Deck 6: Crimes Against Property

Question 1

When you rent a beach house to a tenant for a week, you give that tenant:

A) fee simple ownership rights.
B) privacy rights.
C) leasehold rights.
D) tenants by the entireties rights if they rent the entire property.
E) tenants-in-common rights since they temporarily hold ownership rights in common with you.

Answer 1

leasehold rights.

Question 2

Eminent Domain is:

A) the concept that government can take property from private property owners under certain limited circumstances.
B) a rap single by Eminem in which the rapper criticizes his former wife's housekeeping.
C) the concept that government can never take private property.
D) the seizure by private citizens of government land.
E) none of the above

Answer 2

the concept that government can take property from private property owners under certain limited circumstances.

Question 3

The crime of theft requires:

A) the taking and carrying away of personal property.
B) that the personal property belongs to another.
C) the intent to permanently deprive the true owner of personal property.
D) none of the above
E) A, B, and C

Answer 3

A, B, and C

Question 4

Which of the following are examples of retail theft?

A) A person hiding an item under his coat and walking out of the store without paying for it.
B) A person altering the price on an item in an attempt to fool the cashier.
C) A retail employee taking an item out of the store in her Mickey Mouse lunchbox.
D) A, B and C
E) none of the above

Question 5

You are a municipal tax collector. You keep some of the tax money you collect. What type of theft have you committed?

A) Theft by deception
B) Looting
C) Retail theft
D) Theft by failure to make required disposition of funds received
E) Pickpocketing

Question 6

Jack, who is separated from his wife, is locked out of his marital house because he lost his keys. He is still an owner of the house. He breaks open a window in broad daylight to enter and retrieves some of his belongings. While inside, he sees a new purchase by his wife and becomes incensed at the thought that she is lavishing money on herself while he must rent a small efficiency apartment to make ends meet. He takes the new purchases and gives them to his new girlfriend. He is arrested and charged with burglary. What possible defenses does he have?

A) He did not commit burglary because he did not enter under cover of darkness.
B) He did not commit burglary because he owns the house.
C) He did not enter with the intent to commit a felony.
D) Both A and B
E) Both B and C

Question 7

Mandy visits her mother's house and sneaks a cigarette in the bathroom. She drops the cigarette in the garbage can and leaves the house. The house subsequently burns to the ground. Mandy may have committed the crime of:

A) arson.
B) felonious arson.
C) negligent arson.
D) stupidity.
E) Mandy did not commit a crime, because she lacked the intent to burn the house down.

Question 8

Gerome has two checking accounts at two banks across town from each other. Gerome is paid on Fridays. On Wednesday, he must pay his electric bill. He has no money in either account and knows it. He deposits a check drawn on Bank A into Bank B and writes a check for the electric bill on Bank B. On Thursday, he deposits a check drawn on Bank B into Bank A. On Friday, he deposits his paycheck in Bank B. The check is more than enough to cover the electric bill check and the previous deposits and no checks bounced. Gerome may have committed the crime of:

A) check kiting.
B) counterfeit check writing.
C) creative finance.
D) check alteration.
E) no crime, as the checks were all good by the time they cleared.

Question 9

The crime of burglary:

A) is based on the tort of trespass.
B) requires the perpetrator to illegally enter the property of another.
C) requires that the perpetrator intend to commit a felony once inside.
D) requires the perpetrator to commit a felony once inside.
E) A, B, and C only.

Question 10

Arson is:

A) responsible for about 5,000 fires per year.
B) tracked by the FBI.
C) almost always committed by juveniles.
D) at crime in which most cases are solved, with a clearance rate of over 90%.
E) all of the above

Question 11

Embezzlement differs from other types of theft because:

A) it does not involve entering the property of another.
B) it is not a crime in all states.
C) prosecutors do not have to prove the thief took and carried away the property.
D) the thief does not use force.
E) all of the above

Question 12

Under the Brady Handgun Violence Prevention Act:

A) handgun purchasers must undergo a background check through the National Instant Criminal Background Check System (NICS)
B) handgun purchasers who have already had a background check to obtain a concealed carry permit do not need to undergo a (NICS) check.
C) gun collectors selling guns from their private collection are not required to run a background check on gun purchasers.
D) A, B, C, and D.
E) none of the above

Question 13

Defacing property is also known as:

A) criminal mischief.
B) malicious mischief.
C) arson.
D) theft.
E) A and B.

