Deck 11: Crimes Against Property

Question 1

What legal term describes theft?

A) Larceny
B) Robbery
C) Trespass
D) Fraud

Answer 1

Larceny

Question 2

What legal term describes a substantial step to commit larceny?

A) Petit larceny
B) Attempted larceny
C) Grand larceny
D) Larceny by false pretenses

Answer 2

Attempted larceny

Question 3

What Latin term describes the essential element of larceny?

A) Animus cancellandi
B) Animus recuperandi
C) Animus furandi
D) Animus lucrandi

Answer 3

Animus furandi

Question 4

What term describes the detention and control of anything?

A) Possession
B) Custody
C) Trustee process
D) Constructive possession

Question 5

What is a negotiable instrument?

A) Promissory note
B) Pay check stub
C) Will
D) All of the above

Question 6

What is the subject to larceny?

A) Stain glass window
B) Pine tree growing in a forest
C) Personal check
D) Potted palm tree

Question 7

What crime has been created by statute to fill the gap in the law of larceny?

A) White-collar crime
B) Embezzlement
C) Petty larceny
D) All of the above

Question 8

What is embezzlement?

A) Farmers cutting down and carrying away trees growing on their neighbors' property
B) Customer trying to steal jewelry from a mannequin in a department story
C) Fruit picker in California taking $300 worth of oranges
D) Lawyer depositing clients' money into his or her own bank account for personal use

Question 9

What is another term for larceny by false pretenses?

A) Criminal fraud
B) Unlawful fraud
C) Illegal fraud
D) Illicit fraud

Question 10

What is an element of larceny by false pretenses?

A) Intent to buy stolen goods
B) Intent to borrow the property of another
C) Intent to defraud
D) Intent to forge a signature of another

Question 11

What is now a type of extortion?

A) Public figure extortion
B) Public servant extortion
C) Official figure extortion
D) Bureaucrat extortion

Question 12

Who commits the crime of bribery?

A) Person giving an award to a public official
B) Public official receiving an award from a person
C) All of the above
D) None of the above

Question 13

What crime is considered inverse to bribery?

A) Asportation
B) Extortion
C) Coercion
D) Larceny by false pretenses

Question 14

What criminal activity is included in the definition of racketeering?

A) Extortion
B) Bribery
C) Arson
D) All of the above

Question 15

What metaphor describes criminal activities of making "dirty" money look like earned legitimately?

A) Money washing
B) Money laundering
C) Money cleaning
D) Money cleansing

Question 16

What crimes are included in the definition of racketeering?

A) Mail fraud
B) Wire fraud
C) Computer fraud
D) All of the above

Question 17

What is involved in the crime of receiving stolen goods?

A) Buying stolen goods
B) Receiving stolen goods
C) Aiding in the concealment of stolen goods
D) All of the above

Question 18

Who can be convicted of the crime of receiving stolen goods?

A) Eva receives a stolen ring from Mark, and she believes he found it
B) Eva receives a stolen ring from Mark, and she knows he stole it
C) Eva finds a ring and keeps it, not knowing that it belongs to Mark
D) Eva finds a ring and keeps it, not knowing that Mark stole the ring and lost it

Question 19

Which writing is the subject matter of forgery?

A) Personal letter
B) Personal check
C) Lecture notes
D) Personal diary

Question 20

What is fraud in essence?

A) Fraud in esse contractus
B) Fraud as to the essential nature of the contract
C) All of the above
D) None of the above

Question 21

Generally, one cannot commit larceny of his or her own property.

Question 22

To constitute larceny, the property must be taken from the custody of another.

Question 23

The dollar amount dividing two degrees of larceny differs from state to state.

Question 24

The crime of embezzlement came from the common law.

Question 25

During the crime of embezzlement, "rightful borrowing" occurs.

Question 26

Larceny by wrong pretenses is a crime created by legislators to fill a gap in common law larceny.

Question 27

Some states have combined larceny, embezzlement, and larceny by false pretenses into one statute.

Question 28

It is illegal for public officials to demand payment from others for doing official acts.

Question 29

When public officials demand payment from others for doing their official acts, it is public coercion.

