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102 cards
1Under the common law, under what circumstances does a trespassory taking occur?
2Under the common law, what is possession?
3Under the common law, what does it mean to have custody of property?
4Under the common law, what is larceny?
5Under the common law, under what circumstances does larceny by trick occur?
6Is larceny an offense specified under the MPC?
7What is the actus reus for larceny?
8Is the modern common-law view of larceny limited to the taking of chattels?
9Under the historical common law, was it larceny for a defendant to take property that belonged both to the defendant and a co-owner?
10Under the common law of larceny, is property in which a person has a security interest considered the property of another?
11Under the common law of larceny, is contraband considered the property of another?
12A drug dealer hid a stash of drugs in a trash bin and walked away to seek buyers. A passerby took the drugs from the bin and ran off with them. The...
13What specific intent must a defendant possess to satisfy the mens rea for larceny?
14Under the common law, may a defendant be convicted of larceny for receiving property that was delivered by mistake?
15Under the common law of larceny, can a defendant’s rightful possession of a container ever give rise to larceny with respect to items within the co...
16To whom does lost or mislaid property belong?
17If a person finds property that appears to be lost or mislaid and intends to keep the property, can this be a basis for larceny?
18As the defendant was walking to work, it started to rain. The defendant stepped into a nearby convenience store, grabbed an umbrella from the shelf...
19Under the common law, what is robbery?
20What additional elements differentiate a robbery from a larceny?
21Under the common law of robbery, is there a specific distance that determines if property is in the person or presence of another?
22Under the common law of robbery, what is force?
23Under the common law of robbery, what must the prosecution show to satisfy the element of intimidation?
24Under the common law of robbery, is the intimidation element satisfied if the defendant uses force or intimidation against someone other than the p...
25Under the common law of robbery, is a defendant’s good faith claim of right to the property a defense?
26Under the common law, what is armed robbery?
27What are the elements of robbery under the MPC?
28A man was strolling through a park when the defendant approached him and said, "Give me your wallet . . . or else." The man complied, and the defen...
29Two parties approached a victim who was sitting on a park bench holding an expensive smartphone. The first party asked the victim for a cigarette a...
30What is the general common-law definition of extortion?
31What is the MPC definition of extortion?
32What is the common-law definition of embezzlement?
33What is the common-law definition of receiving stolen property?
34Under both the common law and the MPC, what is the mens rea for receipt of stolen property?
35What is the common-law definition of false pretenses?
36Under the common law of false pretenses, may the misrepresentation of fact be one about a future fact or event?
37Under the common law of false pretenses, what is intent to defraud?
38Under the common law, what is forgery?
39What is the historical common-law definition of burglary?
40In the common law of burglary, under what circumstances does a constructive breaking occur?
41A teenager walked by a neighbor's home one night and saw the living-room window wide open. On a table just inside the window rested an expensive la...
42How do most modern criminal codes define burglary?
43Do most modern jurisdictions have a nighttime requirement for burglary?
44What is the mens rea for burglary?
45A teenager was curious to explore a neighbor’s home. One evening, believing the neighbor to be away on vacation, the teenager broke into the home b...
46What is the common-law definition of battery?
47Is battery only a specific-intent crime?
48Under the common law, what is physical contact sufficient for battery?
49What is the actus reus of battery?
50Under the common law of battery, what is harmful contact?
51Under the common law of battery, what is offensive contact?
52What differentiates simple battery from more aggravated forms of battery?
53Under what circumstances can consent be a defense to criminal battery?
54Under the common law, what is assault?
55For purposes of common-law assault, is apprehension the same as fear?
56For purposes of common-law assault, must the defendant have the ability to carry out the battery to be convicted?
57Under the common law of assault, is a threat to batter someone at a future time sufficient to constitute assault?
58For purposes of common-law assault, may a defendant be convicted of assault based on a conditional threat?
59Under the MPC, can an assault be committed negligently?
60During an argument with a fan, a professional baseball pitcher picked up a rock and threw it at the fan's head. For a moment, the fan was certain t...
61What is the difference between assault and battery, as defined at common law?
62How does the MPC define assault?
63Are the crimes of assault and battery the same as the torts of assault and battery?
64What were the elements of common-law rape?
65What is the general modern definition of rape?
66Under most modern rape statutes, is an act excluded from the definition of rape if committed by a husband against a wife?
67Under the common-law definition of rape, what was the actus reus?
68Under the common law, is rape a specific-intent or general-intent crime?
69Under the common law of rape, was a victim required to manifest lack of consent through physical resistance?
70Under the common law, may consent to sexual intercourse be imputed to a person who was asleep at the time of the act?
71Under the common law, are there mental or cognitive conditions that can prevent a person from giving valid consent to sexual intercourse?
72Under the common law, are people below a certain age deemed legally incompetent to consent to sexual intercourse?
73Under the common law, is a person who voluntarily becomes intoxicated deemed incapable of giving consent to sexual intercourse?
74Under the common law, is liability for rape limited to sexual intercourse accomplished through force or threat of force?
75Under the common law, may a defendant be convicted for rape based on a threat alone?
76What is the MPC definition of rape?
77What are the two types of fraud the common law recognized in connection with rape?
78A patient consented to a gynecological procedure for which she would be sedated. While the patient was sedated, the doctor penetrated her sexually....
79What was the common-law marital exemption for rape?
80What is statutory rape?
81In most states, does a mistake-of-age defense defeat liability for the crime of statutory rape?
82A girl who was adopted at an early age had an 18-year-old boyfriend. The girl had consensual sex with her boyfriend on what she believed was her ei...
83What is a rape-shield statute?
84Under the common law, what is kidnapping?
85In the context of the crime of kidnapping, what is the meaning of the term asportation?
86In the context of kidnapping at common law, must the kidnapper move, or asport, the victim to any minimum extent?
87Can a person commit a kidnapping without moving the victim from one location to another?
88A jogger was running along a well-lit path at night. The defendant pointed a gun at the jogger and said, "Move off the path." The jogger complied. ...
89A boss assigned an employee a task to be completed by the end of the business day. At the close of business hours, the boss discovered that the emp...
90What is the MPC definition of kidnapping?
91What are the elements of arson at common law?
92What is the mens rea required for arson under the MPC?
93Under the common law, if a defendant burns his or her own property to defraud an insurer, is it considered arson?
94At common law, what degree of damage to a structure is required to sustain a conviction for arson?
95A camper set up camp in a dry hay field, adjacent to a residential neighborhood. A sign at the campsite read, "WARNING: Open flames pose a high ris...
96A camper set up camp in a dry hay field, adjacent to a residential neighborhood. A sign at the campsite read "WARNING: Open flames pose a high risk...
97One evening, after an argument, a rancher set out to burn down a farmer's house. The house was connected to a wooden fence encircling the farmer’s ...
98In the context of criminal law, what requirements must be satisfied for a defendant to be deemed to have actual possession of something?
99In the context of criminal law, what requirements must be satisfied for a defendant to be deemed to have constructive possession of something?
100In the context of criminal law, under what circumstances may a defendant be deemed not to possess an item physically located on the defendant's per...
101In the context of criminal law, is it possible for more than one person to possess a single item of contraband at the same time?
102Having pulled over a car with two occupants, the police observe a clear bag of marijuana on the center console, between the vehicle’s front two sea...
All flashcards
102 cards