Question 1

Explain how the statutory scheme of consolidation of theft differs from the older statutory schemes.

Accepted Answer

The statutory scheme of consolidation of...

Question 2

In the crime of false pretense, the false representation is of a:

Accepted Answer

A)   contemporaneous event
B)   simultaneous event
C)   future event
D)   past or present factE) B) and D)
F) B) and C)

Question 3

Although some jurisdictions have retained the common law definition of arson and others have expanded it, all require one element in common, that is,

Accepted Answer

A)   the intent must be to damage or destroy the structure
B)   intent to deprive the owner of possession of the property
C)   it must be a dwelling
D)   it must be a dwelling of anotherE) None of the above
F) B) and C)

Question 4

A approaches the home of B intending to break in and steal his property. Upon arrival at the home of B, A broke a window and then discovered the door standing open and entered. What would A be charged with? What would be the result of the trial, and why?

Accepted Answer

A would likely be charged with burglary,...

Question 5

The oldest of the federal statutes, passed in 1872, that covers crimes traditional considered to be state issues:

Accepted Answer

A)   mail fraud statute
B)   consolidated theft statute
C)   elder fraud abuse statute
D)   securities fraud statuteE) B) and C)
F) A) and B)

Question 6

What constitutes burning under arson statutes? Identify how the statutory definition differs between jurisdictions.

Accepted Answer

Burning under arson statutes typically r...

Question 7

The oldest common law theft crime is ___________________, which is the most frequently committed serious crime in the United States.

Accepted Answer

A)   burglary
B)   motor vehicle theft
C)   arson
D)   larceny-theftE) All of the above
F) A) and D)

Question 8

One of the legal fictions developed to expand certain situations involving larceny-theft is ________________________, which refers to the condition of having power to control an item along with the intent to do so.

Accepted Answer

A)   petit larceny
B)   custody
C)   constructive possession
D)   actual possessionE) B) and C)
F) A) and D)

Question 9

Discuss the differences between the common law crime of larceny-theft and the modern approaches to the theft offenses.

Accepted Answer

The common law crime of larceny-theft an...

Question 10

If A goes not to B's home but to his barn, discuss the difference in the charges under the common law and the modern code approach.

Accepted Answer

Under the common law approach, if A goes...

Question 11

Motor vehicle crimes are significant, with thefts resulting in ________ in losses in 2014.

Accepted Answer

A)   10 billion
B)   4.5 billion
C)   1 billion
D)   500 millionE) None of the above
F) A) and D)

Question 12

Under the securities acts many specific acts are prohibited. Which element is the most important and hardest to prove, and why?

Accepted Answer

The most important and hardest element t...

Question 13

Under common law arson, included in the definition of dwelling were pertinent buildings that were within the , such as the enclosed ground, garage, barn, stable, cellar, and other buildings immediately surrounding the dwelling.

Accepted Answer

A)   Curtilage
B)   Home
C)   Dwelling area
D)   PerimeterE) B) and D)
F) A) and C)

Question 14

How are cybercrime and computer crime distinguishable from each other?

Accepted Answer

A)   Cybercrime involves banking information
B)   Computer crimes involve banking information
C)   Cybercrime involves the use of the Internet
D)   Computer crime involves the use of the InternetE) None of the above
F) A) and B) C

Question 15

Unlike the crime of mail and wire fraud, the crime of __________________ refers to obtaining title to property by falsely representing facts to the owner with the intent to defraud.

Accepted Answer

A)   insider trading
B)   securities fraud
C)   false pretense
D)   health care fraudE) B) and C)
F) B) and D)

Question 16

What is constructive possession? How does constructive possession differ from actual possession? How has the concept been implemented in modern property crime law? Give an example of a scenario in which an individual has only constructive possession, not actual possession, of personal property.

Accepted Answer

Constructive possession refers to the le...

Question 17

List the elements of burglary. Define each element and discuss the difference between the common law interpretations of these elements, with modern burglary statutes.

Accepted Answer

Burglary is a criminal offense that invo...

Question 18

Sarbanes-Oxley is a statutory attempt to penalize corporate crime. It contains new laws concerning:

Accepted Answer

A)   obstruction of justice
B)   insider trading
C)   securities fraud
D)   violation of fiduciary dutiesE) C) and D)
F) A) and B)

Question 19

Explain the difference in the bailee-bailor exception and the master-servant exception on the issue of possession.

Accepted Answer

The bailee-bailor exception and the master-servant exception both deal with the issue of possession, but they do so in different contexts.

