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Question 1
Odie is riding his bike when he passes Jon's house. Odie sees that Jon's cat Garfield is napping on the porch. Odie has always liked Garfield so he stops his bike, picks up the cat, puts him in the basket on the front of his bike and rides away. A few days later, Jon spots Odie playing with Garfield and calls the police. Odie is arrested and charged with larceny. He will probably be:
Correct
Incorrect!
Correct
Incorrect!
Correct Animals can also be the subject of larceny as long as they are livestock or other kind kinds of animals that have domestic value. However, house pets cannot be the subject of larceny. That being the case, Odie cannot be convicted of larceny in this case and C is the correct answer.
Incorrect! Animals can also be the subject of larceny as long as they are livestock or other kind kinds of animals that have domestic value. However, house pets cannot be the subject of larceny. That being the case, Odie cannot be convicted of larceny in this case and C is the correct answer.
Correct
Incorrect!
Question 2
Orville is driving in rural Iowa when he passes by a vast corn field. Orville, who happens to be a big fan of corn, pulls over and begins walking around in the field. He picks an ear of corn and begins to nibble on it. Unfortunately for Orville, Ray, the owner of the field happens to be walking by when he sees Orville pick the ear of corn. Ray calls the police and Orville is arrested. If Orville is charged with larceny, he will probably be:
Correct
Incorrect!
Correct If the defendant severs something from the ground in order to take it, the severed property must come into the owners possession and then be taken from him in order for it to be larceny. If the severed property does not come into the possession of the owner, it is not considered tangible property and cannot be the subject of a larceny charge. In this case, the corn never came into Ray's possession. It went directly from being severed from the ground into Orvilles possession. That being the case, the corn never became Ray's tangible property and Orville cannot be convicted of larceny. Thus, B is the correct answer.
Incorrect! If the defendant severs something from the ground in order to take it, the severed property must come into the owners possession and then be taken from him in order for it to be larceny. If the severed property does not come into the possession of the owner, it is not considered tangible property and cannot be the subject of a larceny charge. In this case, the corn never came into Ray's possession. It went directly from being severed from the ground into Orvilles possession. That being the case, the corn never became Ray's tangible property and Orville cannot be convicted of larceny. Thus, B is the correct answer.
Correct
Incorrect!
Correct
Incorrect!
Question 3
Orville is driving in rural Iowa when he passes by a vast corn field. Orville, who happens to be a big fan of corn, pulls over and begins walking around in the field. He picks an ear of corn and begins to nibble on it. Unfortunately for Orville, Ray, the owner of the field happens to be walking by when he sees Orville pick the ear of corn. Ray calls the police and Orville is arrested. If Orville is charged with larceny in a jurisdiction that has adopted the modern rules of larceny, he will probably be:
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Correct Modern statutes have expanded the list of properties that can be the subject of larceny so that, under modern statutes, both real and intangible property can be the subject of larceny. That being the case, even though the corn never entered Ray's possession and therefore remained real property, Orville can be convicted of larceny for taking it without Ray's permission. Thus, D is the correct answer.
Incorrect! Modern statutes have expanded the list of properties that can be the subject of larceny so that, under modern statutes, both real and intangible property can be the subject of larceny. That being the case, even though the corn never entered Ray's possession and therefore remained real property, Orville can be convicted of larceny for taking it without Ray's permission. Thus, D is the correct answer.
