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Try these Multiple Choice QUESTIONS-- posted 12.08.02
Here's a collection of MC questions which I found to be most 
helpful.  If you've seen these, great!  If you haven't seen these, 
then I suggest reading them carefully and trying to answer them 
WITHOUT YOUR NOTES/OUTLINE... (I'll email the answers in the next 
post)

* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *

1) Vic and Veasey, the Vasoline Brothers, broke into the home of 
Lester, President of Gold Nugget National Bank, and kidnapped 
Lester's wife Lucy.  Vic and Veasey took Lucy hostage, pointed a gun 
to her head and demanded that she drive them to their hideout in her 
car.  As Lucy was driving down Market Street, a lady pushing her 
baby in a stroller, suddenly stopped in the middle of the 
intersection.  In order to avoid hitting the lady and her child, 
Lucy veered the car to the left, and intentionally struck bystander 
Young, instantly killing him.

If Lucy is subsequently prosecuted for the murder of Young, she will 
most likely be found

a) guilty, since she intentionally veered the car striking Young

b) not guilty, by reason of necessity

c) not guilty, by reason of duress

d) not guilty, by reason of self defense.

___________________________________________________________________

2) Jose and Carlos were walking down the street when they ran into 
Jesus.  Jose turned to Carlo and said, "Hey, man, that sucker owes 
me $10."  Jose then stopped Jesus and demanded the money.  Jesus 
replied, "Listen amigo, all I got is a subway token, but I promise 
to pay you next week."  Jose suddenly said to Carlos, "Give me your 
gun, I'm going to blow this low life away."  Carlos gave Jose his 
gun and Jose shot Jesus to death.  As Jose and Carlos were about to 
leave, Carlos turned to Jose and said, "Let me have my gun back, I 
think the creep's still alive."  Carlos then fired two more shots 
into Jesus' body.  Unknown to Carlos, Jesus did in fact die from the 
first bullet wound.

Which of the following is the most serious crime that Carlos can be  
convicted of?

a) attempted murder

b) murder 

c) assault with a deadly weapon

d) concealment of a deadly weapon

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3) Driver drove his car to a Chevron service station.  He told the 
attendant, "fill it up with unleaded please."  Attendant went ahead 
and pumped 10 gallons of gas into Driver's tank. When attendant 
approached Driver for payment, Driver shouted, "thanks for the 
freebie, sucker!" and drove off without paying.

Driver is guilty of

a) larceny

b) larceny by trick

c) false pretenses

d) embezzlement
_____________________________________________________________________

4) Peters stole a diamond necklace that he gave his girlfriend, 
Lucinda as a birthday present.  At the time Peters gave the necklace 
to Lucinda she did not know that it was stolen.  Three weeks later, 
while Peters and Lucinda were passionately making love, she 
whispered in his ear, "Gee darling, I really love that necklace you 
gave me, it must've cost a fortune."  Peters responded, "Honey, the 
necklace didn't cost me anything, I stole it."  Startled by Peters' 
confession, Lucinda broke down and started crying.  Moments later, 
however, after regaining her composure, Lucinda decided to keep the 
necklace.

Lucinda is guilty of

a) receiving stolen property

b) larceny

c) larceny by trick

d) no crime
_____________________________________________________________________

5) Olga was having lunch with her boss Amy.  Amy went to the 
bathroom and as Amy stood up to leave the table, her wallet fell out 
of her pocketbook onto the floor.  Amy was unawaer of what occurred 
and proceeded to go to the restroom.  Olga however, saw the wallet 
fall.  Intending to steal it, Olga picked up the walled and placed 
it in her pocket.  Before Amy returned to the table, Olga had a 
change of heart and decided to give the wallet back.  Thereupon, 
Olga told Amy what had happened and handed her the wallet when she 
returned from the bathroom.

Olga is guilty of which crime, if any?

a) no crime

b) larceny

c) embezzlement

d) false pretenses

_____________________________________________________________________

6) Bobby entered Macy's and took the elevator to the toy 
department.  He went there intending to purchase a new Monopoly 
game.  Bobby, who only had $8 in his possession, saw that the 
Monopoly games were selling for $10.  Realizing that he didn't have 
enough money to pay for the game, he ripped off the $10 price tag 
off the box.  While no one was looking, Bobby, then took the $7 
sticker off of the other game and placed it on to the Monopoly box.  
He then purchased the  game for $7 and walked out of the store.

Which Crime did he commit?

a) false pretenses

b) larceny

c) deceit

d) conversion

_____________________________________________________________________

7) Owens took his car to an auto mechanic to have the oil changed.  
When he returned to pick up his car later in the day, the mechanic 
told him the charge was $125.  Owens objected and said the charge 
was excessively high.  The mechanic indicated that the amount was 
reasonable and showed Owens a price listing substantiating the 
charge.  As the two men were arguing, the mechanic excused himself 
to answer the phone in the back of the shop. While the mechanic was 
on the phone, Owens got into his car and drove off without paying 
the servicing charges.

If Owens is subsequently charged with larceny, he should be found

a) not guilty, because the car was his own property

b) not guilty, if the jury finds the servicing charge to be 
excessively high

c) guilty, if the jurisdiction has a statute making theft of 
services a crime

d) guilty, because he took the car without the mechanic's consent
_____________________________________________________________________

8) Gilbert is an ex-con who had just been released from Attica.  
Gilbert approached Emmanuel and Smith and asked if they wanted to 
take part in a bank robbery.  Emmanuel and Smith both agreed.  
Gilbert went ahead and planned the robbery.  As part of his scheme, 
Gilbert stole a 1985 Toyota van which he intended to use as the 
getaway vehicle.

According to Gilbert's plan, he would pick up Emmanuel and Smith in 
the Toyota on Friday morning and drive over to the Glendale branch 
of the Home Savings Bank where the robbery would occur.  Gilbert 
instructed his cohorts that he would be the getaway driver and wait 
in the van while they entered the bank armed with shotguns.  
However, the day before the robber was to take place, Gilbert was 
arrested on a parole violation for carrying a concealed weapon and 
held in police custody.  Emmanuel and Smith, nevertheless, decided 
to carry out the robbery using the van that Gilbert had stolen.  On 
Friday morning, Emmanuel and Smith drove to the bank.  When they 
entered, Smith, who was an undercover police officer, arrested 
Emmanuel.

Gilbert should be found guilty for which of the following crimes?

a) automobile theft and solicitation

b) automobile theft and conspiracy

c) automobile theft and attempted robbery

d) automobile theft, conspiracy and attempted robbery
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