False pretenses v. larceny by trick Forum

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AJS30

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False pretenses v. larceny by trick

Post by AJS30 » Sun Jul 20, 2014 11:41 am

Can someone please give a few examples of each crime? I know false pretenses deals with obtaining title, but how do you know when that occurs?

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LSAT Taker

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Re: False pretenses v. larceny by trick

Post by LSAT Taker » Sun Jul 20, 2014 12:49 pm

AJS30 wrote:Can someone please give a few examples of each crime? I know false pretenses deals with obtaining title, but how do you know when that occurs?
Disclaimer - Below are oversimplified examples:

1. False pretenses:
You induce someone to give you money by false representation (e.g., you pretend that you are the owner of a store when you are not) = false pretense b/c you wrongfully took title of cash.

2. Larceny by trick:
You induce someone in bad faith to loan you a car with no intention to return it = larceny by trick b/c you took possession (not title).

Hope this helps (and hope I'm not too far off).

jd20132013

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Re: False pretenses v. larceny by trick

Post by jd20132013 » Sun Jul 20, 2014 12:56 pm

i distinguish them like this:

getting "title" to something is really about ownership. so false pretenses is basically tricking someone into making you the rightful owner of something.

larceny by trick is just about tricking someone into giving you possession of something, and then doing the other required elements of larceny. so basically the trick is the "trespassory taking" part of it.

i don't know if those are perfect, but I alwys get those questions right (knock on wood)

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