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Law
Q:
A strong-arm robbery is one in which
a. the victim is a child
b. the victim is injured
c. a deadly weapon is used
d. no weapon is displayed or used
Q:
"Strong arm" robbery is also known as
a. misdemeanor robbery
b. armed robbery
c. simple robbery
d. aggravated robbery
Q:
Robbery may be thought of as a type of stealing.
a. forcible
b. covert
c. surreptitious
d. inchoate
Q:
For purposes of a burglary charge, general intent may be inferred from the circumstances of the break-in itself.a. Trueb. False
Q:
Criminal trespass occurs when a person unlawfully and knowingly enters the land or building of another.
a. True
b. False
Q:
In some states the burglary statute requires the intent to commit a felony; in others, specific crimes are listed.
a. True
b. False
Q:
For the crime of extortion, the threat need not be communicated in the actual, physical presence of the victim.
a. True
b. False
Q:
If the threat is to inflict harm in the future, the offense charged will be robbery rather than extortion.
a. True
b. False
Q:
Grabbing a victim and turning her around to get at her purse is not enough to make purse snatching a robbery.
a. True
b. False
Q:
Theft differs from robbery in that robbery involves force or threat of force.
a. True
b. False
Q:
Home invasion requires unlawful entry of the dwelling of another with intent to commit a crime, with persons present in the home, and the use force or threat of force to commit a crime.
a. True
b. False
Q:
Strongarm robbery is commonly called "armed robbery."
a. True
b. False
Q:
Robbery is the taking of property from a person or from the presence of the victim by the use of force or threat of force.
a. True
b. False
Q:
Two important rights to property are
a. ownership and title
b. ownership and possession
c. title and disposability
d. title and immutability
Q:
"Property" is divided into what two types?
a. personal and tangible
b. personal and intangible
c. real and personal
d. single ownership and dual ownership
Q:
The crime of forgery may involve creation of a fake document with intent to defraud.
a. True
b. False
Q:
Hiding retail goods on the person can constitute taking in a shoplifting crime.
a. True
b. False
Q:
Uttering is most often committed when a person presents a forged instrument for payment.
a. True
b. False
Q:
When a forged check is presented for payment, the felony offense of theft by deception is committed.
a. True
b. False
Q:
Generally, to detain a suspected shoplifter, security personnel must have proof beyond a reasonable doubt.
a. True
b. False
Q:
A person must leave the store without paying for goods before a theft occurs.
a. True
b. False
Q:
Credit card theft can be proved by showing the defendant was in actual possession of a stolen credit card.
a. True
b. False
Q:
Check-kiting involves two bank accounts.
a. True
b. False
Q:
Taking and keeping lost or mislaid goods is not a crime.
a. True
b. False
Q:
A person may have lawful possession of property yet not be the owner.
a. True
b. False
Q:
Identify and describe the types of laws that have been passed to assist business owners in dealing with the issues involved in shoplifting situations.
Q:
Discuss how private security officers are trained to handle a shoplifting incident.
Q:
What are the two ways that credit card theft can be proved? Which do you think is the harder to prove? Why?
Q:
Describe the different ways that the taking requirement can be met in the crime of shoplifting.
Q:
How does "property of another" apply to jointly owned property? What is required for a joint owner to "take" jointly owned property?
Q:
Describe the four ways that the taking element can be proved.
Q:
What is the "money" rule? Why is the "money" rule an exception to the general property rules?
Q:
What are the elements of the crime of theft?
Q:
What is check-kiting? How does it work? Does technology make it a more difficult crime today than 20 years ago?
Q:
Creating multiple checking accounts at multiple banks for the purpose of writing fraudulent checks from one account and depositing them in another, and then withdrawing funds from the deposit bank is called .
Q:
is the wrongful injury to another's reputation.
Q:
Stealing property of another with the intent to deprive the owner of possession is called either theft or .
Q:
A exists, for example, when people take their car into a garage for repairs.
Q:
Property is divided into two types: real property and property.
Q:
Altering an existing document or creating a false document with intent to defraud are examples of the crime of
.
Q:
When a forged instrument is presented for payment, the crime of has been committed.
Q:
is the form of theft that occurs most frequently in any retail business.
Q:
To detain or arrest a shoplifter, store personnel generally have to have reasonable grounds, or .
Q:
Exercising control over the goods with the right of a shopper to possess goods prior to sale can constitute taking in a shoplifting crime.
