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Question 1
Kramer is sitting on his porch one day when he sees Jerry go into his house with a new television set. Kramer decides that he must have Jerry's TV so he puts together a plan to steal the set. That night, after Jerry has left his house, Kramer crosses Jerry's lawn and climbs up to Jerry's back porch. Kramer then wraps his hand in a towel and puts his fist through a window. As soon as the window breaks, Jerry's alarm goes off and the police arrive. Kramer is arrested and charged with Burglary. If Kramer argues that he did not commit burglary because he never entered Jerry's house, he will probably be acquitted:
Correct
Incorrect!
Correct Although burglary does require an entering into the dwelling of another, even the smallest entry into the dwelling by any part of the defendant's body is enough to qualify as entering. In this case, Kramer's hand entered Jerry's house when he broke the window. This is enough to satisfy the entering requirement for burglary and so Kramer can be convicted. Therefore, FALSE is the correct answer.
Incorrect! Although burglary does require an entering into the dwelling of another, even the smallest entry into the dwelling by any part of the defendant's body is enough to qualify as entering. In this case, Kramer's hand entered Jerry's house when he broke the window. This is enough to satisfy the entering requirement for burglary and so Kramer can be convicted. Therefore, FALSE is the correct answer.
Question 2
Kramer is sitting on his porch one day when he sees Jerry go into his house with a new television set. Kramer decides that he must have Jerry's TV so he puts together a plan to steal the set. That night, after Jerry has left his house, Kramer crosses Jerry's lawn and climbs up to Jerry's back porch. Kramer then takes the crowbar that he has brought with him and breaks the window. As soon as the window breaks, Jerry's alarm goes off and the police arrive. Kramer is arrested and charged with Burglary. If Kramer argues that he did not commit burglary because he never entered Jerry's house, he will probably be acquitted:
Correct The entry of an instrument will also be considered entering but only if the purpose of placing the instrument inside the house is to commit the felony. If the instrument is only being used to gain entry into the house, inserting the instrument into the house is not considered entering. In this case, even though the crow bar entered Jerry's house when it went through the window, it was only inserted to gain entry into the house. Therefore, Kramer has not entered Jerry's house and TRUE is the correct answer.
Incorrect! The entry of an instrument will also be considered entering but only if the purpose of placing the instrument inside the house is to commit the felony. If the instrument is only being used to gain entry into the house, inserting the instrument into the house is not considered entering. In this case, even though the crow bar entered Jerry's house when it went through the window, it was only inserted to gain entry into the house. Therefore, Kramer has not entered Jerry's house and TRUE is the correct answer.
Correct
Incorrect!
Question 3
Kramer is sitting on his porch one day when he sees Jerry go into his house with a new television set. Kramer decides that he must have Jerry's TV so he puts together a plan to steal the set. That night, after Jerry has left his house, Kramer crosses Jerry's lawn and climbs up to Jerry's back porch. Kramer sees that one of the windows facing the porch is partially broken. Kramer then wraps his hand in a towel, breaks a wider hole in the window and steps through into Jerry's house. As soon as Kramer enters the house, Jerry's alarm goes off and the police arrive. Kramer is arrested and charged with Burglary. Kramer will probably be:
Correct
Incorrect!
Correct
Incorrect!
Correct As far as the element of breaking is concerned, it must be shown that the defendant used either actual or constructive force to create an opening in the house. It used to be that enlarging an already existing opening was not considered breaking. However, that has been done away with and enlarging an already existing opening is now adequate to satisfy the element of breaking. Therefore, even though Kramer only enlarged an already existing opening, he has broken into Jerry's house and can be convicted of burglary. Thus, C is the correct answer.
Incorrect! As far as the element of breaking is concerned, it must be shown that the defendant used either actual or constructive force to create an opening in the house. It used to be that enlarging an already existing opening was not considered breaking. However, that has been done away with and enlarging an already existing opening is now adequate to satisfy the element of breaking. Therefore, even though Kramer only enlarged an already existing opening, he has broken into Jerry's house and can be convicted of burglary. Thus, C is the correct answer.
Correct
Incorrect!
Question 4
Kramer is sitting on his porch one day when he sees Jerry go into his house with a new television set. Kramer decides that he must have Jerry's TV so he puts together a plan to steal the set. That night, after Jerry has left his house, Kramer crosses Jerry's lawn and climbs up to Jerry's back porch. Kramer sees that one of the windows facing the porch open so he crawls through it into Jerry's house. As soon as Kramer enters the house, Jerry's alarm goes off. In a panic, Kramer gets confused and cannot find the open window he used to enter the house so he breaks the first window he sees and tries to get away. However, the police arrive before Kramer can make his escape. Kramer is arrested and charged with Burglary. Kramer will probably be:
Correct Most jurisdictions hold that the breaking must occur for the purposes of entering the dwelling. That being the case, if the defendant got into the dwelling without breaking but had to break open an opening in order to exit the dwelling, most courts hold that this does not satisfy the element of breaking. In this case, Kramer did not break into the house. He only committed a breaking as he was trying to leave. Therefore, he cannot be convicted of burglary and A is the correct answer.