Question 30

RICO is an acronym for the Racketeer Influenced and Criminal Organizations Act.

Question 31

"White collar crime" is committed by persons of high status in the course of their employment.

Question 32

Even when people did not know that goods that they were receiving were stolen, they can be found guilty.

Question 33

In determining guilt or innocence of people accused of the receiving of stolen goods, circumstantial evidence is relevant.

Question 34

Offering a forged instrument is forgery.

Question 35

It is possible to commit forgery by signing one's own name.

Question 36

At common law, a negotiable ________ was not the subject of larceny.

Question 37

A carrying away of the property of another is an element of ________.

Question 38

When bailee was entrusted with another's property and appropriated it to his or her own use, this person committed the crime of ________.

Question 39

A crime created by legislators to fill a gap in common law larceny is criminal ________.

Question 40

Giving money to public officials to influence their official activity is ________.

Question 41

Activities of organized criminals extorting money from legitimate businesses is called ________.

Question 42

A federal statute referred to as ________ is aimed to stop organized criminal activity from invading legitimate businesses.

Question 43

Indirect evidence requiring someone to draw an inference about a fact is called ________.

Question 44

To commit forgery, fraudulent ________ is necessary.

Question 45

The subject matter of forgery must be a document having legal ________.

Question 46

Match the terms with their descriptions:

-Embezzlement

A) Offering a forged instrument to another with intent to defraud
B) Effectiveness
C) Buying, receiving, or aiding in the concealment of stolen property, knowing that it has been stolen
D) Offense of using computers to obtain money by false pretenses
E) Crime involving a breach of trust and consisting of the same elements as larceny
F) Term coined by sociologist Edwin Sutherland in 1939
G) Taking away of the property from the place it formerly occupied
H) Gaining of money through unlawful threat to the money's owner
I) Larceny by false pretenses
J) One to whom a property has been rightfully entrusted, but not sold or given as a gift

Question 47

Match the terms with their descriptions:

-Efficacy

A) Offering a forged instrument to another with intent to defraud
B) Effectiveness
C) Buying, receiving, or aiding in the concealment of stolen property, knowing that it has been stolen
D) Offense of using computers to obtain money by false pretenses
E) Crime involving a breach of trust and consisting of the same elements as larceny
F) Term coined by sociologist Edwin Sutherland in 1939
G) Taking away of the property from the place it formerly occupied
H) Gaining of money through unlawful threat to the money's owner
I) Larceny by false pretenses
J) One to whom a property has been rightfully entrusted, but not sold or given as a gift

Question 48

Match the terms with their descriptions:

-Asportation

A) Offering a forged instrument to another with intent to defraud
B) Effectiveness
C) Buying, receiving, or aiding in the concealment of stolen property, knowing that it has been stolen
D) Offense of using computers to obtain money by false pretenses
E) Crime involving a breach of trust and consisting of the same elements as larceny
F) Term coined by sociologist Edwin Sutherland in 1939
G) Taking away of the property from the place it formerly occupied
H) Gaining of money through unlawful threat to the money's owner
I) Larceny by false pretenses
J) One to whom a property has been rightfully entrusted, but not sold or given as a gift

Question 49

Match the terms with their descriptions:

-Receiving stolen goods

A) Offering a forged instrument to another with intent to defraud
B) Effectiveness
C) Buying, receiving, or aiding in the concealment of stolen property, knowing that it has been stolen
D) Offense of using computers to obtain money by false pretenses
E) Crime involving a breach of trust and consisting of the same elements as larceny
F) Term coined by sociologist Edwin Sutherland in 1939
G) Taking away of the property from the place it formerly occupied
H) Gaining of money through unlawful threat to the money's owner
I) Larceny by false pretenses
J) One to whom a property has been rightfully entrusted, but not sold or given as a gift

Question 50

Match the terms with their descriptions:

-White-collar crime

A) Offering a forged instrument to another with intent to defraud
B) Effectiveness
C) Buying, receiving, or aiding in the concealment of stolen property, knowing that it has been stolen
D) Offense of using computers to obtain money by false pretenses
E) Crime involving a breach of trust and consisting of the same elements as larceny
F) Term coined by sociologist Edwin Sutherland in 1939
G) Taking away of the property from the place it formerly occupied
H) Gaining of money through unlawful threat to the money's owner
I) Larceny by false pretenses
J) One to whom a property has been rightfully entrusted, but not sold or given as a gift