Q:
A joint owner " " the property of the other joint owner if he/she had no right to use or keep the property and
doing so infringes on the rights of the joint owner.
Q:
The " " rule is necessary to make sure money is freely negotiable.
Q:
The crime of forbids a person already in lawful possession of property from fraudulently converting it to his own use.
Q:
Credit card theft can be proved by showing the defendant was in actual of a stolen card.
Q:
A refers to the act of obtaining physical possession or control of another's property.
Q:
Jeremy loves music and often spends hours browsing the local music stores, looking at the latest releases. Jeremy is back at the music store and finds the latest release of his favorite artist. He picks up a CD and examines each sang carefully, imagining how great it would sound played on his advanced music system at home. He has the CD in his hand and moves not towards the cash register, but towards the exit. Store security stops Jeremy at the door and Jeremy is detained.
Jeremy counter argues that the taking requirement was not met because he
a. did not hide the CD but kept it in his hand
b. never left the store
c. had only absently mindedly walked to the exit
d. had always intended to purchase the CD
Q:
Jeremy loves music and often spends hours browsing the local music stores, looking at the latest releases. Jeremy is back at the music store and finds the latest release of his favorite artist. He picks up a CD and examines each sang carefully, imagining how great it would sound played on his advanced music system at home. He has the CD in his hand and moves not towards the cash register, but towards the exit. Store security stops Jeremy at the door and Jeremy is detained.
The taking requirement, argues the music store, was met when Jeremy attempted to
a. walked around the store with the CD in his hand
b. take the CD out of the store
c. exercise control over the CD
d. move away from the security guard
Q:
Jeremy loves music and often spends hours browsing the local music stores, looking at the latest releases. Jeremy is back at the music store and finds the latest release of his favorite artist. He picks up a CD and examines each sang carefully, imagining how great it would sound played on his advanced music system at home. He has the CD in his hand and moves not towards the cash register, but towards the exit. Store security stops Jeremy at the door and Jeremy is detained.
Jeremy was accused by store management of attempted
a. theft
b. stealing
c. shoplifting
d. burglary
Q:
Upton takes blank stolen checks and goes to local stores with them. He begins purchasing big ticket items, such as a large screen TV, expensive jewelry, and even a washer and dryer machine, which he gives to his mother, by pretending to be the person listed on the check. Before long, the authorities are knocking on Upton's door and he is placed under arrest.
When Upton signs the checks using someone else's name, this is the crime of
a. theft
b. uttering
c. forgery
d. check kiting
Q:
Upton takes blank stolen checks and goes to local stores with them. He begins purchasing big ticket items, such as a large screen TV, expensive jewelry, and even a washer and dryer machine, which he gives to his mother, by pretending to be the person listed on the check. Before long, the authorities are knocking on Upton's door and he is placed under arrest.
The police would have arrested Upton for putting into circulation a check known to be worthless, which is the crime of
a. theft
b. uttering
c. unlawful presentation
d. fraudulent production
Q:
Upton takes blank stolen checks and goes to local stores with them. He begins purchasing big ticket items, such as a large screen TV, expensive jewelry, and even a washer and dryer machine, which he gives to his mother, by pretending to be the person listed on the check. Before long, the authorities are knocking on Upton's door and he is placed under arrest.
Upton's mother would be arrested for receiving stolen goods if she
a. knew of Upton's scheme
b. did not know of Upton's scheme
c. needed a new washer and dryer
d. asked Upton to purchase her a new washer and dryer
Q:
Jasmine opens her monthly bank statement and is thrilled to find she has more than $10,000 in her savings than she expected. Since it is late in the evening and past banking hours when she opened her mail, Jasmine does nothing to immediately rectify the error.If Jasmine had alerted the bank of the mistake before she withdrew the money from her account, she likely would havea. not been charged with theftb. been charged with theft because she knew of the mistake and did nothing about it c. been charged with theft because she had thought of keeping the moneyd. faced a fine for stealing
Q:
Jasmine opens her monthly bank statement and is thrilled to find she has more than $10,000 in her savings than she expected. Since it is late in the evening and past banking hours when she opened her mail, Jasmine does nothing to immediately rectify the error.Jasmine is arrested but the bank does not want the car she purchased, it wants its money back and demands the car dealership return it. The dealership says no under what principle?a. the money ruleb. the nemodatrulec. the caveatemptorrule d. the ownership rule
Q:
Jasmine opens her monthly bank statement and is thrilled to find she has more than $10,000 in her savings than she expected. Since it is late in the evening and past banking hours when she opened her mail, Jasmine does nothing to immediately rectify the error.
