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9 Cards in this Set
- Front
- Back
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LARCENY
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Trespassory taking and carrying away of personal property of another with intent to permanently deprive
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Special principles
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- Abandoned property: No larceny b/c not property of another
- Lost/Mislaid property: Knowledge of ownership/ intent must be formed at time of taking - Larceny by conversion: (Bailment) intent to steal must be formed after lawful acquisition of property (rental/loan) |
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Larceny by trick
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Fraud to obtain possession not title.
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EMBEZZLEMENT
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Fraudulent conversion of rightfully entrusted personal property
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Entrustment key to distinction
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Minor employee: larceny
Higher Rank: embezzlement |
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Misappropriation by an employee
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- Employer hands property to his employee, employer still retains possession, employee is guilty of larceny.
- Employee receives his employer's property from a third person (to return to the employer), employee acquires possession, employee is guilty of embezzlement. |
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FALSE PRETENSES
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Obtaining title by means of false representation of past or existing fact
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ROBBERY
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Larceny from the person or immediate presence of victim by means of force or fear or violence or intimidation
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RECEIVING STOLEN PROPERTY |
Receiving of property knowing it to be stolen - Defendant must have knowledge plus intent to permanently deprive owner of possession - Must be stolen |