Incorrect! Most jurisdictions hold that the breaking must occur for the purposes of entering the dwelling. That being the case, if the defendant got into the dwelling without breaking but had to break open an opening in order to exit the dwelling, most courts hold that this does not satisfy the element of breaking. In this case, Kramer did not break into the house. He only committed a breaking as he was trying to leave. Therefore, he cannot be convicted of burglary and A is the correct answer.
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Question 5
Jerry owns a ski chalet in Vermont where he spends a good part of each winter. However, at the end of each winter, he closes up the chalet for the summer. Once the fall is over, he returns to the chalet. Kramer breaks into the chalet one evening in July because he knows that Jerry is not there. Jerry has not been to the chalet in four months at that point and will not return to the chalet for another five months. While Kramer is in the chalet, he trips an alarm and the police arrive and arrest him. If he is charged with burglary, he will probably be:
Correct In order to be convicted of burglary the defendant must have broken and entered into a dwelling, which is defined as a place that is regularly used for sleeping. If a building meets the definition of a dwelling for burglary purposes, it remains a dwelling even when the people residing in it leave for a temporary period of time. That being the case, even though Jerry only used the chalet for a fraction of the year, it is still considered a dwelling and, therefore, Kramer can be convicted. Thus, A is the correct answer.
Incorrect! In order to be convicted of burglary the defendant must have broken and entered into a dwelling, which is defined as a place that is regularly used for sleeping. If a building meets the definition of a dwelling for burglary purposes, it remains a dwelling even when the people residing in it leave for a temporary period of time. That being the case, even though Jerry only used the chalet for a fraction of the year, it is still considered a dwelling and, therefore, Kramer can be convicted. Thus, A is the correct answer.
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Question 6
Kramer jumps over a fence enclosing Jerry's property, breaks into a tool shed and steals Jerry's lawnmower. If Kramer is charged with burglary he will be:
Correct
Incorrect!
Correct If a dwelling structure is fenced in, any other structure inside the fence is considered an extension of the dwelling, even if those buildings are not used as living quarters. That being the case, Jerry's tool shed is considered an extension of his dwelling and, therefore, Kramer can be convicted. Thus, B is the correct answer.
Incorrect! If a dwelling structure is fenced in, any other structure inside the fence is considered an extension of the dwelling, even if those buildings are not used as living quarters. That being the case, Jerry's tool shed is considered an extension of his dwelling and, therefore, Kramer can be convicted. Thus, B is the correct answer.
Correct
Incorrect!
Correct
Incorrect!
Question 7
Kramer is walking by Jerry's ski chalet one evening when he notices that the door is wide open. Kramer pokes his head in the door and calls out to see if anybody is home. When he realizes that the house is empty, he begins to look around for things to take. Behind a painting hanging on one of the living room walls he finds a safe that is actually built into the wall. Kramer leaves the house and comes back soon after with some small explosives which he uses to blow the safe's lock. In the safe he finds several thousand dollars in cash. Unfortunately for Kramer, a police officer happens to be passing by when he hears an explosion coming from the chalet. The officer sees Kramer running out of Jerry's chalet and arrests him immediately. If Kramer is charged with Burglary, he will probably be:
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Correct If a defendant enters a dwelling without breaking but, once inside, breaks into a closed part of the dwelling, he can be convicted of burglary. However, what he breaks into must actually be a part of the dwelling. In this case, even though Kramer did not commit an act of breaking in order to gain entry into Jerry's house, and even though Kramer did not intend to commit a felony when he entered Jerry's house, he did break and enter a closed part of the house, the safe, with the intent of committing a felony. Therefore, Kramer can be convicted of burglary and D is the correct answer.
Incorrect! If a defendant enters a dwelling without breaking but, once inside, breaks into a closed part of the dwelling, he can be convicted of burglary. However, what he breaks into must actually be a part of the dwelling. In this case, even though Kramer did not commit an act of breaking in order to gain entry into Jerry's house, and even though Kramer did not intend to commit a felony when he entered Jerry's house, he did break and enter a closed part of the house, the safe, with the intent of committing a felony. Therefore, Kramer can be convicted of burglary and D is the correct answer.
Question 8
Kramer is sitting on his porch one evening when he sees Jerry go into his house with a new television set. Kramer decides that he must have Jerry's TV so he puts together a plan to steal the set. The next morning, after Jerry has left for work, Kramer crosses Jerry's lawn and climbs up to Jerry's back porch. Kramer then wraps his hand in a towel and puts his fist through a window. As soon as the window breaks, Jerry's alarm goes off and the police arrive. Kramer is arrested and charged with Burglary. Kramer will probably be acquitted:
Correct In order to be convicted of burglary, the breaking and entering must be committed at night. In this case, Kramer broke into Jerry's house during the day. That being the case, he cannot be convicted of burglary and TRUE is the correct answer.
Incorrect! In order to be convicted of burglary, the breaking and entering must be committed at night. In this case, Kramer broke into Jerry's house during the day. That being the case, he cannot be convicted of burglary and TRUE is the correct answer.