After several more days, Jasmine withdraws the money and buys a new car. At this point, Jasmine would be guilty of
a. theft
b. stealing
c. shoplifting
d. burglary
Q:
Jasmine opens her monthly bank statement and is thrilled to find she has more than $10,000 in her savings than she expected. Since it is late in the evening and past banking hours when she opened her mail, Jasmine does nothing to immediately rectify the error.
The bank does not realize its mistake and Jasmine does nothing over the next couple days. In certain states, Jasmine may be guilty of
a. taking
b. stealing
c. shoplifting
d. burglary
Q:
Reasonable grounds to believe is the definition of a. incriminationb. reasonable suspicionc. probable caused. intent
Q:
Often times, defendants attempt to defeat the intent to steal requirement by contending that they intended only to the property.a. borrowb. safeguardc. return d. sell
Q:
To be labeled abandoned property requires both
a. intent and action
b. history and action
c. desire and intent
d. declaration and action
Q:
The relinquishment or surrender of property or the rights to property is calleda. relinquishment b. abandonment c. extortiond. delinquency
Q:
An example of immovable property would be
a. cars
b. lumber
c. money
d. real estate
Q:
To be guilty of the theft of immovable property, a person must unlawfully the property with purpose to benefit himself or another not entitled thereto.
a. extort
b. seize
c. reallocate
d. transfer
Q:
The use of deceit or trickery to obtain profit or advantage is termed a. extortionb. briberyc. fraudd. embezzlement
Q:
The Latin phrase caveatemptor meansa. you're on your ownb. let the buyer bewarec. one cannot give what one does not have d. buy low, sell high
Q:
Both nemo datquodnonhabettogether with the phrase caveatemptor
a. requires the innocent purchaser to be very wary of buying from strangers.
b. absolves the buyer of legal liability
c. provides a menas for the buyer to receive compensation
d. abrogates the "bond" rule
Q:
The Latin phrase nemodatquodnonhabetmeansa. you're on your ownb. let the buyer bewarec. one cannot give what one does not have d. buy low, sell high
Q:
Property ownership may be in the form of
a. sole ownership
b. business partners
c. husband and wife
d. All of these choices
Q:
Which of the following is an example of a check-kiting scheme?
a. a person has two accounts and deposits a large check from one to the other
b. a person has two accounts and deposits a large check from one to the other, then fraudulently withdraws money from the account before the check clears
c. a person has two accounts and deposits a large check from one to the other knowing the check will bounce
d. a person has two accounts and deposits a forged check in one of the accounts
Q:
The crime of uttering may be committed by presenting to a store clerka. a stolen credit card b. a stolen debit card c. counterfeit currency d. a post-dated check
Q:
Creating a false document, or altering an existing document, is the essence of
a. forgery
b. uttering
c. counterfeiting
d. fraudulent procurement
Q:
Putting into circulation a check known to be worthless is the crime of
a. theft
b. uttering
c. unlawful presentation
d. fraudulent production
Q:
Wrongfully signing a writing or instrument in the name of the person who issued the writing or instrument, or to whom it was payable is the crime of
a. uttering
b. theft
c. forgery
d. embezzlement
Q:
Writing a bad check, or one that "bounces"
a. is always a crime
b. may be a civil, but not a criminal violation
c. is a crime only if the check is written in excess of $100
d. may be a crime when the writer refuses to make good the check
Q:
Credit card theft
a. requires that the thief have actual possession of the card
b. requires that the thief take and carry away the card
c. can occur merely by unauthorized use of a credit card number
d. is a form of embezzlement
Q:
If a shopper in a store is falsely accused of shoplifting in public but no criminal charges were brought, it may give rise to a civil suit alleging
a. slander
b. libel
c. false detention
d. malicious prosecution
Q:
Shoplifting detention acts (or shopkeeper's privilege) grants merchants immunity from civil actions brought by suspected shoplifters who were detained if the security personnel
a. are licensed security guards
b. can demonstrate the existence of probable cause
c. personally witnessed the act of shoplifting
d. captured the theft on videotape
Q:
Many states have enacted what kind of statutes to help protect businesses from civil suits brought by suspected shoplifters?
a. Shoplifting Detention Acts
b. Non-criminal Shoplifting Sanctions
c. In Rem Civil Forfeitures
d. Civil Shoplifting Remedies