Chat with AIExam 7: Property and Related Crimes
Explain the intent element in the crime of arson.
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Answered by Examlex AI CopilotThe intent element in the crime of arson refers to the mental state of the perpetrator at the time the fire was set. In order to be convicted of arson, the prosecution must prove that the individual intentionally and willfully set fire to a building, structure, or property. This means that the person had the conscious desire to start the fire or was aware that their actions would result in a fire. In some jurisdictions, there are different degrees of arson based on the intent of the perpetrator, such as first-degree arson for intentional and malicious fires, and second-degree arson for reckless or negligent fires. The intent element is crucial in determining the severity of the crime and the appropriate punishment for the offender.
Explain the difference in the bailee-bailor exception and the master-servant exception on the issue of possession.
(47) Answered by Examlex AI CopilotThe bailee-bailor exception and the master-servant exception both deal with the issue of possession, but they do so in different contexts.
The bailee-bailor exception pertains to situations where one party (the bailee) has temporary possession of another party's (the bailor) property for a specific purpose, such as storage or repair. In this exception, the bailee is considered to have possession of the property, but the bailor retains legal ownership. This means that the bailee has a duty to take care of the property and return it to the bailor in the same condition as when it was entrusted to them.
On the other hand, the master-servant exception applies to situations where an employee (the servant) is acting within the scope of their employment and using property belonging to their employer (the master). In this exception, the servant is considered to be acting on behalf of the master, and therefore the possession of the property is attributed to the master. This means that the master is responsible for the actions of the servant in relation to the property, and may be held liable for any damage or harm caused by the servant's use of the property.
In summary, the bailee-bailor exception deals with temporary possession for a specific purpose, where legal ownership remains with the bailor, while the master-servant exception deals with possession in the context of an employment relationship, where the master is considered to have possession of property used by the servant within the scope of their employment.
How are cybercrime and computer crime distinguishable from each other?
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Discuss the differences between the common law crime of larceny-theft and the modern approaches to the theft offenses.
(42) A approaches the home of B intending to break in and steal his property. Upon arrival at the home of B, A broke a window and then discovered the door standing open and entered. What would A be charged with? What would be the result of the trial, and why?
(40) Sarbanes-Oxley is a statutory attempt to penalize corporate crime. It contains new laws concerning:
(34) The oldest common law theft crime is ___________________, which is the most frequently committed serious crime in the United States.
(38) Motor vehicle crimes are significant, with thefts resulting in ________ in losses in 2014.
(36) Although some jurisdictions have retained the common law definition of arson and others have expanded it, all require one element in common, that is,
(36) Under the securities acts many specific acts are prohibited. Which element is the most important and hardest to prove, and why?
(40) One of the legal fictions developed to expand certain situations involving larceny-theft is ________________________, which refers to the condition of having power to control an item along with the intent to do so.
(27) If A goes not to B's home but to his barn, discuss the difference in the charges under the common law and the modern code approach.
(46) Unlike the crime of mail and wire fraud, the crime of __________________ refers to obtaining title to property by falsely representing facts to the owner with the intent to defraud.
(40) What is constructive possession? How does constructive possession differ from actual possession? How has the concept been implemented in modern property crime law? Give an example of a scenario in which an individual has only constructive possession, not actual possession, of personal property.
(37) The oldest of the federal statutes, passed in 1872, that covers crimes traditional considered to be state issues:
(41) Under common law arson, included in the definition of dwelling were pertinent buildings that were within the , such as the enclosed ground, garage, barn, stable, cellar, and other buildings immediately surrounding the dwelling.
(37) In the crime of false pretense, the false representation is of a:
(36) What constitutes burning under arson statutes? Identify how the statutory definition differs between jurisdictions.
(34) List the elements of burglary. Define each element and discuss the difference between the common law interpretations of these elements, with modern burglary statutes.
(35) Explain how the statutory scheme of consolidation of theft differs from the older statutory schemes.
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