Deck 13: Theft

Question 1

Uttering is most often committed when a person presents a forged instrument for payment.

Answer 1

True

Question 2

When a forged check is presented for payment, the felony offense of theft by deception is committed.

Answer 2

False

Question 3

The ______ rule provides that a person who receives money in good faith and for value given takes title to the money. ​

A)"money"
B)"title"
C)" nemo dat " ​
D)"bond"

Answer 3

A

Question 4

A bailment, or pledge, is an example of a legal situation where the person who: ​

A)has actual possession does not have constructive possession.
B)has possession of an item is not the owner of the property.
C)has the title to the item does not have a right to possess the item.
D)has ownership of the item but does not have title.

Question 5

The crime of forgery may involve creation of a fake document with intent to defraud.

Question 6

​ Check kiting involves two bank accounts.

Question 7

Taking and keeping lost or mislaid goods is not a crime. ​

Question 8

A "taking" cannot occur by: ​

A)acts of a stranger.
B)a trusted employee.
C)a spouse.
D)None of these choices.

Question 9

A person must leave the store without paying for goods before a theft occurs.

Question 10

______ is the act of obtaining physical possession or control of another's property. ​

A)Taking
B)Stealing
C)Shoplifting
D)Burglary

Question 11

"Property" is divided into _____ property. ​

A)personal and tangible
B)personal and intangible
C)real and personal
D)single ownership and dual ownership

Question 12

Generally, to detain a suspected shoplifter, security personnel must have proof beyond a reasonable doubt. ​

Question 13

Under the old common law, the only property that could be stolen consisted of: ​

A)tangible personal property.
B)real estate and items attached to the land.
C)documents such as stocks and bonds.
D)thoughts and ideas.

Question 14

​ The key to taking is that the thief:

A)exercises unauthorized dominion over the property.
B)exercises authorized dominion over the property.
C)exercises a lack of control over the property.
D)knows he is doing wrong.

Question 15

A person may have lawful possession of property yet not be the owner.

Question 16

The "money" rule is an exception to the ______ rule. ​

A)"securities"
B)"title"
C)" nemo dat "
D)"bond"

Question 17

​ Credit card theft can be proved by showing the defendant was in actual possession of a stolen credit card.

Question 18

An employee who steals money or property from his or her employer commits: ​

A)extortion.
B)bribery.
C)fraud.
D)embezzlement.

Question 19

Hiding retail goods on the person can constitute taking in a shoplifting crime.

Question 20

Two important rights to property are: ​

A)ownership and title.
B)ownership and possession.
C)title and disposability.
D)title and immutability.

Question 21

_____ is putting into circulation a check known to be worthless. ​

A)Theft
B)Uttering
C)Unlawful presentation
D)Fraudulent production

Question 22

In a self-service store, a "taking" occurs when the individual exercises control over the merchandise: ​

A)and has exited the store.
B)and has gone past the last checkout counter.
C)and refuses to pay when requested.
D)that is wholly inconsistent with the store's continued rights.

Question 23

​ Writing a bad check, or one that "bounces":

A)is always a crime.
B)may be a civil, but not a criminal violation.
C)is a crime only if the check is written in excess of $100.
D)may be a crime when the writer refuses to make the check good.

Question 24

Which of the following is an example of a check-kiting scheme? ​

A)A person has two accounts and deposits a large check from one to the other.
B)A person has two accounts and deposits a large check from one to the other, then fraudulently withdraws money from the account before the check clears.
C)A person has two accounts and deposits a large check from one to the other knowing the check will bounce.
D)A person has two accounts and deposits a forged check in one of the accounts.

Question 25

Store security may not lawfully use force in dealing with a shoplifter if it was necessary and reasonable: ​

A)in self-defense.
B)to prevent the theft of store property.
C)to detain the shoplifter.
D)to teach the shoplifter a lesson.

Question 26

The prosecution must prove the same basic elements in a shoplifting case as in a trial for: ​

A)robbery.
B)theft.
C)extortion.
D)bribery.

Question 27

Taking cannot occur by: ​

A)direct acts.
B)appropriating lost or mislaid goods.
C)deception.
D)a direct purchase.

Question 28

​ If a shopper in a store is falsely accused of shoplifting in public but no criminal charges were brought, it may give rise to a civil suit alleging:

A)slander.
B)libel.
C)false detention.
D)malicious prosecution.

Question 29

______ intent is required for the crime of theft. ​

A)General
B)Specific
C)Concurrent
D)Reckless

Question 30

The system of electronically debiting checks: ​

A)will make it easier for check kiters.
B)will make the check kiter floats larger.
C)will not affect check kiters.
D)will make it more difficult for check kiters.

Question 31

Credit cards for fraudulent use may be: ​

A)retained by workers in restaurants.
B)stolen in the mail.
C)counterfeited or altered.
D)All of these choices.

Question 32

A joint owner "takes" the property of the other joint owner if the taker had no right to use or keep the property and: ​

A)doing so infringes on the rights of the joint owner.
B)doing so causes harm to the joint owner.
C)doing so offends the joint owner.
D)does so in a suspicious manner.