Question 4
Odie is riding his bike when he passes Jon's house. Odie sees that there is a bronze statute of Jon's pet cat Garfield on the porch. The statute has been mounted on a small stand. Odie has always liked Garfield and he decides to take the statute and the stand home with him. Odie leans his bike up against a tree and then climbs the few stairs to Jon's porch. Odie sees that Garfield is sleeping in a pet bed and he decides to take the bed as well. He lifts the statute off of the stand, places it back down on the porch and carries the stand to his bike. On his way back to get the cat, Jon sees what Odie is doing and calls the police. If Odie is arrested and charged with two counts of larceny for the statue and the stand, he will probably be:
Correct In order to be convicted of larceny the defendant must have carried the property away. Although the slightest movement of the property from one location to another is adequate for larceny purposes, the movement must be part of the act of carrying the property away. If the movement is made in preparation of carrying the property away it will not suffice. In this case, Odies moving of the statue did not qualify as an act of carrying away. He was simply moving the statue so that he could carry the stand to his bike. However, his moving of the stand does qualify as an act of carrying away. That being the case, even though Odie had the intent to deprive Jon of the statue as well as the stand, he can only be convicted for taking the stand. Therefore, A is the correct answer.
Incorrect! In order to be convicted of larceny the defendant must have carried the property away. Although the slightest movement of the property from one location to another is adequate for larceny purposes, the movement must be part of the act of carrying the property away. If the movement is made in preparation of carrying the property away it will not suffice. In this case, Odies moving of the statue did not qualify as an act of carrying away. He was simply moving the statue so that he could carry the stand to his bike. However, his moving of the stand does qualify as an act of carrying away. That being the case, even though Odie had the intent to deprive Jon of the statue as well as the stand, he can only be convicted for taking the stand. Therefore, A is the correct answer.
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Question 5
Orville is driving past Ray's corn fields when he sees Ray preparing to haul a load of corn to the grain market a few miles away. Orville loves corn and he concocts a plan to get Ray's corn from him. Orville pulls his truck over and introduces himself to Ray as an agent of the Environmental Protection Agency. He tells Ray that the EPA has discovered that unusually high levels of acid rain have made this season's corn crop too dangerous for human consumption and that the EPA is confiscating and destroying all corn harvests in the area. Orville tells Ray that he must give over his corn ad that he will receive a check from the Federal government for the market price of the corn in a few weeks. He then gives Ray some phony documents to sign. After Orville drives off with Ray's corn, Ray calls the EPA to verify Orville's story. When Ray finds out he has been fooled, he calls the police. Orville is arrested and charged with larceny a few days later. He will probably be:
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Correct The defendant will only be convicted of larceny if he took someone else's property wrongfully. Taking will be wrongful if it is done without the consent of the property's owner. However, if the defendant gains the victim's consent through deception, he can be convicted of larceny by trick. Typically, larceny by trick requires that the defendant gain the victim's consent through a misrepresentation of a past or present fact. In this case, Orville gained Ray's consent to take the corn through misrepresenting the present fact of who he was and why he needed to take the corn. Therefore, he can be convicted of larceny and D is the correct answer.
Incorrect! The defendant will only be convicted of larceny if he took someone else's property wrongfully. Taking will be wrongful if it is done without the consent of the property's owner. However, if the defendant gains the victim's consent through deception, he can be convicted of larceny by trick. Typically, larceny by trick requires that the defendant gain the victim's consent through a misrepresentation of a past or present fact. In this case, Orville gained Ray's consent to take the corn through misrepresenting the present fact of who he was and why he needed to take the corn. Therefore, he can be convicted of larceny and D is the correct answer.
Question 6
Orville is driving past Ray's corn fields when he sees Ray preparing to haul a load of corn to the grain market a few miles away. Orville loves corn and he concocts a plan to get Ray's corn from him. Orville pulls his truck over and offers to take Ray's corn to the market for him and return with the money he gets from the sale of the corn. Ray agrees and loads the corn onto Orville's truck. Orville, who has no intention of taking the corn to the market, begins to drive off. Ray sees that Orville is driving in the opposite direction of the market and he immediately calls the police. When Ray finds out he has been fooled, he calls the police. Orville is arrested and charged with larceny a few days later. He will probably be:
Correct
Incorrect!
