Deck 7: Property and Related Crimes

Question 1

The oldest common law theft crime is ___________________, which is the most frequently committed serious crime in the United States.

A) burglary
B) motor vehicle theft
C) arson
D) larceny-theft

Answer 1

D

Question 2

Under common law, _____________________ was the only type of theft punishable as a crime. It was defined as the unlawful taking, carrying, leading, or riding away of property from the possession of another with the intent to steal.

A) burglary of a building
B) burglary of a habitation
C) larceny-theft
D) cattle theft

Answer 2

C

Question 3

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.

A) petit larceny
B) custody
C) constructive possession
D) actual possession

Answer 3

C

Question 4

An exception to the requirement of actual possession crept into the law as judges attempted to deal with the problems that occurred with ______________, a person to whom goods are entrusted by a ______________.

A) trustee; custodian
B) bailor; bailiff
C) bailee; bailor
D) bailiff; bailee

Question 5

Which of the following was an element of common law burglary but is not an element retained in some modern statutes, or made relevant only to punishment in others?

A) forcible breaking and entry
B) the actor entered with intent to commit a crime that is mala prohibita
C) the building is someone's home
D) during the nighttime

Question 6

Larceny?theft, which is the most frequently committed serious property crime in the United States, accounted for ___________ of these crimes in the United States in 2014?

A) 56.4%
B) 60.4%
C) 70.8%
D) 85.9%

Question 7

Which of the following is not an element of common law arson?

A) the gratuitous
B) burning
C) of the dwelling
D) of another

Question 8

Although some jurisdictions have retained the common law definition of arson and others have expanded it, all require one element in common, that is,

A) the intent must be to damage or destroy the structure
B) intent to deprive the owner of possession of the property
C) it must be a dwelling
D) it must be a dwelling of another

Question 9

Embezzlement requires there to be a(n):

A) trespassory taking
B) asportation
C) conversion
D) real property involved

Question 10

The oldest of the federal statutes, passed in 1872, that covers crimes traditional considered to be state issues:

A) mail fraud statute
B) consolidated theft statute
C) elder fraud abuse statute
D) securities fraud statute

Question 11

Sarbanes-Oxley is a statutory attempt to penalize corporate crime. It contains new laws concerning:

A) obstruction of justice
B) insider trading
C) securities fraud
D) violation of fiduciary duties

Question 12

Sarbanes-Oxley is the first and only federal statute to provide for______________________ claims to protect fired employees.

A) insider trading
B) whistle-blower
C) securities fraud
D) fraud in the inducement

Question 13

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.

A) insider trading
B) securities fraud
C) false pretense
D) health care fraud

Question 14

In the crime of false pretense, the false representation is of a:

A) contemporaneous event
B) simultaneous event
C) future event
D) past or present fact

Question 15

Motor vehicle crimes are significant, with thefts resulting in ________ in losses in 2014.

A) 10 billion
B) 4.5 billion
C) 1 billion
D) 500 million

Question 16

A _________________ is the person in the middle between the thief and a purchaser of stolen goods.

A) lawyer
B) jobber
C) fence
D) gatekeeper

Question 17

Receiving stolen property has four elements. Which of the following is not one of them?

A) receiving the property
B) the property is stolen
C) regardless of the actor's knowledge
D) with the intent to deprive the owner of the property

Question 18

______________________ is a property crime similar to larceny-theft in that it involves a crime against the property of another but dissimilar in that it does not require taking the property away or intending to deprive the owner of possession.

A) Unauthorized use
B) Fraud in the taking
C) Reckless destruction
D) Malicious mischief

Question 19

In the crime of _____________________ the act that is punished is the entering or remaining in or on the premises of another.

A) burglary
B) attempted burglary
C) malicious mischief
D) trespass

Question 20

How are cybercrime and computer crime distinguishable from each other?

A) Cybercrime involves banking information
B) Computer crimes involve banking information
C) Cybercrime involves the use of the Internet
D) Computer crime involves the use of the Internet

Question 21

In 2014, burglary constituted __________ of the four serious property offenses, and most of these crimes were residential burglaries.

A) 13.6%
B) 15.8%
C) 17.4%
D) 20.9%

Question 22

Between 2013 and 2014, reports of burglary, larceny-theft, motor vehicle theft, and arson offenses dropped by:

A) 2.5%
B) 4.3%
C) 6.2%
D) 8.9%

Question 23

What phrase was used in common law to refer to the unlawful taking away of goods from an owner's possession?

A) Theft
B) Larceny
C) Trespassory taking
D) Stealing

Question 24

Which of the following refers to a smaller theft than that of grand larceny?

A) Small larceny
B) Constructive larceny
C) Larceny by trick
D) Petit larceny

Question 25

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.

A) Curtilage
B) Home
C) Dwelling area
D) Perimeter

Question 26

Discuss the differences between the common law crime of larceny-theft and the modern approaches to the theft offenses.

Question 27

When you arrive at home shortly after 5 p.m. you discover your home has been subjected to a break-in during the day and most of your property is missing. Discuss the difference between this offense today and at the common law.

Question 28

Explain the likely outcome under the common law of a taking of personal property that was not trespassory in nature.

Question 29

Explain the historical significance of the legal fiction of "constructive possession" and its modern application.

Question 30

Explain the difference in the bailee-bailor exception and the master-servant exception on the issue of possession.

Question 31

Explain how the statutory scheme of consolidation of theft differs from the older statutory schemes.

Question 32

A approaches the home of B intending to break in and steal his property. Upon arrival he finds the door standing open, enters, and indeed steals B's property. A is charged with burglary and tried under the common law. What would be the result of the trial, and why?

Question 33

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?

Question 34

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.

Question 35

If A entered the dwelling of B without an intent to commit a felony therein and once inside decided to commit a felony, what would be the result under the common law, and how does that differ from the modern code approach?

Question 36

Explain the intent element in the crime of arson.

Question 37

Discuss the significance of conversion in embezzlement, and distinguish the crime from larceny-theft under the common law.

Question 38

Under the securities acts many specific acts are prohibited. Which element is the most important and hardest to prove, and why?

Question 39

With reference to the crime of false pretense, explain the difference between false representations and false promises and its significance.

Question 40

Define forgery.

Question 41

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.

Question 42

Provide an example of extortion.

Question 43

List the elements of burglary. Define each element and discuss the difference between the common law interpretations of these elements, with modern burglary statutes.

Question 44

What constitutes burning under arson statutes? Identify how the statutory definition differs between jurisdictions.

Question 45

What is the Sarbanes-Oxley Act (SOX) of 2002? Explain what is meant by a whistle-blower claim.