Correct
Incorrect!
Question 9
Donald owns several large apartment buildings in New York City. He rents one of the apartments to Ivana, a model and fashion designer who has just moved to New York. Over the next several months, Donald asks Ivana out several times but she shuns him each time. One night, being fed up with Ivana's snubs, Donald takes a spare key to her apartment that he keeps with him and lets himself in. He plans on surprising Ivana and showing her what kind of man he is, whether she likes it or not. Ivana hears the door to her apartment being opened and manages to call the police just before Donald enters her bedroom. If Donald is charged with burglary, he will probably be:
Correct
Incorrect!
Correct In order to be convicted of burglary the defendant must break and enter into the dwelling of another person. The right of habitation, not the right of ownership, determines who the dwelling belongs to for burglary purposes. In other words, it does not matter who actually owns the dwelling. What is determinative is who has the right to live in the premises. In this case, Ivana had the right to live in the apartment. Therefore, even though Donald owns the apartment, his breaking into it is considered breaking into the dwelling of another and he can be convicted. Therefore, B is the correct answer.
Incorrect! In order to be convicted of burglary the defendant must break and enter into the dwelling of another person. The right of habitation, not the right of ownership, determines who the dwelling belongs to for burglary purposes. In other words, it does not matter who actually owns the dwelling. What is determinative is who has the right to live in the premises. In this case, Ivana had the right to live in the apartment. Therefore, even though Donald owns the apartment, his breaking into it is considered breaking into the dwelling of another and he can be convicted. Therefore, B is the correct answer.
Correct
Incorrect!
Correct
Incorrect!
Question 10
Donald owns several large apartment buildings in New York City. He rents one of the apartments to Ivana, a model and fashion designer who has just moved to New York. Over the next several months, Donald asks Ivana out several times but she shuns him each time. One night, being fed up with Ivana's snubs, Donald takes a spare key to her apartment that he keeps with him and lets himself in. He plans on surprising Ivana with a dozen roses and a dinner invitation. Ivana tells Donald to get lost. He is so infuriated by this rejection that he attacks Ivana and sexually assaults her. If Donald is charged with burglary, he will probably be:
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Correct In order to be convicted of burglary, the defendant must intend to commit a felony at the time he breaks and enters the dwelling. If he forms the intent to commit a felony after he enters the dwelling, there is no burglary. Here, Donald formed the intent to rape Ivana after he had already let himself into her apartment. That being the case, he cannot be convicted of burglary and D is the correct answer.
Incorrect! In order to be convicted of burglary, the defendant must intend to commit a felony at the time he breaks and enters the dwelling. If he forms the intent to commit a felony after he enters the dwelling, there is no burglary. Here, Donald formed the intent to rape Ivana after he had already let himself into her apartment. That being the case, he cannot be convicted of burglary and D is the correct answer.
Question 11
Donald owns several large apartment buildings in New York City. He rents one of the apartments to Ivana, a model and fashion designer who has just moved to New York. Over the next several months, Donald asks Ivana out several times but she shuns him each time. One night, being fed up with Ivana's snubs, Donald takes a spare key to her apartment that he keeps with him and lets himself in. He plans on surprising Ivana and showing her what kind of man he is, whether she likes it or not. Ivana hears the door to her apartment being opened and manages to call the police just before Donald enters her bedroom. Luckily, the police arrive before Donald can harm Ivana. If Donald is charged with burglary, he will probably be:
Correct To be convicted of burglary, the defendant does not actually have to commit the felony he intends to commit. As long as he intended to commit a felony when he broke and entered the other person's dwelling he has committed the crime of burglary. In this case, Donald did intend to commit a felony, rape, when he broke into the apartment. Therefore, he can be convicted of burglary and A is the correct answer.
Incorrect! To be convicted of burglary, the defendant does not actually have to commit the felony he intends to commit. As long as he intended to commit a felony when he broke and entered the other person's dwelling he has committed the crime of burglary. In this case, Donald did intend to commit a felony, rape, when he broke into the apartment. Therefore, he can be convicted of burglary and A is the correct answer.
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Question 12
Kramer is sitting on his porch one evening when he sees Jerry go into his house with a new television set. Kramer decides that he must have Jerry's TV so he puts together a plan to steal the set. The next morning, after Jerry has left for work, Kramer crosses Jerry's lawn and climbs up to Jerry's back porch. Kramer then wraps his hand in a towel and puts his fist through a window. As soon as the window breaks, Jerry's alarm goes off and the police arrive. Kramer is arrested and charged with Burglary. If Kramer is tried in jurisdiction that has adopted the modern rules of burglary, he will probably be acquitted:
Correct
Incorrect!
Correct Under the modern rules, it is no longer necessary for the breaking and entering to occur at night. A defendant can be convicted even if he breaks in during the day. That being the case, Kramer will be convicted and FALSE is the correct answer.
Incorrect! Under the modern rules, it is no longer necessary for the breaking and entering to occur at night. A defendant can be convicted even if he breaks in during the day. That being the case, Kramer will be convicted and FALSE is the correct answer.