The bailee-bailor exception pertains to situations where one party (the bailee) has temporary possession of another party's (the bailor) property for a specific purpose, such as storage or repair. In this exception, the bailee is considered to have possession of the property, but the bailor retains legal ownership. This means that the bailee has a duty to take care of the property and return it to the bailor in the same condition as when it was entrusted to them.

On the other hand, the master-servant exception applies to situations where an employee (the servant) is acting within the scope of their employment and using property belonging to their employer (the master). In this exception, the servant is considered to be acting on behalf of the master, and therefore the possession of the property is attributed to the master. This means that the master is responsible for the actions of the servant in relation to the property, and may be held liable for any damage or harm caused by the servant's use of the property.

In summary, the bailee-bailor exception deals with temporary possession for a specific purpose, where legal ownership remains with the bailor, while the master-servant exception deals with possession in the context of an employment relationship, where the master is considered to have possession of property used by the servant within the scope of their employment.

Question 20

Explain the intent element in the crime of arson.

Accepted Answer

The intent element in the crime of arson refers to the mental state of the perpetrator at the time the fire was set. In order to be convicted of arson, the prosecution must prove that the individual intentionally and willfully set fire to a building, structure, or property. This means that the person had the conscious desire to start the fire or was aware that their actions would result in a fire. In some jurisdictions, there are different degrees of arson based on the intent of the perpetrator, such as first-degree arson for intentional and malicious fires, and second-degree arson for reckless or negligent fires. The intent element is crucial in determining the severity of the crime and the appropriate punishment for the offender.

Exam 7: Property and Related Crimes

Explain how the statutory scheme of consolidation of theft differs from the older statutory schemes.

Correct Answer
Answered by ExamLex AI
The statutory scheme of consolidation of...
View Answer

In the crime of false pretense, the false representation is of a:

Correct Answer
verified

Although some jurisdictions have retained the common law definition of arson and others have expanded it, all require one element in common, that is,

Correct Answer
verified

A approaches the home of B intending to break in and steal his property. Upon arrival at the home of B, A broke a window and then discovered the door standing open and entered. What would A be charged with? What would be the result of the trial, and why?

Correct Answer
Answered by ExamLex AI
A would likely be charged with burglary,...
View Answer

The oldest of the federal statutes, passed in 1872, that covers crimes traditional considered to be state issues:

Correct Answer
verified

What constitutes burning under arson statutes? Identify how the statutory definition differs between jurisdictions.

Correct Answer
Answered by ExamLex AI
Burning under arson statutes typically r...
View Answer

The oldest common law theft crime is ___________________, which is the most frequently committed serious crime in the United States.

Correct Answer
verified

One of the legal fictions developed to expand certain situations involving larceny-theft is ________________________, which refers to the condition of having power to control an item along with the intent to do so.

Correct Answer
verified

Discuss the differences between the common law crime of larceny-theft and the modern approaches to the theft offenses.

Correct Answer
Answered by ExamLex AI
The common law crime of larceny-theft an...
View Answer

If A goes not to B's home but to his barn, discuss the difference in the charges under the common law and the modern code approach.

Correct Answer
Answered by ExamLex AI
Under the common law approach, if A goes...
View Answer

Motor vehicle crimes are significant, with thefts resulting in ________ in losses in 2014.

Correct Answer
verified

Under the securities acts many specific acts are prohibited. Which element is the most important and hardest to prove, and why?

Correct Answer
Answered by ExamLex AI
The most important and hardest element t...
View Answer

Under common law arson, included in the definition of dwelling were pertinent buildings that were within the , such as the enclosed ground, garage, barn, stable, cellar, and other buildings immediately surrounding the dwelling.

Correct Answer
verified

How are cybercrime and computer crime distinguishable from each other?

Correct Answer
verified
C

Unlike the crime of mail and wire fraud, the crime of __________________ refers to obtaining title to property by falsely representing facts to the owner with the intent to defraud.

Correct Answer
verified

What is constructive possession? How does constructive possession differ from actual possession? How has the concept been implemented in modern property crime law? Give an example of a scenario in which an individual has only constructive possession, not actual possession, of personal property.

Correct Answer
Answered by ExamLex AI
Constructive possession refers to the le...
View Answer

List the elements of burglary. Define each element and discuss the difference between the common law interpretations of these elements, with modern burglary statutes.

Correct Answer
Answered by ExamLex AI
Burglary is a criminal offense that invo...
View Answer

Sarbanes-Oxley is a statutory attempt to penalize corporate crime. It contains new laws concerning:

Correct Answer
verified

Explain the difference in the bailee-bailor exception and the master-servant exception on the issue of possession.

