Crim Law: Crimes Involving Property

Question 1

Crimes involving property

Answer 1

Larceny, Embezzlement, False pretenses

Question 2

Larceny

Answer 2

AR: Taking away another’s property by trespass (w/o valid consent)
MR: Intent to Permanently Deprive

Question 3

Embezzlement

Answer 3

AR: Conversion of property held in trust
MR: Intent to defraud

Question 4

False Pretenses

Answer 4

AR: Taking title to property by misrepresentation (about present or past fact)
MR: Intent to defraud

Question 5

Larceny v. Embezzlement

Answer 5

Difference: Possession

1. larceny - owner originally in possession
2. Embezzlement: criminal originally in possession

Question 6

Larceny Tips:

Answer 6

1. Brief dispossession suffices
2. Thief doesn’t have to keep
3. Person property.
4. Title not given (compared with false pretenses)

Question 7

Bertie’s maid steals ring from safe. What is the crime?

Answer 7

Larceny

Question 8

Bertie’s broker diverts deposits to charity. What is the crime?

Answer 8

Embezzlement

Question 9

Bertie gives mistress his yacht after she falsely claimed to have cancer. What is the crime?

Answer 9

False Pretenses

Question 10

Bertie gives mistress his yacht after she falsely promises to marry him if he divorces. what is the crime?

Answer 10

Nothing. Romantic promises not a crime.

Question 11

Bertie lends her car to a stranger claiming to be cop in hot pursuit. What is the crime?

Answer 11

Larceny

Question 12

Bertie buys fake Picasso sold as real. What is the crime?

Answer 12

False Pretenses

Question 13

Bertie sneaks into maid’s house tot ale watch he thought was his. What crime?

Answer 13

Not larceny, but criminal trespassing.

Question 14

Robbery

Answer 14

Larceny by force or threat of force
AR: taking another’s personal property from his or her presence by force or threat of force.
MR: with intent to permanently deprive (SI)

Question 15

Extortion

Answer 15

AR: Seeking to obtain another’s property by future threat
MR: with Intent to permanently deprive (SI)

Question 16

Compare Extortion with Robbery

Answer 16

1. Victim’s presence is not necessary

2. Harm- need not be immediate or imminent

Question 17

Receiving Stolen Property

Answer 17

AR: Receiving another’s personal property
MR: Knowledge it has been stolen, AND Intent to permanently deprive (SI)

Question 18

Forgery

Answer 18

AR: Making or authoring a writing to make it false
MR: With intent to defraud (SI)

Question 19

Uttering

Answer 19

AR: Offering as genuine a forged document
MR: with the Intent to defraud (SI)

Question 20

Malicious Mischief

Answer 20

AR: Fmaging property of another
MR: Malice (>/recklessness)

Question 21

Burglary: Common Law

Answer 21

AR: Breaking and entering dwelling of another at night.
MR: Intent to commit felony within (SI)
a. Breaking - any force, or by threat or force
b. Entering = any party of body, or any object for committing felony
c. dwelling = someone sleeps

Question 22

Burglary: Modern

Answer 22

AR: Breaking any entering any structure of another at any time
MR: Intent to commit felony within (SI)

Question 23

At night, bertie gently opens unlocked door of Bingo’s home, enters, and steals wheelchair. Is this burglary?

Answer 23

Common law: Yes

Modern: Yes

Question 24

At night, Bertie climbs through open window of Bingo’s home, enters, and steals wheelchair. Is this burglary?

Answer 24

Common Law: NO

Modern Law: No – no force

Question 25

At night, Bertie shoots Bingo through closed window of his home. Is this burglary?

Answer 25

Common Law: yes | Modern: Yes

Question 26

AT night, Bertie asks Bingo to let him in for a potty emergency. In actually, Bertie intended to steal medicines in the bathroom cabinet. is this burglary?

Answer 26

Common Law: yes | Modern: Yes

Question 27

At night, Bertie asks bingo to let him in for a potty emergency. He's sincere , but after potting, sees and steals medicine from cabinet. Is this burglary?

Answer 27

Common law: No | Modern: No

Question 28

At lunch, Bertie opens unlocked door of boss' office and takes iPad. Is this burglary?

Answer 28

Common law: No | Modern: yes

Question 29

Arson - Common Law

Answer 29

AR: Burning dwelling of another MR: Malice (>/ recklessness)

Question 30

Arson - Modern

Answer 30

AR: burning any structure MR: Malice

Question 31

Jeeves torches the hotel where the bar exam would be given. Is this arson?

Answer 31

Common law: Yes | Modern: Yes

Question 32

For good measure, Jeeves torches his old law school as well. Is this arson?

Answer 32

Common law: NO | Modern: Yes

Question 33

Jeeves smokes during a break in the bar exam, and tosses the butt on the grass wihtut realizing it was still lit. The hotel burns down. It this arson?

Answer 33

Common Law; NO | Modern: NO

Question 34

Jeeves burns down his own house for the insurance proceeds. Is this arson?

Answer 34

Common law: NO---house burning. Modern Law: Yes ** Houseburning under CL: maliciously burning own house in city, town, or so near other houses as to pose danger.

Question 35

Criminal Trespass

Answer 35

AR: Entering or remaining on property without authorization MR: Knowing not authorization

Question 36

Possession Offenses

Answer 36

AR: Possession of a prohibited Item MR: knowledge of possession of item (not that it is prohibited). Actual: physically has item Constructive: controls access to item Joint; more than one person may possess item at same time,

Question 37

CAUSATION

Answer 37

1. Relevant for result crimes | 2. Crimina liability requires BOTH actual cause and proximate cause

Question 38

Causation: Actual cause

Answer 38

Cause in fact== BUT FOR d's conduct prohibited result would not have occurred. eg. Homicides--D's conduct shortened victim's life (by any amount of time).

Question 39

Causation: Proximate Cause

Answer 39

Foreseeability. ie. natural and probable consequence of d's conduct. ie. Intervening acts may defeat proximate cause if sufficiently coincidental, free and independent or unforeseeable.

Question 40

Jeeves leaves Bertie, drunk, on side of highway. Another car hits and kills him. Is this proximate cause?

Answer 40

Yes

Question 41

Jeeves leaves Bertie, Drunk, on side of highway. Lightening strikes and kills him. Is this proximate cause?

Answer 41

No

Question 42

Jeeves leaves Bertie, drunk on side of highway. Serial killer picks him up and kills him.

Answer 42

No

Question 43

Jeeves leaves Bertie, drunk, on side of highway. Another car hits him. Rushed to hospital, where negligent care kills him.

Answer 43

Yes