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24 Cards in this Set
- Front
- Back
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What are the 5 elements of larceny?
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1)trespassory
2)exercise of dominion and control 3)property 4)of another 5)with intent to permanently deprive |
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Can claim of right be used as a defense for robbery?
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no
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What is claim of right?
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when a defendant was owed property, and as a result took the property in its stead..
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What's the difference between larceny by trick and false pretense?
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in larceny by trick, only possession passes--the owner still retains a constructive right over the property in question. in a false pretense both title and possession pass
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Does the force have to be directed toward the victim in a robbery?
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no
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Does administering drugs/intoxicating substances suffice for the battery requirement of violence in robbery?
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yes
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what is the term for property that the owner has relinquished all rights to?
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abandoned property
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can abandoned property be the property of a larceny?
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no because the property does not belong to ANOTHER
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what is the term for property that the owner has accidentally relinquished possession and no longer knows where it is?
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lost property
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what is the term for property that the owned purposely put somewhere but forgot that location?
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mislaid property
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Who does lost/mislaid property belong to?
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constructively, to the owner--not the finder
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if there's a clue to ownership and the defendant fails to attempt to contact that owner, will he/she be criminally liable?
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yes
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what are four exemplars of violence in robberies?
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-jackrolling (administering intoxicating substance to victim)
-purse-snatching -pick pocketing -carjacking |
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what are the three considerations for intimidation in robbery?
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1 - nature of the threat (serious bodily harm)
2 - target of threat - not necessarily the victim 3 - immediacy |
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what's the difference between robbery and extortion?
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the intimidation in robbery involves threat of IMMEDIATE violence...extortion is by threat of FUTURE harm
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what was the original case that led to the creation of the embezzlement offense?
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the pickle wagon case.
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what are the 6 elements of embezzlement?
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1)fraudulent intent
2)conversion 3)property 4)of another 5)by someone who's already in lawful possession of the property 6)with intent to permanently deprive |
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if the defendant did NOT have any intent to permanently deprive the owner of the property at the time of CONVERSION, does this count for embezzlement?
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no
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define false pretense
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title and possession passed based on a materially false misrepresentation
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what are the 5 elements of false pretenses?
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1)property
2)materially false misrepresentation 3)obtaining title 4)scienter 5)with intent to permanently deprive the owner |
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historically, when the defendant gained title through larceny by trick, was he/she guilty of larceny?
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no
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Will a false future fact suffice for a materially false misrepresentation under false pretenses?
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no
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does the materially false misrepresentation have to be the sole cause for the victim's passing of title and possession?
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no, it just has to be one of the major deciding factors...
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what are the three components of scienter?
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1)knowing that the representation is false
2)believing that the representation is false 3)knowing that you don't know if the representation is false or not |