Explain the intent element in the crime of arson.

Exam 7: Property and Related Crimes

Explain how the statutory scheme of consolidation of theft differs from the older statutory schemes.

Correct AnswerAnswered by ExamLex AIThe statutory scheme of consolidation of...View AnswerShow Answer

In the crime of false pretense, the false representation is of a:

Correct AnswerverifiedShow Answer

Although some jurisdictions have retained the common law definition of arson and others have expanded it, all require one element in common, that is,

Correct AnswerverifiedShow Answer

A approaches the home of B intending to break in and steal his property. Upon arrival at the home of B, A broke a window and then discovered the door standing open and entered. What would A be charged with? What would be the result of the trial, and why?

Correct AnswerAnswered by ExamLex AIA would likely be charged with burglary,...View AnswerShow Answer

The oldest of the federal statutes, passed in 1872, that covers crimes traditional considered to be state issues:

Correct AnswerverifiedShow Answer

What constitutes burning under arson statutes? Identify how the statutory definition differs between jurisdictions.

Correct AnswerAnswered by ExamLex AIBurning under arson statutes typically r...View AnswerShow Answer

The oldest common law theft crime is ___________________, which is the most frequently committed serious crime in the United States.

Correct AnswerverifiedShow Answer

One of the legal fictions developed to expand certain situations involving larceny-theft is ________________________, which refers to the condition of having power to control an item along with the intent to do so.

Correct AnswerverifiedShow Answer

Discuss the differences between the common law crime of larceny-theft and the modern approaches to the theft offenses.

Correct AnswerAnswered by ExamLex AIThe common law crime of larceny-theft an...View AnswerShow Answer

If A goes not to B's home but to his barn, discuss the difference in the charges under the common law and the modern code approach.

Correct AnswerAnswered by ExamLex AIUnder the common law approach, if A goes...View AnswerShow Answer

Motor vehicle crimes are significant, with thefts resulting in ________ in losses in 2014.

Correct AnswerverifiedShow Answer

Under the securities acts many specific acts are prohibited. Which element is the most important and hardest to prove, and why?

Correct AnswerAnswered by ExamLex AIThe most important and hardest element t...View AnswerShow Answer

Under common law arson, included in the definition of dwelling were pertinent buildings that were within the , such as the enclosed ground, garage, barn, stable, cellar, and other buildings immediately surrounding the dwelling.

Correct AnswerverifiedShow Answer

How are cybercrime and computer crime distinguishable from each other?

Correct AnswerverifiedC

Unlike the crime of mail and wire fraud, the crime of __________________ refers to obtaining title to property by falsely representing facts to the owner with the intent to defraud.

Correct AnswerverifiedShow Answer

What is constructive possession? How does constructive possession differ from actual possession? How has the concept been implemented in modern property crime law? Give an example of a scenario in which an individual has only constructive possession, not actual possession, of personal property.

Correct AnswerAnswered by ExamLex AIConstructive possession refers to the le...View AnswerShow Answer

List the elements of burglary. Define each element and discuss the difference between the common law interpretations of these elements, with modern burglary statutes.

Correct AnswerAnswered by ExamLex AIBurglary is a criminal offense that invo...View AnswerShow Answer

Sarbanes-Oxley is a statutory attempt to penalize corporate crime. It contains new laws concerning:

Correct AnswerverifiedShow Answer

Explain the difference in the bailee-bailor exception and the master-servant exception on the issue of possession.

Explain the intent element in the crime of arson.

Correct Answer
Answered by ExamLex AI
The statutory scheme of consolidation of...
View Answer

Correct Answer
verified

Correct Answer
verified

Correct Answer
Answered by ExamLex AI
A would likely be charged with burglary,...
View Answer

Correct Answer
verified

Correct Answer
Answered by ExamLex AI
Burning under arson statutes typically r...
View Answer

Correct Answer
verified

Correct Answer
verified

Correct Answer
Answered by ExamLex AI
The common law crime of larceny-theft an...
View Answer

Correct Answer
Answered by ExamLex AI
Under the common law approach, if A goes...
View Answer

Correct Answer
verified

Correct Answer
Answered by ExamLex AI
The most important and hardest element t...
View Answer

Correct Answer
verified

Correct Answer
verified
C

Correct Answer
verified

Correct Answer
Answered by ExamLex AI
Constructive possession refers to the le...
View Answer

Correct Answer
Answered by ExamLex AI
Burglary is a criminal offense that invo...
View Answer

Correct Answer
verified