Deck 6: Crimes Against Property and Habitation

Question 1

Which of the following was a material element in common law burglary?

A)Daytime entry
B)Nighttime entry
C)Physically breaking a door or window
D)Entry while armed with a deadly weapon

Answer 1

B

Question 2

Breaking and entering a dwelling with the intent to commit a felony inside is:

A)burglary.
B)surreptitious entry.
C)trespass.
D)breaking.

Answer 2

A

Question 3

Criminal trespass:

A)is equivalent to burglary.
B)does not include the intent to commit a felony inside.
C)is more serious than burglary.
D)is another word for burglary.

Answer 3

B

Question 4

To be guilty of embezzlement, the defendant must have:

A)had lawful custody of the property at the time of the taking.
B)been the victim's employee.
C)had lawful possession at the time of the taking.
D)perpetrated some fraud.

Question 5

The mens rea of common law burglary was:

A)the intent to commit any crime.
B)the intent to break and enter any structure.
C)the intent to damage the structure.
D)the intent to commit a felony inside.

Question 6

Wrongful conversion of property by defendants who already have lawful possession is:

A)false pretenses.
B)receipt of stolen property.
C)embezzlement.
D)larceny by trick.

Question 7

In common law burglary, "dwellings" included:

A)houses under construction but not yet inhabited.
B)any place where people are likely to congregate.
C)outbuildings within the curtilage of homes.
D)the village commons.

Question 8

Larceny requires that the defendant intended to:

A)permanently deprive the victim of possession.
B)temporarily deprive the victim of possession.
C)permanently deprive the victim of ownership.
D)temporarily deprive the victim of ownership.

Question 9

At common law, burning one's own home:

A)was insurance fraud.
B)was commercial arson.
C)was first-degree arson.
D)was not arson.

Question 10

Which of the following is a constructive breaking in the law of burglary?

A)Threatening to harm the occupant unless they open the door
B)Pushing open a closed door
C)Picking the lock of the door
D)Breaking a window pane

Question 11

Larceny's asportation element requires:

A)moving the property into a hiding place.
B)moving the property from its present position.
C)establishing the defendant's control over the object.
D)a trespass against ownership.

Question 12

A "trespassory" taking is one that occurs:

A)on the premises of the owner.
B)in the presence of the victim.
C)without consent or claim of right.
D)by force or threat of force.

Question 13

There is no larceny if the defendant:

A)is an employee of the victim.
B)returns the property taken.
C)has custody of the property at the time of the taking.
D)has possession of the property at the time of the taking.

Question 14

The crime of receiving stolen property requires proof:

A)that the property was stolen.
B)that the defendant knew that the property was stolen.
C)that the defendant received the property.
D)all of the above.

Question 15

Larceny is a crime against:

A)the person.
B)the possession of property.
C)the custody of property.
D)the ownership of property.

Question 16

The offense of false pretenses requires:

A)obtaining possession of property by fraud.
B)misrepresenting future facts.
C)failing to make full disclosure of all facts.
D)misrepresenting past or present facts.

Question 17

The common law's rule that arson involve the property "of another" refers to:

A)the right of ownership.
B)the right of custody.
C)the right of trust.
D)the right of possession.

Question 18

The distinction between petty and grand larceny usually depends upon:

A)a legal appraisal of the item's value.
B)the value placed on the item by the owner.
C)the value of the item to the thief.
D)the market value of the property.

Question 19

Burglary of the dwelling "of another" refers to:

A)the right of ownership.
B)the right of custody.
C)the right of trust.
D)the right of possession.

Question 20

False pretenses is an offense against:

A)title or ownership.
B)possession.
C)custody.
D)habitation.