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Question 1
Enzo is an Italian immigrant who has worked very hard to provide for his family. After fifteen years of working in his bakery, Enzo has managed to save up enough money to buy his family a house. Unfortunately for Enzo, he had bought the house that Virgil desperately wants and he forms a plot to get the house from Enzo. Virgil knocks on Enzo's door and introduces himself as an agent of the United States Department of the Interior. He tells Enzo that the government is going to be putting a highway directly through where Enzo's property is and Enzo can either sell the house to the government for half of its value or lose the entire property altogether. Enzo immediately signs the phony papers that Virgil produces and signs title to the house over to Virgil. Virgil tells Enzo that he will receive a check from the government for half the value of the house in the next six to eight weeks. After Virgil leaves, Enzo calls the Department of the interior to verify Virgil's story. When Enzo realizes that he has been tricked, he calls the police and has Virgil arrested. If Virgil is charged with false pretenses, he will probably be:
Correct
Incorrect!
Correct In order to be convicted of false pretences, the defendant must have obtained ownership of the property by false representations. However, the misrepresentation must pertain to a past or existing fact. Misrepresentations of future facts or false promises cannot be the basis of a false pretense conviction. Here, Virgil made a false representation as to a future fact. That being the case, he cannot be convicted of false pretences in this case and B is the correct answer.
Incorrect! In order to be convicted of false pretences, the defendant must have obtained ownership of the property by false representations. However, the misrepresentation must pertain to a past or existing fact. Misrepresentations of future facts or false promises cannot be the basis of a false pretense conviction. Here, Virgil made a false representation as to a future fact. That being the case, he cannot be convicted of false pretences in this case and B is the correct answer.
Correct
Incorrect!
Correct
Incorrect!
Question 2
Enzo is selling the house that he has lived in for the last fifteen years Virgil desperately wants the house but he does not want to pay the asking price of $250,000 and he forms a plot to get the house from Enzo for less money. Virgil tells Enzo that he is interested in buying the house but would like to have the house inspected for termites first. Virgil hires an exterminator who sends Virgil a report stating that the house is free of termites. Virgil alters the report to make it look like it says that the house is full of termites. He shows the report to Enzo and tells Enzo that he will still buy the house but only for $175,000. Thinking that he will not get a better offer, Enzo accepts Virgil's offer. After Enzo sells the house to Virgil, he calls the exterminator and asks for a copy of the report. When Enzo realizes he has been tricked, he calls the police and has Virgil arrested. If Virgil is charged with false pretenses, he will probably be
Correct
Incorrect!
Correct In order to be convicted of false pretences, the defendant must have obtained ownership of the property by false representations. However, the misrepresentation must pertain to a past or existing fact, it must concern a material fact and the victim must have relied on the misrepresentation. In other words the misrepresentation must have caused the victim to transfer the property to the defendant. In this case, although the misrepresentation was to a present fact material fact, it did not cause Enzo to transfer the property to Virgil. Enzo was going to do that anyway. This just got him to sell at a lower price. That being the case, Virgil cannot be convicted of false pretences and B is the correct answer.
Incorrect! In order to be convicted of false pretences, the defendant must have obtained ownership of the property by false representations. However, the misrepresentation must pertain to a past or existing fact, it must concern a material fact and the victim must have relied on the misrepresentation. In other words the misrepresentation must have caused the victim to transfer the property to the defendant. In this case, although the misrepresentation was to a present fact material fact, it did not cause Enzo to transfer the property to Virgil. Enzo was going to do that anyway. This just got him to sell at a lower price. That being the case, Virgil cannot be convicted of false pretences and B is the correct answer.