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13 Cards in this Set
- Front
- Back
Arson
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The willfull and malicious burning of the dwelling house of another.
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Burglary
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Breaking and entering into a dwellinghouse with the intent to commit a felony.
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Vandalism
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Willful and malicious acts committed with the intent to damage or destroy property of another.
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Malicious Mischief
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The willful and unlawful injury to or destruction of the property of another with the malicious intent to injure the owner. Also known as criminal mischief.
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Trespass
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Entering or surreptitously remaining in a building or occupied structure, or seperately secured or occupied portion thereof, knowing that he or she is not licensed or priviledged to do so.
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What are the elements of arson?
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1. burning
2. a dwelling house 3. the house must belong to or be occupied by another person 4. The burning must be done or caused maliciously |
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Is there a minimum amount of damage that must be done for a fire to constitute arson?
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No
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At common law was it arson if a man burned down his own home?Why or whynot?
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No. because one of the elements of arson are that the dwelling be owned or inhabited by another.
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With modern law, what factors do officials use to determine the degree of arson?
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1. proterty value
2. use of property 3. whether the biulding is inhabited |
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What are the elements of malicious mischief?
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1. Malice
2. Intent 3. Injury or destruction 4. property of another |
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What are the elements of burglary?
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1. breaking;
2. an entry; 3. a dwelling house; 4. of another; 5. in the nighttime; 6. with intent to committ a felony |
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As far as common law is concerned as it pertaints to the elements of burglary: Define nighttime?
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The period between sunset and sunrise.
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What two significant changes have been made to common law arson to make it what we know it as today?
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1.provides punishment for the burning of sructures other than homes.
2. provides penalty for defrauding insurance providers |