Criminal Law Keyed to Weaverback
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The owner of a garage and one of his mechanics had a dispute over the amount of wages due for work that the mechanic had done on cars. The owner alleged that he paid the mechanic for work that the mechanic did not per- form, while the mechanic contended that she did the work. After arguing over the matter for over an hour, the mechanic quit. The owner did not allow the mechanic to take her tools with her, stating that he was keeping her tools until she repaid the money that he had overpaid her.
The mechanic met with a friend and dis- cussed the situation with him. After hearing what had happened, the friend, believing that the owner was unlawfully retaining the mechanic’s tools, suggested that he could pose as a garage client and retrieve the tools for the mechanic, and the mechanic agreed. The plan succeeded, except for the fact that the friend took tools that belonged to a new employee. The owner immediately realized what had happened, and he gave the friend’s license number to the police. The friend was arrested before he could show the tools to the mechanic.
Of the following, which is the best argument for the friend as a defense to a charge of larceny in a common law jurisdiction?CorrectIncorrect
A man broke into a local dealership at midnight and took three personal computers. As he was leaving, he realized that he had left his fingerprints all over the showroom. The man took out his lighter and set fire to a life-size cardboard figure. The fire spread, consuming the entire showroom.
Using Common Law, the man could be convicted of which of the following crimes?CorrectIncorrect
A woman planned to hijack a plane and then demand that the press print her political motives for the hijacking. She filled her carry-on luggage with plastic explosives undetectable by X-rays. A man was a professional luggage snatcher who searched airports for prime suitcases to snatch. He spied the woman struggling with her heavy luggage and offered to help her carry it. As soon as the woman gave the man the bag loaded with explosives, he ran off and disappeared into the crowd. As he walked through another terminal, the luggage ripped open and the contents spilled out onto the floor. An undercover security officer noticed the explosives and arrested him.
The man should be found guilty of:CorrectIncorrect
A husband, a native of Texas, decided to take his wife to New York on the occasion of their twentieth wedding anniversary. The husband became disappointed when his order for two baseball tickets to see the New York team play the Texas team could not be filled because the game was already sold out. The husband, a professional typesetter, decided to print himself two tickets to the game.
Just before they left for New York, the husband read an article in the local paper describing a Civil War army poster that had recently been purchased for $5,000. The husband printed a similar poster in his shop and took it to New York with him. He sold the poster for $4,000 in New York, bragging to the collector who purchased it, “This is the finest nineteenth-century poster to be found.”
The husband and wife successfully entered the baseball stadium using the tickets he printed and sat down in two empty box seats behind the visitor’s dugout to watch the game. A man sat down next to the husband. Star baseball player hit a home run for the New York team in the third inning and the man, like most others in the stadium, had fallen off the edge of his seat in his excitement. The husband slipped some papers out of the man’s sport coat without the man noticing. The papers contained the deed to the man’s Casino in New Jersey.
After the game, the husband and his wife took a taxi from the baseball stadium to the theater district, a distance of about fifteen miles. When the driver requested payment of the seventeen dollar fare, the husband screamed, “You are trying to cheat me because you can tell I am a tourist.” The driver did not speak English very well and did not respond. The husband and his wife ran out of the cab without paying and got lost in the crowd.
Assume for this question only, the state of New York follows the common law.CorrectIncorrect