Question 1

Which of the following was a material element in common law burglary?&#10;A)Daytime entry&#10;B)Nighttime entry&#10;C)Physically breaking a door or window&#10;D)Entry while armed with a deadly weapon

Accepted Answer

Common law burglary required a nighttime entry, as it was defined as breaking and entering the dwelling of another at night with the intent to commit a felony inside.

Question 2

Breaking and entering a dwelling with the intent to commit a felony inside is:&#10;A)burglary.&#10;B)surreptitious entry.&#10;C)trespass.&#10;D)breaking.

Accepted Answer

Burglary is defined as breaking into a dwelling or other structure with the intent to commit theft, felony or any other serious crime. Surreptitious entry refers to entry without the owner's awareness or consent. Trespassing refers to entering someone's property without permission, but not necessarily with the intent to commit a crime. Breaking refers only to the act of physically forcing entry, but not necessarily with a criminal intent. Burglary is defined as breaking and entering a dwelling with the intent to commit a felony inside. Surreptitious entry is entering without permission and without using force, while trespass is entering without permission but without the intent to commit a felony. Breaking refers to the act of physically breaking into a place, but does not include the intent to commit a felony.

Question 3

Criminal trespass:&#10;A)is equivalent to burglary.&#10;B)does not include the intent to commit a felony inside.&#10;C)is more serious than burglary.&#10;D)is another word for burglary.

Accepted Answer

Criminal trespass does not require the intent to commit a felony inside, unlike burglary, which is a separate crime that does involve that intent. Criminal trespass does not include the intent to commit a felony inside, whereas burglary does. Therefore, option B is the correct choice. Options A, C, and D are incorrect as they do not correctly define criminal trespass.

Question 4

To be guilty of embezzlement, the defendant must have:&#10;A)had lawful custody of the property at the time of the taking.&#10;B)been the victim's employee.&#10;C)had lawful possession at the time of the taking.&#10;D)perpetrated some fraud.

Accepted Answer

Embezzlement requires that the defendant had lawful possession of the property at the time of the taking, distinguishing it from theft where possession is not lawful.

Question 5

The mens rea of common law burglary was:&#10;A)the intent to commit any crime.&#10;B)the intent to break and enter any structure.&#10;C)the intent to damage the structure.&#10;D)the intent to commit a felony inside.

Accepted Answer

The mens rea of common law burglary was the intent to commit a felony inside the structure. This means that the defendant must have entered the structure with the purpose of committing a felony, such as theft or assault. Simply entering the structure or causing damage to it without the specific intent to commit a felony would not satisfy the mens rea requirement for burglary. The mens rea of common law burglary was the intent to commit a felony inside the structure. The other options are not accurate, as the intent to commit any crime or damage the structure would not satisfy the mens rea element of burglary, and the intent to break and enter any structure is too broad and vague.

Question 6

Wrongful conversion of property by defendants who already have lawful possession is:&#10;A)false pretenses.&#10;B)receipt of stolen property.&#10;C)embezzlement.&#10;D)larceny by trick.

Accepted Answer

Embezzlement is the misappropriation or conversion of property by someone who already has lawful possession of it, whereas false pretenses involves obtaining the property through deceitful means, receipt of stolen property involves receiving and concealing stolen property, and larceny by trick involves obtaining the property through a fraudulent act or false representation. Embezzlement is the wrongful conversion of property by someone who already has lawful possession of it, such as an employee stealing from their employer. False pretenses involves obtaining property through deception, receipt of stolen property involves knowingly receiving stolen goods, and larceny by trick involves obtaining property through deceit or trickery but without having lawful possession of it.

Question 7

In common law burglary, &#34;dwellings&#34; included:&#10;A)houses under construction but not yet inhabited.&#10;B)any place where people are likely to congregate.&#10;C)outbuildings within the curtilage of homes.&#10;D)the village commons.

Accepted Answer

In common law burglary, "dwellings" included outbuildings within the curtilage of homes. Choice A is incorrect because a house under construction but not yet inhabited would not be considered a dwelling. Choice B is incorrect because a place where people congregate does not necessarily qualify as a dwelling. Choice D is incorrect because the village commons would not be considered a dwelling. In common law burglary, "dwellings" were defined as structures that are designed for people to live in or intended to be inhabited. This included outbuildings within the curtilage of homes, such as storage sheds or garages. Houses under construction but not yet inhabited or village commons are not considered dwellings, so options A and D are incorrect. Option B is also incorrect because the likelihood of people congregating in a place does not make it a dwelling.

