Ch. 3 Theft Offenses & Fraudulent Practices (E3/FINAL)

Question 1

The limited right to use property within one’s care but little real discretion regarding how the property is exercised.

Answer 1

What is custody?

Question 2

Why would a restaurant valet only have custody of a customer’s vehicle?

Answer 2

The valet is only tasked with parking a customer’s vehicle for them and nothing more unless otherwise specified by the vehicle’s owner (the customer)

Question 3

The act of taking AND carrying away the personal property of another with intent to deprive of custody permanently.

Answer 3

What is larceny?

Question 4

In larceny, acquiring physical custody of money or physical property.

Answer 4

What is actual taking?

Question 5

In larceny, using an innocent 3rd party to take custody of money or personal property that the accused never physically touched.

Answer 5

What is constructive taking?

Question 6

In larceny, this is the legal term for the actus reus of “carrying away.”

Answer 6

What is asportation?

Question 7

In larceny, the physical moving (via touching) of money or personal property.

Answer 7

What is actual asportation?

Question 8

In larceny, situations in which the accused causes an innocent 3rd party to move money or personal property for them.

Answer 8

What is constructive asportation?

Question 9

Items with value not affixed to land or real estate.

Answer 9

What is personal property?

Question 10

In larceny, this is personal property that must possess a concrete quality (i.e., capable of being physically touched).

Answer 10

What is tangible property?

Question 11

In larceny, this is personal property with value but is not concrete (e.g., services).

Answer 11

What is intangible property?

Question 12

What is the difference between personal property and real property?

Answer 12

Personal - not fixed to the ground

Real - fixed to the ground

Question 13

Give an example of real property, and explain why it cannot be subjected to larceny.

Answer 13

Real estate because a house is fixed to the ground, and you cannot realistically carry a house away

Question 14

What is the difference between grand larceny and petit (petty) larceny?

Answer 14

Grand - larceny of personal property exceeding a predetermined monetary value (typically $100)

Petit - larceny of personal property that does NOT exceed a predetermined monetary value (i.e., less than grand larceny)

Question 15

With regards to larceny guidelines, these are items left behind intentionally and permanently.

Answer 15

What is abandoned property?

Question 16

SCENARIO: You have been driving past the same dining room table that’s been sitting on the side of Highway 49 for the past 2 weeks. At the end of the 2nd week, you take that table home to refurbish it. The owner comes for it a few days later and finds that it is gone. Did you commit larceny? Why?

Answer 16

No, because you did not intend to permanently deprive the owner of the table. Any reasonable person would have assumed that table was abandoned property

Question 17

What are the 3 off-shoots of larceny?

Answer 17

1) Unauthorized use
2) Receiving stolen property
3) Theft of services

Question 18

In what way does “unauthorized use” not amount to larceny?

Answer 18

Unauthorized use is very temporary and does not live up to the larceny’s mens rea of “the intent to permanently deprive”

Question 19

In what way does “receiving stolen goods” not amount to larceny?

Answer 19

Receiving stolen goods does not involve larceny’s actus reus of “taking” since the person receiving the goods did not take them

Question 20

In what way does “theft of services” not amount to larceny?

Answer 20

Services are INTANGIBLE property, so theft of services does not live up to larceny’s attendant circumstance of “TANGIBLE, PERSONAL PROPERTY”

Question 21

Discretion regarding the use of property within one’s control or care.

Answer 21

What is possession?

Question 22

Regarding possession, this is the person (3rd party) who is entrusted with the personal property of others.

Answer 22

What is a surety?

Question 23

The act of misappropriation OR conversion of the property of another with intent to deprive one of possession.

Answer 23

What is embezzlement?

Question 24

One actus reus of embezzlement, referring to the unauthorized use of unconverted property.

Answer 24

What is misappropriation?

Question 25

Another actus reus of embezzlement, referring to the transformation of property into something other than its original status.

Answer 25

What is conversion?

Question 26

Possessing title to property.

Answer 26

What is ownership?

Question 27

The act of using false representation with intent to acquire title of the personal property of another.

Answer 27

What is false pretenses?

Question 28

What are the 3 types of false representation?

Answer 28

1) Creating a false impression
2) Reinforcing a false impression
3) Failure to correct (a false impression)

Question 29

The creation OR alteration, with intent to defraud, of a document with apparent legal significance.

Answer 29

What is forgery?

Question 30

Regarding an actus reus of forgery, the making/manufacture of a document.

Answer 30

What is creation?

Question 31

Regarding another actus reus of forgery, the addition, deletion, or manipulation of an existing document.

Answer 31

What is alteration?

Question 32

In reference to forgery, anything with writing on it.

Answer 32

What is a document?

Question 33

For there to be forgery, a document must have “apparent legal significance.” What is another term for something having “apparent legal significance?”

Answer 33

Legal efficacy

Question 34

Passing, with intent to defraud, a forged document.

Answer 34

What is uttering?

Question 35

Regarding theft, what is the act of sneaking away property without permission called?

Answer 35

Stealth

Question 36

Restitution requiring three times worth the property fraudulently acquired.

Answer 36

What are treble damages?

Question 37

Does larceny deal with custody, possession, or ownership?

Answer 37

Custody

Question 38

Does embezzlement deal with custody, possession, or ownership?

Answer 38

Possession

Question 39

Do false pretenses deal with custody, possession, or ownership?

Answer 39

Ownership