Correct The defendant will only be convicted of larceny if he took someone else's property wrongfully. Taking will be wrongful if it is done without the consent of the property's owner. However, if the defendant gains the victim's consent through deception, he can be convicted of larceny by trick. Typically, larceny by trick requires that the defendant gain the victim's consent through a misrepresentation of a past or present fact. A false promise as to something in the future does not result in a larceny by trick conviction In this case, Orville gained Ray's consent to take the corn through misrepresenting his future intention of taking the corn to the market. Therefore, although it does not seem fair, Orville cannot be convicted of larceny and B is the correct answer.
Incorrect! The defendant will only be convicted of larceny if he took someone else's property wrongfully. Taking will be wrongful if it is done without the consent of the property's owner. However, if the defendant gains the victim's consent through deception, he can be convicted of larceny by trick. Typically, larceny by trick requires that the defendant gain the victim's consent through a misrepresentation of a past or present fact. A false promise as to something in the future does not result in a larceny by trick conviction In this case, Orville gained Ray's consent to take the corn through misrepresenting his future intention of taking the corn to the market. Therefore, although it does not seem fair, Orville cannot be convicted of larceny and B is the correct answer.
Correct
Incorrect!
Correct
Incorrect!
Question 7
Steven's favorite hobby is reading and he spends a lot of time in the public library in the town where he lives. One evening, while he is walking home from the library, some bigger kids start pushing him around. One of them, a girl named Tabitha, grabs the book Steven has just taken out of the library, and walks off with it. If Tabitha is charged with larceny, she will probably be:
Correct
Incorrect!
Correct A conviction for larceny requires that the property the defendant takes must belong to another person. Please note that this does not mean that the other person must own the property. All it means is that the victim must have a right to possess the property that is greater than the defendant's right to possess the property. In this case, although Steven did not own the book, he had the right to possess it. That being the case, Tabitha can be convicted for larceny and B is the correct answer.
Incorrect! A conviction for larceny requires that the property the defendant takes must belong to another person. Please note that this does not mean that the other person must own the property. All it means is that the victim must have a right to possess the property that is greater than the defendant's right to possess the property. In this case, although Steven did not own the book, he had the right to possess it. That being the case, Tabitha can be convicted for larceny and B is the correct answer.
Correct
Incorrect!
Correct
Incorrect!
Question 8
Carlito owns a high end car rental agency in Miami. His one employee, Benny is in charge of parking the returned cars in their proper spaces in Carlito's lot. Benny is only allowed to drive the cars for that purpose and, under no circumstances is he allowed to drive the cars off of the lot. One day, while Carlito is at a business meeting, Benny forges some documents indicating that a new Cadillac had been rented. Benny then drives the Cadillac to his house and hides it in his garage under a big tarpaulin. One week later, after the "client" fails to return the car, Carlito calls the police. Eventually, Benny admits to what he did and he is arrested. If he is charged with larceny, he will probably be:
Correct
Incorrect!
Correct
Incorrect!
Correct Since larceny requires the taking of property of another, if the property is lawfully in the hands of the defendant already he cannot be charged with larceny. However, if the defendant only has custody over the property then he can be convicted of larceny. In this case, Benny only had custody over the cars because his authority over them was limited. That being the case, the cars were not considered to be in his possession and he can be convicted of larceny. Thus, C is the correct answer.
Incorrect! Since larceny requires the taking of property of another, if the property is lawfully in the hands of the defendant already he cannot be charged with larceny. However, if the defendant only has custody over the property then he can be convicted of larceny. In this case, Benny only had custody over the cars because his authority over them was limited. That being the case, the cars were not considered to be in his possession and he can be convicted of larceny. Thus, C is the correct answer.
Correct
Incorrect!
