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Criminal Law - Larceny, Robbery and Burglary
Season 6 Episode 5
Join your AI hosts, Maude and Claude, as they return in Episode 5 of the Study for the Bar in Your Car podcast to tackle the "big six" property crimes: Larceny, Embezzlement, False Pretenses, Robbery, Receipt of Stolen Property, and Burglary. Drawing directly from Angela's meticulously organized notes, this episode is a vital resource for navigating these heavily tested legal concepts on the bar exam.
Maude and Claude dissect each crime, emphasizing the crucial elements and the subtle distinctions that can make all the difference in a legal analysis. You'll learn:
- Larceny as the "trespassory taking and carrying away of tangible personal property of another with the intent to permanently deprive" – paying close attention to the critical timing of intent and the continuing trespass doctrine.
- Embezzlement hinges on the defendant's initial lawful possession of the property, followed by its fraudulent conversion.
- False Pretenses uniquely requires obtaining title (ownership) to property through an intentional false statement of fact with intent to defraud, a key differentiator from larceny by trick where only possession is transferred.
- Robbery escalates larceny by adding "force or threats of immediate death or physical injury" when taking property "from the person or presence" of another.
- Receipt of Stolen Property demands actual knowledge that the property was, in fact, stolen at the time of receipt – a crucial common law distinction often tested via police sting scenarios.
- Burglary at common law is meticulously defined by "breaking and entering of the dwelling of another at nighttime with the intent to commit a felony therein," highlighting the specific nature of each element.
The hosts illuminate these complex areas with practical examples, challenge your understanding with MBE-style questions, and guide you through an MEE essay analysis in the IRA format. Tune in to demystify these core property crimes and drive your bar prep forward. Subscribe now to master the nuances and ace your exam!
Published on 13 hours ago