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8 Cards in this Set

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DEFINE: LARCENY by TRICK
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 Ⓥ
DEFINE: FALSE PRETENSES
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 Ⓥ
What is distinguishing characteristic of FALSE PRETENSES?
False Pretenses: Disting. Char.

= that TITLE PASSES
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]
DEFINE: EMBEZZLEMENT
Embezzlement:
MR: Intent to
AR: 1. FRAUDULENTLY CONVERT
2. Another's Pers. Property
3. At time when chattel was RIGHTFULLY in Δ's possession
DISTINGUISH:
Larceny
&
Embezzlement
Embezzlement -- involves MISAPPROPRIATION by Δ who has LAWFUL POSSESSION
***As opposed LARCENY where chattel is merely in Δ's custody
DESCRIBE:

CONVERSION element of Embezzlement
Conversion:
Must amount to a SERIOUS INTERFERENCE w/owner's rights

EX: to SELL, DAMAGE or WITHHOLD the property
What negates the Mens Rea of Embezzlement?
MR of Embezzlement may be NEGATED by
1. Claim of Right
2. Intent to restore the EXACT property