Question 14

Graffiti:

A) is always a summary offense.
B) is always a misdemeanor.
C) is always a felony.
D) may be a summary offense or a misdemeanor, depending on the amount of property damage.
E) may be a misdemeanor or felony, depending on the amount of property damage.

Question 15

Identity theft occurs when:

A) an illegal immigrant uses false documents to obtain work in the U.S.
B) a hacker obtains social security numbers or credit card account numbers, with the intent to use them to impersonate the rightful owner.
C) a hacker obtains social security numbers or credit card account numbers, with the intent to sell the information on the black market.
D) a hacker obtains social security cards just to prove he can, but has no intention of using them to make money.
E) A, B, and C.

Question 16

Cyber crimes differ from mail fraud crimes, in that:

A) the contact is over the Internet and not through the mail.
B) the FBI only tracks cyber crimes.
C) the perpetrator is more likely to be outside the U.S.
D) A and C. only
E) A, B, and C.

Question 17

Which of the following are ways a prosecutor can prove property in the defendant's possession belongs to the victim?

A) The victim attests that the property belongs to him/her.
B) The victim produces receipts showing where and when the item or items were purchased.
C) The victim provides serial numbers, model numbers, or other identifying information about the items.
D) The victim provides an insurance inventory that includes the items.
E) all of the above

Question 18

Forensic accounting may be a useful investigative tool for which of the following crimes?

A) arson
B) embezzlement
C) insurance fraud
D) burglary
E) A, B, and C only

Question 19

You respond to a "work from home" online ad. Under your work arrangement, your employer remotely operates your computer and pays you for the computer time. You think it's a great gig until the FBI comes to your door and asks to see your computer's hard drive. Your best defense is:

A) Explain that you are merely working a part-time job and have no criminal intent, but you will cooperate fully with the investigation as long as you have your attorney to advise you.
B) Tell the FBI to go away and come back when they have a warrant.
C) Lie and say you don't have a computer.
D) Tell the FBI that you really are a Nigerian prince with millions of dollars to move to the U.S. so you aren't lying to all those people.
E) all of the above

Question 20

In District of Columbia v. Heller, the U.S. Supreme Court ruled that:

A) the District of Columbia could have an absolute prohibition on handguns.
B) the Second Amendment protects the individual right to bear arms.
C) state and local governments may not pass any law restricting handgun usage.
D) U.S. citizens could openly carry handguns anywhere.
E) all of the above

Question 21

Another word for personal property is chattel.

Question 22

The crime of theft generally requires only the taking of someone else's property.

Question 23

Law enforcement officers catch most auto thieves.

Question 24

Burglary at Common Law was the breaking or entering of the dwelling house of another at night with the intent to commit a felony once inside.

Question 25

Most states still require that a burglary occur after sunset and before sunrise; if it does not, the crime is robbery.

Question 26

In most states currently, burning down your own property with the intent to collect the insurance is fraud, but not arson.

Question 27

Arson as a political act is protected under the First Amendment.

Question 28

The Supreme Court decision in District of Columbia v. Heller allows governments to continued to bar convicted felons and the mentally ill from possessing firearms.

Question 29

Federal law can only be used to prosecute cyber-criminals whose crimes originated in the United States.

Question 30

A renter has a fee simple ownership interest in the property being rented.

Question 31

Check kiting occurs when a person writes a bad check on one account and deposits it in another account of his.

Question 32

Malicious mischief involves a threat to property only.

Question 33

Graffiti can never be a hate crime.

Question 34

All identity thefts are accomplished over the Internet.

Question 35

Prosecutors only have to prove that the defendant does not own the property, not that it belonged to a specific person

Question 36

Forensic accounting can be used to investigate moneylaundering charges.

Question 37

Forensic accounting can be used in arson cases.

Question 38

The FBI often e-mails people asking for their social security numbers in order to assist with investigations.

Question 39

Most homicides in the U.S. involve guns.

Question 40

Property consists of a bundle of ______________.

Question 41

The most common form of property ownership for married couples is ______________ .

Question 42

A person who taps into their neighbor's cable line to get free television is guilty of theft of ______________.

Question 43

To prove theft, prosecutors must prove the defendant intended to deprive the owner of the property ______________.

Question 44

When a person trusted with money to hold for another person converts it for her own use, she is guilty of ______________.