Question 33

Credit card theft: ​

A)requires that the thief have actual possession of the card.
B)requires that the thief take and carry away the card.
C)can occur merely by unauthorized use of a credit card number.
D)is a form of embezzlement.

Question 34

The crime of uttering may be committed by presenting to a store clerk: ​

A)a stolen credit card.
B)a stolen debit card.
C)counterfeit currency.
D)a post-dated check.

Question 35

The taking requirement in shoplifting cannot be met by: ​

A)hiding retail goods on the person.
B)taking the goods out of the store.
C)exercising control over goods inconsistent with the right of a shopper to possess goods prior to sale.
D)looking through outside dumpsters for discarded goods.

Question 36

Creating a false document, or altering an existing document, is the essence of: ​

A)forgery.
B)uttering.
C)counterfeiting.
D)fraudulent procurement.

Question 37

If a shoplifter is detained without probable cause, the crime of ______ has been committed: ​

A)false prosecution
B)malicious arrest
C)false arrest or imprisonment
D)malicious detention

Question 38

______ is wrongfully signing a writing or instrument in the name of the person who issued the writing or instrument, or to whom it was payable. ​

A)Uttering
B)Theft
C)Forgery
D)Embezzlement

Question 39

_____ is not a form of property ownership. ​

A)Sole ownership
B)Business partners
C)Husband and wife
D)Casual

Question 40

Credit card theft can be proved by showing that the defendant: ​

A)caused purchases to be made with the number taken from another person's credit card.
B)caused purchases to be made with a card that had exceeded its limit.
C)purchased stolen merchandise.
D)shoplifted while holding someone else's wallet.

Question 41

The Latin phrase nemo dat quod non habet means: ​

A)you're on your own.
B)let the buyer beware.
C)one cannot give what one does not have.
D)buy low, sell high.

Question 42

The relinquishment or surrender of property or the rights to property is: ​

A)relinquishment.
B)abandonment.
C)extortion.
D)delinquency.

Question 43

Upton takes blank stolen checks and goes to local stores with them. He begins purchasing big ticket items, such as a large screen TV, expensive jewelry, and even a washer and dryer machine for his mother, by pretending to be the person listed on the check. Before long, the authorities are knocking on Upton's door and he is placed under arrest.

A)Upton's mother would be arrested for receiving stolen goods if she: ​
B)knew of Upton's scheme.
C)did not know of Upton's scheme.
D)needed a new washer and dryer.
E)asked Upton to purchase her a new washer and dryer.

Question 44

Reasonable grounds to believe is the definition of: ​

A)incrimination.
B)reasonable suspicion.
C)probable cause.
D)intent.

Question 45

Jasmine opens her monthly bank statement and is thrilled to find she has $10,000 more in her savings than she expected. Since it is late in the evening and past banking hours when she opened her mail, Jasmine does nothing to immediately rectify the error.

A)The bank does not realize its mistake and Jasmine does nothing over the next couple of days. In certain states, Jasmine may be guilty of: ​
B)taking.
C)stealing.
D)shoplifting.
E)burglary.

Question 46

Jasmine opens her monthly bank statement and is thrilled to find she has $10,000 more in her savings than she expected. Since it is late in the evening and past banking hours when she opened her mail, Jasmine does nothing to immediately rectify the error.

A)After several more days, Jasmine withdraws the money and buys a new car. At this point, Jasmine would be guilty of: ​
B)theft.
C)stealing.
D)shoplifting. ​
E)burglary.

Question 47

Oftentimes, defendants attempt to defeat the intent to steal requirement by contending that they intended only to ___ the property. ​

A)borrow
B)safeguard
C)return
D)sell

Question 48

To be guilty of the theft of immovable property, a person must unlawfully _____ the property with purpose to benefit himself or another not entitled thereto. ​

A)extort
B)seize
C)reallocate
D)transfer

Question 49

Nemo dat quod non habet , together with the phrase caveat emptor : ​

A)requires the innocent purchaser to be very wary of buying from strangers.
B)absolves the buyer of legal liability.
C)provides a means for the buyer to receive compensation.
D)abrogates the "bond" rule.

Question 50

Jeremy loves music and often spends hours browsing the local music stores, looking at the latest releases. Jeremy is back at the music store and finds the latest release of his favorite artist. He picks up a CD and examines each song carefully, imagining how great it would sound played on his advanced music system at home. He has the CD in his hand and moves not towards the cash register, but towards the exit. Store security stops Jeremy at the door and Jeremy is detained.

A)The taking requirement, argues the music store, was met when Jeremy attempted to: ​
B)walk around the store with the CD in his hand.
C)take the CD out of the store.
D)exercise control over the CD.
E)move away from the security guard.

Question 51

The use of deceit or trickery to obtain profit or advantage is: ​

A)extortion.
B)bribery.
C)fraud.
D)embezzlement.

