Question 1

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

Accepted Answer

Uttering refers to the act of knowingly offering a forged document, such as a check or a contract, with the intent to defraud, which often involves presenting it for payment or acceptance.

Question 2

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

Accepted Answer

The felony offense typically associated with presenting a forged check for payment is forgery, not theft by deception. Theft by deception involves obtaining property through deceitful means, whereas forgery involves altering, creating, or using a written document with the intent to defraud.

Question 3

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

Accepted Answer

A

Question 4

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

Accepted Answer

A bailment or pledge involves a situation where one party (the bailor) gives possession of an item to another party (the bailee) without transferring ownership. The bailee has possession of the item but does not become its owner.

Question 5

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

Accepted Answer

Forgery involves the making, altering, use, or possession of a false writing in order to commit a fraud.

Question 6

​ Check kiting involves two bank accounts.

Accepted Answer

Check kiting exploits the time it takes for checks to clear, involving at least two bank accounts between which funds are transferred back and forth to artificially inflate account balances.

Question 7

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

Accepted Answer

Taking and keeping lost or mislaid goods without attempting to find the owner can be considered theft by finding or misappropriation, which is a crime in many jurisdictions.

Question 8

A "taking" cannot occur by: ​

Accepted Answer

A "taking" refers to the act of taking something that does not belong to you, often in the context of theft or embezzlement. This can occur through acts of a stranger, a trusted employee, or a spouse, meaning none of the provided options are exceptions to how a "taking" can occur.

Question 9

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

Accepted Answer

Theft can occur even if the person has not left the store, as it involves the intent to permanently deprive the owner of the property without paying for it, which can be evidenced by concealing the goods or attempting to bypass payment methods while still inside the store.

Question 10

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

Accepted Answer

Taking is the act of obtaining physical possession or control of another's property, which does not inherently imply illegality unlike the other options.

Question 11

"Property" is divided into _____ property. ​

Accepted Answer

Property is traditionally divided into two main categories: real property, which includes land and things attached to the land, and personal property, which includes movable items and intangible rights.

Question 12

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

Accepted Answer

Security personnel typically need reasonable suspicion or probable cause to detain a suspected shoplifter, not proof beyond a reasonable doubt, which is a higher standard used in criminal trials.

Question 13

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

Accepted Answer

Under the old common law, theft was limited to the taking of tangible personal property, meaning items that could be physically moved and were not attached to land or considered intangible, like ideas or documents.

Question 14

​ The key to taking is that the thief:

Accepted Answer

The key element of theft is the unauthorized control or dominion over someone else's property, indicating that the person is taking the property without permission or legal right.

Question 15

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

Accepted Answer

Lawful possession refers to the legal right to possess property, which can be granted through leases, rentals, or other agreements, without necessarily transferring ownership.

Question 16

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

Accepted Answer

The "money" rule is an exception to the "nemo dat" rule, which states that one cannot transfer better title than one has. However, in the case of money, if it is transferred in good faith, the recipient can obtain a better title than the transferor had, making it an exception to the nemo dat principle.

Question 17

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

Accepted Answer

Actual possession of a stolen credit card can be a strong piece of evidence in proving credit card theft, as it demonstrates unauthorized control or possession of another person's credit card without their consent.

Question 18

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

Accepted Answer

Embezzlement is the act of withholding assets for the purpose of conversion of such assets, by one or more individuals to whom the assets were entrusted, either to be held or to be used for specific purposes. In this case, an employee stealing from an employer fits the definition of embezzlement.

Question 19

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

Accepted Answer

Hiding retail goods on one's person is considered an act of taking in many jurisdictions, as it demonstrates the intent to deprive the retailer of the merchandise without payment, which is a key element of shoplifting.

Question 20

Two important rights to property are: ​

Accepted Answer

Ownership and possession are two fundamental rights associated with property, where ownership refers to the legal right to possess and use an asset, and possession refers to the physical control over the asset.

Quiz 13: Theft

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

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

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

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

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

​ Check kiting involves two bank accounts.

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

A "taking" cannot occur by: ​

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

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

"Property" is divided into _____ property. ​

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

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

​ The key to taking is that the thief:

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

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

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

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

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

Two important rights to property are: ​

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

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

Check kiting involves two bank accounts.

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

A "taking" cannot occur by:

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

"Property" is divided into _____ property.

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

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

The key to taking is that the thief:

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

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

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

Two important rights to property are: