Crim Law Module 2 End of Lecture Questions

Regarding larceny, which of the following is FALSE?

Obtaining services from another person without paying for those services constitutes larceny at common law.

Any movement of tangible, personal property may constitute larceny even though the property has not been removed from the owner’s premises.

Consent obtained by fraud does not excuse conduct that otherwise would be larceny.

Borrowing tangible, personal property with the intent to return it does not constitute larceny.

Obtaining services from another person without paying for those services constitutes larceny at common law.

Which of the following is NOT an element of robbery?

The taking must be from the person or presence of the victim

Taking the real property of another

By force or intimidation

The taking must be trespassory

Taking the real property of another

FILL IN THE BLANKS. Robbery equals __________ plus __________.

false pretenses, assault

false pretenses, battery

larceny, assault

larceny, battery

larceny, assault

Regarding burglary, which of the following is TRUE?

Entry into the dwelling of another for the purposes of committing a felony is burglary even when the entry is gained with the permission of a resident.

The commission of a felony within the dwelling of another is burglary even when the intent to commit the felony did not arise until after entry.

The defendant must intend to commit a BARRK felony in order to be guilty of burglary.

A person cannot burglarize his own dwelling.

A person cannot burglarize his own dwelling.

Regarding embezzlement, which of the following is TRUE?

The property embezzled does not need to belong to another person.

The embezzler needs to be in lawful possession of the property at the time of the embezzlement.

Embezzlement occurs when a person obtains title to someone else’s property through an act of deception.

A person that is guilty of embezzlement is also guilty of larceny.

The embezzler needs to be in lawful possession of the property at the time of the embezzlement.

Which of the following elements does the modern law definition of burglary NOT require?

Structure owned by another

Entering

At nighttime

Specific intent to commit a felony inside

At nighttime

Regarding battery, which of the following is FALSE?

Consent is a defense to battery.

Battery is a general-intent crime.

The application of force requires an actual physical connection between the defendant and the victim.

A slight touching can constitute force.

The application of force requires an actual physical connection between the defendant and the victim.

Which of the following is FALSE regarding assault?

Voluntary intoxication is a defense to “fear of harm” assault.

Involuntary intoxication is a defense to attempted battery assault.

If there is an actual touching, attempted battery assault rises to a battery.

If a defendant takes a substantial step toward committing a battery but fails, he is guilty of assault.

Voluntary intoxication is a defense to “fear of harm” assault.

Which of following is NOT an element of common-law rape?

Unlawful sexual intercourse

Against a female

Against a male

By force or threat of force

Against a male

Which of the following is NOT an element of kidnapping?

Confinement of the victim

Against the victim’s will

Ransom

Either by moving or hiding the victim

Ransom

Which of the following statements regarding common-law arson is TRUE?

Smoke damage constitutes burning.

Burning one’s own dwelling constitutes arson.

Arson is a specific-intent crime.

The burning must damage the structure of the building.

The burning must damage the structure of the building.

FILL IN THE BLANKS. For a specific-intent crime, __________ mistakes of fact can be a defense. For a general intent crime, __________ mistakes of fact can be a defense.

only reasonable; only reasonable

only unreasonable; only unreasonable

all; all

all; only reasonable

all; only reasonable

Regarding self-defense, which of the following is FALSE?

A person may use non-deadly force in self-defense anytime he fears an imminent unlawful harm.

A person may generally use deadly force in response to an imminent threat of deadly force.

Under the majority rule, there is a duty to retreat unless it is not safe to do so.

Retreat is not required when the person employing deadly force is in his own home.

Under the majority rule, there is a duty to retreat unless it is not safe to do so.

Regarding duress, which of the following is TRUE?

Duress is a defense to all crimes except intentional murder.

Duress is a defense to all crimes except specific-intent crimes.

Duress is a defense if injury to property is threatened.

Duress is a defense even if the defendant unreasonably believed that the only way to avoid death was to commit the crime.

Duress is a defense to all crimes except intentional murder.

FILL IN THE BLANK. Necessity is a defense available in response to __________.

deadly force

natural force

nondeadly force

any force that the defendant believed would cause imminent bodily injury or death

natural force