FYLSX - Baby Bar Property Crimes Flashcards
6 cards from real FYLSX practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 6 FYLSX - Baby Bar Property Crimes flashcards as text
At common law, burglary is defined as the breaking and entering of the dwelling house of another at nighttime with the intent to commit a felony therein. Which element is NOT satisfied if the defendant enters through an already-open door?
Answer: Breaking
Common law requires a 'breaking' — actual or constructive — and entering through an already-open door involves no breaking, though constructive breaking (e.g., fraud) may apply.
Dan enters a house at 2 a.m. through an open window intending to steal a TV. After entering, he changes his mind and leaves without taking anything. Under common law, is Dan guilty of burglary?
Answer: Yes, because he had the intent to commit a felony at the time of entry
Common law burglary is complete upon entry with the required intent; the intended felony need not be completed — abandonment inside does not negate the already-completed burglary.
Modern statutes have expanded common law burglary in several ways. Which of the following is a common modern-law expansion?
Answer: Eliminating the nighttime requirement and including non-dwelling structures
Modern burglary statutes typically eliminate the nighttime requirement and extend coverage to any structure (not just dwellings), including stores and vehicles.
Common law arson is best defined as:
Answer: The malicious burning of the dwelling house of another
Common law arson is the malicious burning of the dwelling house of another; it does not cover all structures or property.
Dave intentionally burns down his own home to collect insurance money. Under common law, has Dave committed arson?
Answer: No, because common law arson requires burning another's dwelling
Common law arson requires burning the dwelling house of *another*, so burning one's own home is not common law arson (though modern statutes often criminalize it separately).
What is 'constructive breaking' in the context of common law burglary?
Answer: Gaining entry through fraud or threat rather than physical force
Constructive breaking occurs when the defendant gains entry through fraud, threats, or intimidation rather than actual physical force, satisfying the 'breaking' element.