Question 45

At Common Law, a burglary could only occur ______________.

Question 46

A person who sets a fire with the intent of collecting insurance proceeds is guilty of ______________.

Question 47

A person who changes information on a check is guilty of ______________ forgery.

Question 48

According to the Supreme Court, states cannot ban individuals from purchasing guns for ______________.

Question 49

To convict a defendant of malicious mischief, a prosecutor must prove the defendant intended to destroy or harm property in a way that diminishes its ______________.

Question 50

MATCHING

-Property

A) Ownership form where the joint tenant receives the property should the other die.
B) The state's power to take private property for a public purpose without the owner's consent.
C) Joint ownership form in which each owns an undivided interest in the whole property.
D) All property other than real property.
E) Joint ownership form where spouses own an undivided interest in the whole and neither can sell interest in the property without the other's permission.
F) Land and everything permanently attached to it.
G) A creditor's claim against a particular property as collateral for a debt.
H) A bundle of rights including the right to possess, use and enjoy, and dispose of something.
I) The rights a real property tenant possesses through agreement with the property owner.
J) The legal term for ownership of the entire bundle of rights that go with a property.

Question 51

MATCHING

-Real Property

A) Ownership form where the joint tenant receives the property should the other die.
B) The state's power to take private property for a public purpose without the owner's consent.
C) Joint ownership form in which each owns an undivided interest in the whole property.
D) All property other than real property.
E) Joint ownership form where spouses own an undivided interest in the whole and neither can sell interest in the property without the other's permission.
F) Land and everything permanently attached to it.
G) A creditor's claim against a particular property as collateral for a debt.
H) A bundle of rights including the right to possess, use and enjoy, and dispose of something.
I) The rights a real property tenant possesses through agreement with the property owner.
J) The legal term for ownership of the entire bundle of rights that go with a property.

Question 52

MATCHING

-Personal Property

A) Ownership form where the joint tenant receives the property should the other die.
B) The state's power to take private property for a public purpose without the owner's consent.
C) Joint ownership form in which each owns an undivided interest in the whole property.
D) All property other than real property.
E) Joint ownership form where spouses own an undivided interest in the whole and neither can sell interest in the property without the other's permission.
F) Land and everything permanently attached to it.
G) A creditor's claim against a particular property as collateral for a debt.
H) A bundle of rights including the right to possess, use and enjoy, and dispose of something.
I) The rights a real property tenant possesses through agreement with the property owner.
J) The legal term for ownership of the entire bundle of rights that go with a property.

Question 53

MATCHING

-Eminent Domain

A) Ownership form where the joint tenant receives the property should the other die.
B) The state's power to take private property for a public purpose without the owner's consent.
C) Joint ownership form in which each owns an undivided interest in the whole property.
D) All property other than real property.
E) Joint ownership form where spouses own an undivided interest in the whole and neither can sell interest in the property without the other's permission.
F) Land and everything permanently attached to it.
G) A creditor's claim against a particular property as collateral for a debt.
H) A bundle of rights including the right to possess, use and enjoy, and dispose of something.
I) The rights a real property tenant possesses through agreement with the property owner.
J) The legal term for ownership of the entire bundle of rights that go with a property.

Question 54

MATCHING

-Fee Simple

A) Ownership form where the joint tenant receives the property should the other die.
B) The state's power to take private property for a public purpose without the owner's consent.
C) Joint ownership form in which each owns an undivided interest in the whole property.
D) All property other than real property.
E) Joint ownership form where spouses own an undivided interest in the whole and neither can sell interest in the property without the other's permission.
F) Land and everything permanently attached to it.
G) A creditor's claim against a particular property as collateral for a debt.
H) A bundle of rights including the right to possess, use and enjoy, and dispose of something.
I) The rights a real property tenant possesses through agreement with the property owner.
J) The legal term for ownership of the entire bundle of rights that go with a property.

Question 55

MATCHING

-Leasehold rights

A) Ownership form where the joint tenant receives the property should the other die.
B) The state's power to take private property for a public purpose without the owner's consent.
C) Joint ownership form in which each owns an undivided interest in the whole property.
D) All property other than real property.
E) Joint ownership form where spouses own an undivided interest in the whole and neither can sell interest in the property without the other's permission.
F) Land and everything permanently attached to it.
G) A creditor's claim against a particular property as collateral for a debt.
H) A bundle of rights including the right to possess, use and enjoy, and dispose of something.
I) The rights a real property tenant possesses through agreement with the property owner.
J) The legal term for ownership of the entire bundle of rights that go with a property.