Question 52

Jeremy loves music and often spends hours browsing the local music stores, looking at the latest releases. Jeremy is back at the music store and finds the latest release of his favorite artist. He picks up a CD and examines each song carefully, imagining how great it would sound played on his advanced music system at home. He has the CD in his hand and moves not towards the cash register, but towards the exit. Store security stops Jeremy at the door and Jeremy is detained.

A)Jeremy was accused by store management of attempted: ​
B)theft.
C)stealing.
D)shoplifting.
E)burglary.

Question 53

An example of immovable property would be: ​

A)cars.
B)lumber.
C)money.
D)real estate.

Question 54

Jeremy loves music and often spends hours browsing the local music stores, looking at the latest releases. Jeremy is back at the music store and finds the latest release of his favorite artist. He picks up a CD and examines each song carefully, imagining how great it would sound played on his advanced music system at home. He has the CD in his hand and moves not towards the cash register, but towards the exit. Store security stops Jeremy at the door and Jeremy is detained.

A)Jeremy counter argues that the taking requirement was not met because he: ​
B)did not hide the CD but kept it in his hand.
C)never left the store.
D)had only absent-mindedly walked to the exit.
E)had always intended to purchase the CD.

Question 55

Upton takes blank stolen checks and goes to local stores with them. He begins purchasing big ticket items, such as a large screen TV, expensive jewelry, and even a washer and dryer machine for his mother, by pretending to be the person listed on the check. Before long, the authorities are knocking on Upton's door and he is placed under arrest.

A)When Upton signs the checks using someone else's name, this is the crime of: ​
B)theft.
C)uttering.
D)forgery.
E)check kiting.

Question 56

Abandonment of property requires both: ​

A)intent and action.
B)history and action.
C)desire and intent.
D)declaration and action.

Question 57

Upton takes blank stolen checks and goes to local stores with them. He begins purchasing big ticket items, such as a large screen TV, expensive jewelry, and even a washer and dryer machine for his mother, by pretending to be the person listed on the check. Before long, the authorities are knocking on Upton's door and he is placed under arrest.

A)The police would have arrested Upton for putting into circulation a check known to be worthless, which is the crime of: ​
B)theft.
C)uttering.
D)unlawful presentation.
E)fraudulent production.

Question 58

The Latin phrase caveat emptor means: ​

A)you're on your own.
B)let the buyer beware.
C)one cannot give what one does not have.
D)buy low, sell high.

Question 59

Jasmine opens her monthly bank statement and is thrilled to find she has $10,000 more in her savings than she expected. Since it is late in the evening and past banking hours when she opened her mail, Jasmine does nothing to immediately rectify the error.

A)Jasmine is arrested but the bank does not want the car she purchased; it wants its money back and demands the car dealership return it. The dealership says no because of the ______ rule.
B)money
C)nemo dat
D)caveat emptor rue
E)ownership

Question 60

Jasmine opens her monthly bank statement and is thrilled to find she has $10,000 more in her savings than she expected. Since it is late in the evening and past banking hours when she opened her mail, Jasmine does nothing to immediately rectify the error.

A)If Jasmine had alerted the bank of the mistake before she withdrew the money from her account, she likely would have: ​
B)not been charged with theft. ​
C)been charged with theft because she knew of the mistake and did nothing about it.
D)been charged with theft because she had thought of keeping the money.
E)faced a fine for stealing.

Question 61

Explain how the concept of "property of another" applies to jointly owned property, and what is required for a joint owner to "take" jointly owned property.

Question 62

Creating multiple checking accounts at multiple banks for the purpose of writing fraudulent checks from one account and depositing them in another, and then withdrawing funds from the deposit bank is called _____.

Question 63

Property is divided into two types: real property and _____ property. ​

Question 64

List and explain the elements of the crime of theft.

Question 65

A(n) ______ exists when people take their car into a garage for repairs.

Question 66

____ is the form of theft that occurs most frequently in any retail business.

Question 67

The crime of _____ forbids a person already in lawful possession of property from fraudulently converting it to his own use.

Question 68

Define check kiting and explain how it works. Explain how technology makes check kiting more difficult today than 20 years ago.

Question 69

​ Describe the four ways that the taking element can be proved.

Question 70

Stealing property of another with the intent to deprive the owner of possession is called either theft or _____.

Question 71

Credit card theft can be proved by showing the defendant was in actual ___ of a stolen card.

Question 72

Exercising ______ over goods inconsistent with the right of a shopper to possess goods prior to sale can constitute taking in a shoplifting crime.

Question 73

A joint owner "____" the property of the other joint owner if he/she had no right to use or keep the property and doing so infringes on the rights of the joint owner.

Question 74

When a forged instrument is presented for payment, the crime of ____ has been committed.

Question 75

To detain or arrest a shoplifter, store personnel generally have to have reasonable grounds, or _____.

Question 76

Altering an existing document or creating a false document with intent to defraud are examples of the crime of ___________.

Question 77

______ is the wrongful injury to another's reputation.

Question 78

The "____" rule is necessary to make sure money is freely negotiable.

Question 79

Describe the "money" rule, and explain why it is an exception to the general property rules.

Question 80

A ____ refers to the act of obtaining physical possession or control of another's property.