Question 9
Carlito owns a high end car rental agency in Miami. His one employee, Benny, is in charge of parking the returned cars in their proper spaces in Carlito's lot. Benny is also responsible for delivering cars to preferred customers and picking up cars when the renter has completed his use of the car. Often, Benny has to drive hundreds of miles to return cars that clients have rented for one way trips. One day, while Carlito is at a business meeting, Benny forges some documents indicating that a new Cadillac had been rented. Benny then drives the Cadillac to his house and hides it in his garage under a big tarpaulin. One week later, after the "client" fails to return the car, Carlito calls the police. Eventually, Benny admits to what he did and he is arrested. If he is charged with larceny, he will probably be:
Correct Since larceny requires the taking of property of another, if the property is lawfully in the hands of the defendant already he cannot be charged with larceny. However, if the defendant only has custody over the property then he can be convicted of larceny. In this case, Benny only had possession of the cars because his authority over them was significant. That being the case, the cars were considered to be in his possession and he cannot be convicted of larceny. Thus, A is the correct answer.
Incorrect! Since larceny requires the taking of property of another, if the property is lawfully in the hands of the defendant already he cannot be charged with larceny. However, if the defendant only has custody over the property then he can be convicted of larceny. In this case, Benny only had possession of the cars because his authority over them was significant. That being the case, the cars were considered to be in his possession and he cannot be convicted of larceny. Thus, A is the correct answer.
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Question 10
Carlito owns a high end car rental agency in Miami. His one employee, Benny, is in charge of parking the returned cars in their proper spaces in Carlito's lot. Benny is only allowed to drive the cars for that purpose and, under no circumstances is he allowed to drive the cars off of the lot. One day, while Carlito is at a business meeting, Benny gets into a new Cadillac and drives it over to his girlfriend's house. Benny plans on cruising through the city with her, taking her to a drive in movie and then returning the car before Carlito gets back. Unfortunately for Benny, Carlito returns from the meeting a few hours early and, when he sees that one of his new Cadillacs is missing, he calls the police. Eventually, the car is found and Benny is arrested. If he is charged with larceny, he will probably be:
Correct
Incorrect!
Correct In order for the defendant to be convicted of larceny, he must have acted with the intent to permanently deprive the owner of the property. That being the case, if the defendant took and carried away the property of another with the intent of returning it, he cannot be convicted of larceny. In this case, Benny never intended to permanently deprive Carlito of the car. Therefore, he cannot be convicted of larceny and B is the correct answer.
Incorrect! In order for the defendant to be convicted of larceny, he must have acted with the intent to permanently deprive the owner of the property. That being the case, if the defendant took and carried away the property of another with the intent of returning it, he cannot be convicted of larceny. In this case, Benny never intended to permanently deprive Carlito of the car. Therefore, he cannot be convicted of larceny and B is the correct answer.
Correct
Incorrect!
Correct
Incorrect!
Question 11
Carlito owns a high end car rental agency in Miami. His one employee, Benny, is in charge of parking the returned cars in their proper spaces in Carlito's lot. Benny is only allowed to drive the cars for that purpose and, under no circumstances is he allowed to drive the cars off of the lot. One day, while Carlito is at a business meeting, Benny gets into a new Cadillac and drives it over to his friend's house. Benny plans on playing a few rounds of chicken with the car and then returning the car before Carlito gets back. Unfortunately for Benny, Carlito returns from the meeting a few hours early and, when he sees that one of his new Cadillacs is missing, he calls the police. Eventually, the car is found and Benny is arrested. If he is charged with larceny, he will probably be:
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Correct In order for the defendant to be convicted of larceny, he must have acted with the intent to permanently deprive the owner of the property. However, even if the defendant takes the property without intending to permanently deprive the owner, he can still be convicted of larceny if he took the property with the intent of doing something with it that would create a substantial risk of its permanent loss to the owner. Here, Benny took the car with the intent of using it to play chicken which bears a high risk that the car could be destroyed. That being the case, he can be convicted of larceny in this case and D is the correct answer.
Incorrect! In order for the defendant to be convicted of larceny, he must have acted with the intent to permanently deprive the owner of the property. However, even if the defendant takes the property without intending to permanently deprive the owner, he can still be convicted of larceny if he took the property with the intent of doing something with it that would create a substantial risk of its permanent loss to the owner. Here, Benny took the car with the intent of using it to play chicken which bears a high risk that the car could be destroyed. That being the case, he can be convicted of larceny in this case and D is the correct answer.
