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
Embezzlement differs from larceny because embezzlement involves:
Answer: A fraudulent conversion of property already lawfully in the defendant's possession
Embezzlement involves fraudulently converting property that was entrusted to and lawfully possessed by the defendant, distinguishing it from larceny's trespassory taking.
False pretenses requires obtaining title to property through a knowingly false representation of a present or past material fact. Which scenario is false pretenses (not larceny by trick)?
Answer: Defendant obtains a car by giving a check he knows will bounce, causing the owner to transfer title
False pretenses occurs when title itself passes due to the fraud; a bounced-check scheme that induces transfer of ownership is the classic example.
Larceny by trick and false pretenses both involve deception. The critical distinction is:
Answer: In larceny by trick only possession passes; in false pretenses title passes to the defendant
The distinction turns on what passes to the defendant: if only possession transfers due to fraud, it is larceny by trick; if title transfers, it is false pretenses.
For the FYLSX, forgery is best defined as:
Answer: Making or altering a writing with apparent legal significance with fraudulent intent
Forgery is the making, altering, or uttering of a false writing with apparent legal significance — such as a contract or check — with intent to defraud.
Under the common law, which of the following is the mens rea required for arson?
Answer: Malice — the intentional or reckless disregard of an obvious risk of burning a dwelling
Common law arson requires malice, meaning the defendant intentionally set the fire or acted with reckless disregard of the obvious risk of burning another's dwelling.
Which of the following scenarios would satisfy the 'asportation' element of common law larceny?
Answer: Defendant moves a piece of furniture six inches before being interrupted
Asportation requires only the slightest movement of the property; moving an item even a few inches satisfies this element under common law.