

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13
Q

Larceny by Trick Title:

A

Title does not pass

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14
Q

Larceny by Trick:
Act:
Intent:
Title:

A

Act: Taking and asportation of property from possession of another with consent obtained by fraud
Intent: Intent to permanently deprive the owner of the property
Title: Title does not pass

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15
Q

Embezzlement
Act:

A

Act: Conversion of property held via a trust agreement to one’s own personal use

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16
Q

Embezzlement
Intent:

A

Intent: Intent to defraud the owner

17
Q

Embezzlement
Title:

A

Title DOES NOT pass

18
Q

Embezzlement
Act:
Intent:
Title:

A

Act: Conversion of property held via a trust agreement to one’s own personal use
Intent: Intent to defraud owner
Title: Title does not pass

19
Q

False Pretenses
Act:

A

Act: Obtaining title to property by consent induced by fraudulent misrepresentation

20
Q

False Pretenses
Intent:

A

Intent: Intent to defraud owner

21
Q

False Pretenses
Intent:

A

Intent to defraud owner

22
Q

False Pretenses
Title:

A

Title: Title does pass

23
Q

The difference between armed robbery and common law robbery is

A

The use of a dangerous weapon

24
Q

At common law, a burglary is
1.
2.
3.
4.

A
  1. The breaking and entering of
  2. A dwelling of another
  3. In the nighttime
  4. With intent to commit a felony
    **The modern trend has removed the nighttime element
    **It has also expanded to more buildings than just dwellings, but burglary of a dwelling has a more serious punishment.