FYLSX FYLSX - Baby Bar Property Crimes

Question 1

Common law larceny requires a 'trespassory taking and carrying away of the personal property of another with intent to permanently deprive.' Which element is MISSING if the defendant mistakenly takes property believing it is his own?

Accepted Answer

Trespassory taking

Answer

A good-faith belief in ownership negates the trespassory taking element because there is no intent to take another's property unlawfully.

Question 2

Defendant picks up a wallet from the street, sees it contains $200, and decides to keep it. He is aware of a reasonable method to find the owner but ignores it. He is most likely guilty of:

Accepted Answer

Larceny by finding

Answer

Larceny by finding occurs when the finder realizes at the time of taking (or shortly after) that the owner is identifiable but nonetheless keeps the property with intent to deprive.

Question 3

Robbery differs from larceny primarily because robbery requires:

Accepted Answer

Taking property from a person by force or intimidation

Answer

Robbery is larceny from a person accomplished by force or intimidation (putting the victim in fear), which is the key distinction from simple larceny.

Question 4

Dan grabs Karen's purse and runs away. Karen chases Dan and Dan threatens to stab her with a knife unless she stops. Which crime best describes Dan's conduct?

Accepted Answer

Robbery, because force was used in immediate flight after the taking

Answer

Under the modern rule, force or threats used immediately after a taking — during continuous flight — satisfy the force requirement for robbery.

Question 5

Extortion (blackmail) at common law differs from robbery primarily because extortion involves:

Accepted Answer

A threat of future harm or exposure of information to obtain property

Answer

Extortion involves obtaining property by threatening future harm (or threatening to reveal damaging information), while robbery requires present force or fear.

(FYLSX) Baby Bar Exam Practice Test

(FYLSX) Baby Bar Exam Practice Test

FYLSX FYLSX - Baby Bar Property Crimes