Welcome

Welcome to my Law blog specifically intended as an aid to law students. I will post comments and white papers, from time to time, and I am happy to carry on conversations with students who are in need of help in law school.


I am most conservative and appropriate in my approach so if you comment and/or have questions to ask, please do so with an equal degree of appropriateness.



I am a Professor of Law at Concord Law School, an Internet Law School located in Los Angeles, though I live, teach and otherwise work out of Lakewood, Colorado, resting up against the foothills just west of Denver.

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

DISCLAIMER

THIS SITE IS NOT AFFILIATED WITH, APPROVED BY, OFFICIALLY REPRESENTATIVE OF OR FINANCIALLY SUPPORTED BY CONCORD LAW SCHOOL OR ITS AFFILIATES OR PARENT COMPANIES.

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


I have no set schedule of posting, but I hope you will check in from time to time.

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

Friday, May 7, 2010

4 – Theft Crimes (False Pretenses)

4 – Theft Crimes (False Pretenses)

PLEASE NOTE THAT THE FOLLOWING IS TAKEN FROM SOME OF MY CLASS NOTES, SOME OF WHICH IS MY OWN PERSONAL WORK AND SOME OF WHICH BELONGS TO CONCORD LAW SCHOOL.  IT IS POSTED TO HELP MY IL STUDENTS IN PARTICULAR.  IT CANNOT BE DISSEMINATED WITHOUT EXPRESS, WRITTEN PERMISSION.

Last time in crimes, we looked at embezzlement. Now we try false pretenses. False pretenses is a false representation of a material past or present fact which causes the victim to pass title to his property to the wrongdoer, while the defendant knows the representation to be false and intends thereby to defraud the victim. Here is an example I have used before:

Robert goes to the hardware store to purchase some supplies, but while he is there, he sees a power drill and decides to sneak out of the store without paying for it. After he has walked about half way to the front door of the store, with the drill under his coat, he has a change of mind, walks back to where he picked up the drill, pulls out the drill and attempts to put it back when he is confronted by the store manager, who detains Robert until the police come and arrest him. Is Robert guilty of false pretenses?

No, because a false pretenses victim must intend to pass title (ownership) to the defendant. Here, the store never intended to give Robert ownership of the drill even if the store let him try it out.

Next, we’ll look at “burglary.”

Professor Doug Holden
© 2010. Douglas S. Holden. All rights reserved.


No comments:

Post a Comment