Flashcards in Chapter 13 Powerpoint pt. 2 Deck (21):
True or False: Embezzlement did not exist at common law.
What are the central elements to embezzlement?
(1) fraudulent conversion
(2) of the property of another
(3) by an individual who is in lawful possession of the property
How is embezzlement distinguished from larceny?
Distinguished from larceny in that the property taken is lawfully taken possession but then fraudulently converted.
Embezzlement= _________ of property of another + intent to permanently deprive another of property
Embezzlement= conversion of property of another + intent to permanently deprive another of _______
____________= conversion of property of another + intent to permanently deprive another of property
Embezzlement can be a __________ or a ______ depending on the value of the property.
What is the difference between embezzlement and larceny?
In embezzlement the perpetrator lawfully takes possession and then fraudulently converts the property.
Larceny involves trespassory taking of property from the possession of another.
______ ________- Obtaining title and possession of property of another by a knowingly false representation of a present or past material fact with the intent to defraud that causes an individual to pass title to his or her property.
The actus reus of false pretenses is is a ______ ____________.
The ____ ____ of false pretenses requires “knowingly and designedly” with “the intent to defraud.”
The mens rea of false pretenses requires “_________ and _________” with “the intent to defraud.”
The mens rea of false pretenses requires “knowingly and designedly” with “the _____ to _______.”
True or False: False representations that are reckless or made without information do not satisfy the necessary mens rea.
False; False representations that are reckless or made without information typically satisfy the necessary mens rea.
False pretenses= ____________ or ______ + inent to steal property + victim relies on misrepresentation and conveys title and possession
False pretenses= misrepresentaion or deciet + inent to _____ ________ + victim relies on misrepresentation and conveys title and possession
False pretenses= misrepresentaion or deciet + inent to steal property + victim relies on ____________ and conveys _____ and _________
What is the difference between false pretenses and larceny?
Larceny requires taking and carrying away of the property while false pretenses requires only a transfer of title and possession
True or False: Expression of an opinion (puffing) constitutes false pretenses.
False; Expression of an opinion (puffing) does not constitute false pretenses
True or False: Past or present fact, not vague promises of a future benefit constitute as false pretenses.