Question 8

Larceny requires that the defendant intended to:&#10;A)permanently deprive the victim of possession.&#10;B)temporarily deprive the victim of possession.&#10;C)permanently deprive the victim of ownership.&#10;D)temporarily deprive the victim of ownership.

Accepted Answer

Larceny requires the intent to permanently deprive the victim of possession, meaning that the defendant intends to take and keep the property for themselves, without any intention of giving it back to the rightful owner. Larceny requires that the defendant intended to permanently deprive the victim of possession, meaning that they intended to take away the victim's ownership of the stolen property permanently. If the intention was only to temporarily deprive the victim of possession, then the crime would not be considered larceny.

Question 9

At common law, burning one's own home:&#10;A)was insurance fraud.&#10;B)was commercial arson.&#10;C)was first-degree arson.&#10;D)was not arson.

Accepted Answer

Burning one's own home at common law was not considered arson, as the crime of arson required the malicious burning of another's property. Burning one's own home was not considered arson at common law, as there was no malice towards another person's property.

Question 10

Which of the following is a constructive breaking in the law of burglary?&#10;A)Threatening to harm the occupant unless they open the door&#10;B)Pushing open a closed door&#10;C)Picking the lock of the door&#10;D)Breaking a window pane

Accepted Answer

Constructive breaking involves gaining entry through threats or fraud rather than physical force.

Question 11

Larceny's asportation element requires:&#10;A)moving the property into a hiding place.&#10;B)moving the property from its present position.&#10;C)establishing the defendant's control over the object.&#10;D)a trespass against ownership.

Accepted Answer

The answer of Larceny's asportation element requires:&#10;A)moving the property into...

Question 12

A &#34;trespassory&#34; taking is one that occurs:&#10;A)on the premises of the owner.&#10;B)in the presence of the victim.&#10;C)without consent or claim of right.&#10;D)by force or threat of force.

Accepted Answer

The answer of A &#34;trespassory&#34; taking is one that occurs:&#10;A)on...

Question 13

There is no larceny if the defendant:&#10;A)is an employee of the victim.&#10;B)returns the property taken.&#10;C)has custody of the property at the time of the taking.&#10;D)has possession of the property at the time of the taking.

Accepted Answer

The answer of There is no larceny if the defendant:&#10;A)is...

Question 14

The crime of receiving stolen property requires proof:&#10;A)that the property was stolen.&#10;B)that the defendant knew that the property was stolen.&#10;C)that the defendant received the property.&#10;D)all of the above.

Accepted Answer

The answer of The crime of receiving stolen property requires...

Question 15

Larceny is a crime against:&#10;A)the person.&#10;B)the possession of property.&#10;C)the custody of property.&#10;D)the ownership of property.

Accepted Answer

The answer of Larceny is a crime against:&#10;A)the person.&#10;B)the possession...

Question 16

The offense of false pretenses requires:&#10;A)obtaining possession of property by fraud.&#10;B)misrepresenting future facts.&#10;C)failing to make full disclosure of all facts.&#10;D)misrepresenting past or present facts.

Accepted Answer

The answer of The offense of false pretenses requires:&#10;A)obtaining possession...

Question 17

The common law's rule that arson involve the property &#34;of another&#34; refers to:&#10;A)the right of ownership.&#10;B)the right of custody.&#10;C)the right of trust.&#10;D)the right of possession.

Accepted Answer

The answer of The common law's rule that arson involve...

Question 18

The distinction between petty and grand larceny usually depends upon:&#10;A)a legal appraisal of the item's value.&#10;B)the value placed on the item by the owner.&#10;C)the value of the item to the thief.&#10;D)the market value of the property.

Accepted Answer

The answer of The distinction between petty and grand larceny...

Question 19

Burglary of the dwelling &#34;of another&#34; refers to:&#10;A)the right of ownership.&#10;B)the right of custody.&#10;C)the right of trust.&#10;D)the right of possession.

Accepted Answer

The answer of Burglary of the dwelling &#34;of another&#34; refers...

Question 20

False pretenses is an offense against:&#10;A)title or ownership.&#10;B)possession.&#10;C)custody.&#10;D)habitation.

Accepted Answer

The answer of False pretenses is an offense against:&#10;A)title or...

Deck 6: Crimes Against Property and Habitation