Question 56

MATCHING

-Lien

A) Ownership form where the joint tenant receives the property should the other die.
B) The state's power to take private property for a public purpose without the owner's consent.
C) Joint ownership form in which each owns an undivided interest in the whole property.
D) All property other than real property.
E) Joint ownership form where spouses own an undivided interest in the whole and neither can sell interest in the property without the other's permission.
F) Land and everything permanently attached to it.
G) A creditor's claim against a particular property as collateral for a debt.
H) A bundle of rights including the right to possess, use and enjoy, and dispose of something.
I) The rights a real property tenant possesses through agreement with the property owner.
J) The legal term for ownership of the entire bundle of rights that go with a property.

Question 57

MATCHING

-Tenancy by the entirety

A) Ownership form where the joint tenant receives the property should the other die.
B) The state's power to take private property for a public purpose without the owner's consent.
C) Joint ownership form in which each owns an undivided interest in the whole property.
D) All property other than real property.
E) Joint ownership form where spouses own an undivided interest in the whole and neither can sell interest in the property without the other's permission.
F) Land and everything permanently attached to it.
G) A creditor's claim against a particular property as collateral for a debt.
H) A bundle of rights including the right to possess, use and enjoy, and dispose of something.
I) The rights a real property tenant possesses through agreement with the property owner.
J) The legal term for ownership of the entire bundle of rights that go with a property.

Question 58

MATCHING

-Tenants in common

A) Ownership form where the joint tenant receives the property should the other die.
B) The state's power to take private property for a public purpose without the owner's consent.
C) Joint ownership form in which each owns an undivided interest in the whole property.
D) All property other than real property.
E) Joint ownership form where spouses own an undivided interest in the whole and neither can sell interest in the property without the other's permission.
F) Land and everything permanently attached to it.
G) A creditor's claim against a particular property as collateral for a debt.
H) A bundle of rights including the right to possess, use and enjoy, and dispose of something.
I) The rights a real property tenant possesses through agreement with the property owner.
J) The legal term for ownership of the entire bundle of rights that go with a property.

Question 59

MATCHING

-Joint Tenants with the right of survivorship.

A) Ownership form where the joint tenant receives the property should the other die.
B) The state's power to take private property for a public purpose without the owner's consent.
C) Joint ownership form in which each owns an undivided interest in the whole property.
D) All property other than real property.
E) Joint ownership form where spouses own an undivided interest in the whole and neither can sell interest in the property without the other's permission.
F) Land and everything permanently attached to it.
G) A creditor's claim against a particular property as collateral for a debt.
H) A bundle of rights including the right to possess, use and enjoy, and dispose of something.
I) The rights a real property tenant possesses through agreement with the property owner.
J) The legal term for ownership of the entire bundle of rights that go with a property.

Question 60

Explain the concept of property.

Question 61

You live in a city ravaged by a category 5 hurricane. You have no electricity or running water. Emergency workers are slow to respond. You and some friends decide to go to the local store to get bottled water. The store has been abandoned. You break the windows, enter the store and take only the water and non-perishable food you think you will need. Seeing no way to pay for the goods, you leave. The police arrive at this point and arrest you. What law, if any, have you broken? What is your defense?

Question 62

Students waiting to hear if prestigious business schools have accepted them into next year's class come across instructions on an online bulletin board posted by an anonymous hacker. The hacker posts simple directions for students to gain access to the business school's acceptance letters. By typing in a web address, www.businessschoolisus.edu/admissions/acceptance/johndoe.cfm, students can access their own letters only. (That is, the hacker tells them to replace johndoe with their own names to get into their own files.) Several students use the instructions and see their acceptance or rejection letters before they are mailed out and official. What crime, if any, have they committed?

Question 63

A retail clerk jots down the names, account numbers and routing numbers (numbers on your check which instruct banking institutions which bank holds the account and how to process the check) of checks she handles as a cashier. She then purchases goods online, using the check information. What crime or crimes may she be guilty of?

Question 64

Carla received a Christmas gift from her aunt, a check for $100. She adds a 1 in front of the $100 and the words "One Thousand" in front of the Hundred Dollars and No cents and cashes the check. What type of check fraud has she committed?