Legal Term 9

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Larceny

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The wrongful taking and carrying away of personal property of another with the intent to steal

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Broken down into its elements, the crime consistes of the following:

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1. a wrongful taking
2. a carying away
3. personal property
4. of another
5. with intent to steal

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Wrongful Taking

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means a trespass to someone else's possession of personal property.

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Carrying away, also called asportation in legal terminology

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this act involves a removal of the property from the place it formerly occupied

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Attempted larceny

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an attempt to commit larceny, falling short of its commission

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Personal property (also called goods of chattels)

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defined as everything that is the subject of ownership not coming under the category of real estate.

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Chose in action
check, draft, or promissory note,

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is evidence of a right to property but not the property itself.

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Real property

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(land or anything permanently affixed thereto) is not the subject of larceny unless made so by statute

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Property of another

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a person cannot commit larceny of his or her own property, with the exception of stealing his or her own property from a bailee

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Bailee

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one to whom it (property) has been rightfully entrusted.

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Custody

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is the care and keeping of anything

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Possession

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is the detention oand control of anything.

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Constructive possession

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is possession not actual but assumed to exist

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Animus furandi

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an intent to steal

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Petit larceny
degree of larceny
$250 or less is petit larceny

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usually referred to as petty larceny-usually a misdemeanor

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Grand larceny
another degree of larceny

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usually a felony

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Embezzlement

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essentially a breach of turst, same elements as larceny except it is a rightful taking

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Larceny by false pretenses, also called criminal fraud

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the act of knowingly and deliberately obtaining the property of another by false pretenses with intent to fraud.

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Prosecution

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(the state bringing the action)to distinguish among them.

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Bribery

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the giving or receiving of a reward to influence any official

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Extortion

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is defined as the corrup demanding or receiving by a person in office of a fee for services that should be performed gratuitously

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Coercion

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means compelling someone to do something by threat or force

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RICO

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(acronym for the Racketeer Influenced andy Corrup Organizations Act)
To stop organized crime from invading legitimate businesses

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Racketeering

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activities of organized criminals who extort money from legitimate businesses. Includes robbery, arson, bribery, and extortion

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Mail fraud, wire fraud and comuter fraud

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the offense of using mail, wire, or computers to obtain money, property, or services by false pretenses

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receiving stolen goods

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the crime to buy, receive, or aid in the concealment of stolen or embezzled property, knowing it to have been stolen.

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Circumstantial evidence

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Evidence of an indirect nature, such as paying an unreasonably low purchase price for goods.

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Forgery

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defined as the fraudulent making or altering of a writing whereby the rights of another might be prejudiced.

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Efficay

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Effectiveness

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Fraud in esse contractus

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To obtain someons genuine signature
Ex. person signs a promissory note thinking he or she is signing a receipt or other instrument

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uttering

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means offering a forged negotiable instrument ot another person, knowing it to be forged and intending to defraud

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Wire Fraud

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Using the wires to obtain money, property, or services by false pretenses

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Forgery

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the fraudulent making or altering of a writing

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Chose in action

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evidence of a right to property but not the property itself

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Custody

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the care and keeping of anything

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Possession

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The detention and control of anything

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Grand larceny

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larcey that is a felong

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Bailee

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one to whom personal property is given under a bailment contract

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Criminal fraud

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knowingly and deliberately obtaining the property of another by false pretenses with intent to defraud

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Extortion

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the corrupt demanding or receiving by a person in office of a fee for services that should be performed gratuitously

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Mail fraud

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using mail to obtain money, property, or services by false pretenses

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Asbortation

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the carrying away of goods

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Effectiveness

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efficacy

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Racketeering

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Activities of organized criminals who extort money from legitimate businesses

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Attempted larceny

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an attempt to commit larceny, falling short of its commission

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Petit larceny

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larceny that is a misdemeanor rather than a felony

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Receiving stolen goods

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the buying, receiving, or aiding in the concealment of stolen or embezzled property, knowing it t have been stolen

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Larceny

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the wrongful taking and carrying away of personal property of another with the intent to steal

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Chattels

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anything that is the subject of ownership other than real property

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Coercion

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compelling someone to do something by threat or force