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The flashcards below were created by user
BlasterGirl
on FreezingBlue Flashcards.
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What are the elements for larceny?
Notes:
- AR: Taking away another's property by trespass (without valid consent)
- MR: Intent to permanently derpive
Notes: brief dispossession suffices, thief doesn't have to keep, personal property, title not given.
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What are the elements for Embezzlement?
- AR: Conversion of property held in trust.
- MR: Intent to defraud.
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What are the elements for False Pretenses?
- AR: Taking title to property by misrepresentation (about present or past fact).
- MR: Intent to defraud
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What are the elements for Robbery?
- AR: Taking another's personal property from his presence by threat of force or actual force.
- MR: intent to permanently deprive (specific intent)
Note: V's presence necessary, harm must be immediate
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What are the elements for Extortion?
- AR: Seeking to obtain another's property by future threat.
- MR: Intent to permanently deprive (specific intent)
Notes: Contrast to Robbery: Here, V's presence not needed and harm need not be immediate.
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What are the elements for Receiving Stolen Property?
- AR: Receiving another's personal property
- MR: w/knowledge it has been stolen AND intent to permanently deprive (specific intent).
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What are the elements for Forgery?
- AR: Making or altering a writing to make it false.
- MR: Intent to defraud (specific intent).
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What are the elements for Uttering?
Wrongfully milking a cow?
- AR: Offering for genuine a forged document.
- MR: Intent to defraud (specific intent)
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What are the elements for Malicious Mischief?
- AR: Damaging property of another.
- MR: Gross negligence (>=recklessness)
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What are the elements for COMMON LAW Burglary?
- AR: Breaking & Entering dwelling of another at night.
- MR: Intent to commit felong within (specific intent)
- (a) Breaking: any force or by threat or fraud.
- (b) Entering: any part of the body or object.
- (c) Dwelling: anywhere someone sleeps.
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What are the elements for MODERN Burglary?
- AR: Breaking & Entering any (not just dwelling) structure of another at any time (not just at night).
- MR: Intent to commit felony within (specific intent).
Note: If not burglary under the modern trend, not burglary at common law.
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What are the elements for COMMON LAW Arson?
- AR: Burning the dwelling of another.
- MR: Malice (>=recklessness)
- (a) Burning: flame damage (not just heat or smoke damage).
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What are the elements for MODERN Arson?
- AR: Burning (doesn't have to be dwelling, doesn't have to be of another).
- MR: Malice (>=recklessness)
- (a) Houseburning: Maliciously burning own house in city, town or so near other houses as to pose danger.
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What are the elements for Criminal Trespass?
- AR: Entering or remaining on a property without authoirzation.
- MR: Knowledge it is not authoirzed.
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