Chapter 13 Powerpoint pt. 2 Flashcards Preview

Criminal Justice 130 Survey of Criminal Law > Chapter 13 Powerpoint pt. 2 > Flashcards

Flashcards in Chapter 13 Powerpoint pt. 2 Deck (21)
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1
Q

True or False: Embezzlement did not exist at common law.

A

True

2
Q

What are the central elements to embezzlement?

A

(1) fraudulent conversion
(2) of the property of another
(3) by an individual who is in lawful possession of the property

3
Q

How is embezzlement distinguished from larceny?

A

Distinguished from larceny in that the property taken is lawfully taken possession but then fraudulently converted.

4
Q

Embezzlement= _________ of property of another + intent to permanently deprive another of property

A

conversion

5
Q

Embezzlement= conversion of property of another + intent to permanently deprive another of _______

A

property

6
Q

____________= conversion of property of another + intent to permanently deprive another of property

A

Embezzlement

7
Q

Embezzlement can be a __________ or a ______ depending on the value of the property.

A

misdemeanor

felony

8
Q

What is the difference between embezzlement and larceny?

A

In embezzlement the perpetrator lawfully takes possession and then fraudulently converts the property.
Larceny involves trespassory taking of property from the possession of another.

9
Q

______ ________- 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.

A

False Pretenses

10
Q

The actus reus of false pretenses is is a ______ ____________.

A

factual misrepresentation

11
Q

The ____ ____ of false pretenses requires “knowingly and designedly” with “the intent to defraud.”

A

mens rea

12
Q

The mens rea of false pretenses requires “_________ and _________” with “the intent to defraud.”

A

knowingly

designedly

13
Q

The mens rea of false pretenses requires “knowingly and designedly” with “the _____ to _______.”

A

intent

defraud

14
Q

True or False: False representations that are reckless or made without information do not satisfy the necessary mens rea.

A

False; False representations that are reckless or made without information typically satisfy the necessary mens rea.

15
Q

False pretenses= ____________ or ______ + inent to steal property + victim relies on misrepresentation and conveys title and possession

A

misrepresentaion

deciet

16
Q

False pretenses= misrepresentaion or deciet + inent to _____ ________ + victim relies on misrepresentation and conveys title and possession

A

steal property

17
Q

False pretenses= misrepresentaion or deciet + inent to steal property + victim relies on ____________ and conveys _____ and _________

A

misrepresentation
title
possession

18
Q

What is the difference between false pretenses and larceny?

A

Larceny requires taking and carrying away of the property while false pretenses requires only a transfer of title and possession

19
Q

True or False: Expression of an opinion (puffing) constitutes false pretenses.

A

False; Expression of an opinion (puffing) does not constitute false pretenses

20
Q

True or False: Past or present fact, not vague promises of a future benefit constitute as false pretenses.

A

True

21
Q

True or False: Silence constitutes false pretenses.

A

True or False; Silence does not constitute false pretenses