Question 12
Nomar and Pedro love playing catch with a baseball. One morning, Nomar realizes that he has lost his last baseball. He doesn't feel like going to the sporting goods store to buy a new ball so he goes into Manny's room, grabs a ball out of Manny's gym bag, and goes outside with Pedro. Nomar intends to keep the ball after he finishes playing catch with Pedro but he also intends to go to the sporting goods store later that day and buy Manny a new ball. Manny sees Nomar and Pedro playing catch with his ball and calls the police. If Nomar is charged with larceny, he will probably be:
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Correct If the defendant takes property from the victim with the intent of returning equivalent, but not identical, property to the victim, he will not be convicted of larceny if the property is of a type where it will not make a difference to the victim whether the original property or its equivalent is returned to him. In this case, Nomar intends to return equivalent, but not, identical, property. However, a baseball is not the kind of item where it would make a difference if the original or equivalent is returned. Therefore, Nomar cannot be convicted of larceny and D is the correct answer.
Incorrect! If the defendant takes property from the victim with the intent of returning equivalent, but not identical, property to the victim, he will not be convicted of larceny if the property is of a type where it will not make a difference to the victim whether the original property or its equivalent is returned to him. In this case, Nomar intends to return equivalent, but not, identical, property. However, a baseball is not the kind of item where it would make a difference if the original or equivalent is returned. Therefore, Nomar cannot be convicted of larceny and D is the correct answer.
Question 13
The batteries in Daphne's walkman have just died so she goes into Roz's room to get a new pack. Daphne finds some batteries and, although Roz does not give her permission, Daphne takes them. Daphne has every intention of returning the batteries but not before they are mostly used up. In Fact, Daphne does return the batteries to Roz but only after they are almost dead If Daphne is charged with larceny for taking the batteries in a jurisdiction that has adopted the Model Penal Code, she will probably be:
Correct
Incorrect!
Correct
Incorrect!
Correct Under the model penal code, a defendant can be convicted of theft if he acted with the intent of depriving another person of the property that he has taken, which is defined to include withholding the property either permanently or for a long enough period of time that it has lost most of its economic value. Here, Since Daphne withheld the batteries from Roz until their economic value was almost gone, Daphne can be convicted and C is the correct answer.
Incorrect! Under the model penal code, a defendant can be convicted of theft if he acted with the intent of depriving another person of the property that he has taken, which is defined to include withholding the property either permanently or for a long enough period of time that it has lost most of its economic value. Here, Since Daphne withheld the batteries from Roz until their economic value was almost gone, Daphne can be convicted and C is the correct answer.
Correct
Incorrect!
Question 14
Steve loves fishing and he asks his friend Irwin if he can borrow his cabin cruiser for the day to do some deep sea fishing. Irwin allows Steve to borrow the boat. Steve takes the boat to his favorite fishing spot but, at the end of the day, Steve has had so much fun that he decides to keep the boat and not return in to Irwin. Steve begins to cruise south to another harbor where he can dock the boat so that no one will find it. When Steve does not return with the boat, Irwin calls the coast guard. Steve is eventually found and arrested. If Steve is charged with larceny, he will probably be:
Correct In order to be convicted for larceny, the defendant must have intended to permanently deprive the owner of his property at the time he took it. If the defendant takes the property and then later formulates the intent he is not guilty of larceny. Here, Steve did not form the intent to permanently deprive Irwin of the boat until after he had taken it. Therefore, he cannot be convicted of larceny and A is the correct answer.
Incorrect! In order to be convicted for larceny, the defendant must have intended to permanently deprive the owner of his property at the time he took it. If the defendant takes the property and then later formulates the intent he is not guilty of larceny. Here, Steve did not form the intent to permanently deprive Irwin of the boat until after he had taken it. Therefore, he cannot be convicted of larceny and A is the correct answer.