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8 Cards in this Set
- Front
- Back
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DEFINE: LARCENY by TRICK
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Larceny by Trick:
ACTUS REUS: where Δ 1. Obtains possession of 2. Pers. Property of another 3. By means of Representation or Promise 4. He knows is false 5. At time he takes possession MENS REA: Intent to permanently deprive Ⓥ |
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DEFINE: FALSE PRETENSES
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False Pretenses:
AR: 1. False Representation by Δ 2. of Present/Past MATERIAL fact 3. the RELIANCE on which CAUSES Ⓥ to PASS TITLE to his property 4. to Δ 5. Who knows his repr. to be FALSE MR: Intends thereby to DEFRAUD Ⓥ |
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What is distinguishing characteristic of FALSE PRETENSES?
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False Pretenses: Disting. Char.
= that TITLE PASSES |
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DISTINGUISH:
Larceny from False Pretenses |
Larceny vs False Pretenses:
LARCENY = crime against POSSESSION [Ⓥ has no intent to pass title] FP = crime against OWNERSHIP [Ⓥ intends to pass title] |
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DEFINE: EMBEZZLEMENT
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Embezzlement:
MR: Intent to AR: 1. FRAUDULENTLY CONVERT 2. Another's Pers. Property 3. At time when chattel was RIGHTFULLY in Δ's possession |
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DISTINGUISH:
Larceny & Embezzlement |
Embezzlement -- involves MISAPPROPRIATION by Δ who has LAWFUL POSSESSION
***As opposed LARCENY where chattel is merely in Δ's custody |
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DESCRIBE:
CONVERSION element of Embezzlement |
Conversion:
Must amount to a SERIOUS INTERFERENCE w/owner's rights EX: to SELL, DAMAGE or WITHHOLD the property |
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What negates the Mens Rea of Embezzlement?
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MR of Embezzlement may be NEGATED by
1. Claim of Right 2. Intent to restore the EXACT property |
