what cannot be a personal property for larceny?(list 3)
What is time, service, chose in action ?
100
Possession to Larceny is as what element to False Pretense?
Title
100
Can the conviction of Rape go through if the victim was drunk?
Yes. Unconsciousness/ Intoxication = No Consent because victim lacked capacity to consent
100
What is the ONE element of Larceny that MPC leaves out but is in Common Law and CA law?
Carrying away.
100
What is the Statues of Limitation of Modern CA Penal code 801? When does the clock start ticking?
1 year for most crimes.
Time doesn't start until offense discovered (PC 803)
200
when a thing is connected to the land it is called the _____?
What is "freehold"?
200
What is the 3 types of THEFT that CA Penal Code 484 combines into one Consolidated Theft Statute?
Larceny, Embezzlement, False Pretenses
200
What can be count as subject for larceny in MPC?
Anything of value.
Note: cf. Common Law--tangible stuff not attached to ground (real property)
200
Is vandalism or the destruction of property the same as theft?
Yes if permanently deprive owner of use.
200
Who owns the TITLE of a pledge? Who has POSSESSION?
Pledgor has title.
Pledgee has possession.
300
What is the extra requirement in common law for rape?
Women not the spouse of the accused
300
For Proximate Cause for homicide, Abnormal Responses and Unforeseeable Coincidence would…?
Cut the causation chain.
300
Is a monkey or a fox base or non base animal? Which ones are subject of larceny in Common law? And Modern law?
Monkey and fox = Base animal --> Not subject of Larceny in Common law. Yes in Modern law.
300
When is voluntary intoxication a valid excuse?
When its settled--> mental problem last longer than actual intoxication
300
If you leave your car at a car shop for repair. Car shop has…?
Custody of your car during the time of repair and purpose limited to repair.
400
Does CA reject or accept Assaultive crimes as Predicates for Felony Murder?
CA Rejects.
400
In CA, does breaking into an open, public store with felonious intent constitute a burglary?
Yes.
400
What is the insanity test?
What is the substantial capacity test?
As a result of mental disease or defect, he lacks substantial capacity either to
-to appreciate the criminality of his conduct
OR
-to conform his conduct to the requirement of law
400
Does Force used only in the getaway constitute Robbery for Common law? MPC? CA?
Common law: no.
MPC/CA: YES.
400
"Lying in wait" is in the CA statute for homicide, what element of 1st degree murder can it prove?
Premeditation and Deliberation
500
Conspiracy Q:
There are 3 rules, which 2 does CA and MPC both REJECT?
(1) Pinkerton Rule: By joining a conspiracy, you become an accomplice (accessory before the act)
(2) Powell Doctrine: Mistake of Law Type 1 is a Defense for Conspiracy if the Crime is Malum Prohibitum
Note: Wharton Rule is the (3)rd rule--Courts are prohibited from using the crime of conspiracy for crimes in which an Agreement is necessary (e.g. Incest)
500
Is "utmost resistance" required by CA law for rape?
NOPE.
500
What does Battered Women Syndrome take into account in evaluating defense?
Rsbl person standard for someone "in similar situation & with similar knowledge"
500
If Mistake of Fact is generally an excuse, what about Mistake of Law? What are the 2 types and can they be defenses?
Mistake of Law Type 1: Lack of KNOWLEDGE of existence of a law --> generally NOT a defense
Mistake of Law Type 2: Mistaken impression concerning the LEGAL EFFECT of an act --> SOMETIMES a defense depends on whether it knocks out INTENT