Question 51

Match the terms with their descriptions:

-Criminal fraud

A) Offering a forged instrument to another with intent to defraud
B) Effectiveness
C) Buying, receiving, or aiding in the concealment of stolen property, knowing that it has been stolen
D) Offense of using computers to obtain money by false pretenses
E) Crime involving a breach of trust and consisting of the same elements as larceny
F) Term coined by sociologist Edwin Sutherland in 1939
G) Taking away of the property from the place it formerly occupied
H) Gaining of money through unlawful threat to the money's owner
I) Larceny by false pretenses
J) One to whom a property has been rightfully entrusted, but not sold or given as a gift

Question 52

Match the terms with their descriptions:

-Computer fraud

A) Offering a forged instrument to another with intent to defraud
B) Effectiveness
C) Buying, receiving, or aiding in the concealment of stolen property, knowing that it has been stolen
D) Offense of using computers to obtain money by false pretenses
E) Crime involving a breach of trust and consisting of the same elements as larceny
F) Term coined by sociologist Edwin Sutherland in 1939
G) Taking away of the property from the place it formerly occupied
H) Gaining of money through unlawful threat to the money's owner
I) Larceny by false pretenses
J) One to whom a property has been rightfully entrusted, but not sold or given as a gift

Question 53

Match the terms with their descriptions:

-Extortion

A) Offering a forged instrument to another with intent to defraud
B) Effectiveness
C) Buying, receiving, or aiding in the concealment of stolen property, knowing that it has been stolen
D) Offense of using computers to obtain money by false pretenses
E) Crime involving a breach of trust and consisting of the same elements as larceny
F) Term coined by sociologist Edwin Sutherland in 1939
G) Taking away of the property from the place it formerly occupied
H) Gaining of money through unlawful threat to the money's owner
I) Larceny by false pretenses
J) One to whom a property has been rightfully entrusted, but not sold or given as a gift

Question 54

Match the terms with their descriptions:

-Bailee

A) Offering a forged instrument to another with intent to defraud
B) Effectiveness
C) Buying, receiving, or aiding in the concealment of stolen property, knowing that it has been stolen
D) Offense of using computers to obtain money by false pretenses
E) Crime involving a breach of trust and consisting of the same elements as larceny
F) Term coined by sociologist Edwin Sutherland in 1939
G) Taking away of the property from the place it formerly occupied
H) Gaining of money through unlawful threat to the money's owner
I) Larceny by false pretenses
J) One to whom a property has been rightfully entrusted, but not sold or given as a gift

Question 55

Match the terms with their descriptions:

-Uttering

A) Offering a forged instrument to another with intent to defraud
B) Effectiveness
C) Buying, receiving, or aiding in the concealment of stolen property, knowing that it has been stolen
D) Offense of using computers to obtain money by false pretenses
E) Crime involving a breach of trust and consisting of the same elements as larceny
F) Term coined by sociologist Edwin Sutherland in 1939
G) Taking away of the property from the place it formerly occupied
H) Gaining of money through unlawful threat to the money's owner
I) Larceny by false pretenses
J) One to whom a property has been rightfully entrusted, but not sold or given as a gift

Question 56

Define racketeering. Discuss what criminal activities are included in racketeering and when, under the federal law, a person is guilty of racketeering.

Question 57

Define receiving of stolen goods. Identify the key issues in determining when a person is guilty or innocent of this crime.

Question 58

Define forgery and identify its subject matter. Discuss what constitutes forgery and what does not constitute forgery.

Question 59

Usually, the degree of larceny is based on the stolen property's market value. Discuss pros and cons of this approach.

Question 60

After stealing an emerald necklace from Margo, Jack hid it in his Aunt Emily's old jewelry box among her costume jewelry. The next day, at her yard sale, Aunt Emily sold items from her old jewelry box, and Wendy, a florist, bought the emerald necklace for $25. Later Wendy was charged with receipt of stolen goods. Argue for and against this charge.