Any quick-tip on distinguishing Larceny BT and Larceny BFP?

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sethc09
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Joined: Fri Sep 04, 2009 10:50 am

Any quick-tip on distinguishing Larceny BT and Larceny BFP?

Postby sethc09 » Thu Dec 09, 2010 6:40 pm

I was just curious if you guys may know of some kind of quick/hard-and-fast tip to keep in mind during my CrimLaw exam for helping me distinguish Larceny by Trick & Larceny By False Pretenses?

(Correct me if I'm wrong on anything below)

Obviously, Trick = common law whereas False Pretenses isn't.

First, it seems to me that the lie/fraud/deceit is identical (or, if not, the difference seems damn minuscule) in both versions so trying to differentiate based on that = bad/wrong

In regard to FP, title must pass during the trespassory-taking.
Whereas in BT, title doesn't have to pass.

Currently I approach it like so:
TIP 1)
So, can it be said then:
- If title DOES NOT PASS then it's Larceny by Trick?
- If title DOES PASS then it's going to be Larceny by False Pretenses?

TIP 2)
If the COQ specifically instructs to use common law (or silent about it) then -> ELIMINATE LARCENY BY FALSE PRETENSES
If the COQ instructs on modern/gives me a statute -> COULD BE EITHER

My prof has given some tips about helping distinguishing - the most notable concerned looking at property as being in title vs. possession vs. custody. But, that or anything else she said about it is sticking with me at all. It could be the study stress/fatigue that's tripping me up on something that shouldn't be so confusing, but better safe than sorry.

Thanks in advance.



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