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True / False
1. A person may have lawful possession of property yet not be the owner.
a. True
b. False
2. Taking and keeping lost or mislaid goods is not a crime.
a. True
b. False
3. Check-kiting involves two bank accounts.
a. True
b. False
4. Credit card theft can be proved by showing the defendant was in actual possession of a stolen credit card.
a. True
b. False
5. A person must leave the store without paying for goods before a theft occurs.
a. True
b. False
6. Generally, to detain a suspected shoplifter, security personnel must have proof beyond a reasonable doubt.
a. True
b. False
7. When a forged check is presented for payment, the felony offense of theft by deception is committed.
a. True
b. False
8. Uttering is most often committed when a person presents a forged instrument for payment.
a. True
b. False
9. Hiding retail goods on the person can constitute taking in a shoplifting crime.
a. True
b. False
10. The crime of forgery may involve creation of a fake document with intent to defraud.
a. True
b. False
Multiple Choice
11. “Property”isdividedintowhattwotypes?
a. personal and tangible
b. personal and intangible
c. real and personal
d. single ownership and dual ownership
12. Two important rights to property are
a. ownership and title
b. ownership and possession
c. title and disposability
d. title and immutability
13. A bailment, or pledge, is an example of a legal situation where the person who
a. has actual possession does not have constructive possession
b. has possession of an item, is not the owner of the property
c. has the title to the item does not have a right to possess the item
d. has ownership of the item but does not have title
14. What rule provides that a person who receives money in good faith and for value given takes title to the money?
a. the“money”rule
b. the“title”rule
c. the“nemodat”rule
d. the“bond”rule
15. A“taking”canoccurby
a. acts of a stranger
b. a trusted employee
c. a spouse
d. All of these choices
16. The“money”ruleisanexceptiontowhatotherrule?
a. the“securities”rule
b. the“title”rule
c. the“nemodat”rule
d. the“bond”rule
17. The actofobtainingphysicalpossessionorcontrolofanother’sproperty is known as
a. taking
b. stealing
c. shoplifting
d. burglary
18. The key to taking is that the thief
a. exercises unauthorized dominion over the property
b. exercises authorized dominion over the property
c. exercises a lack of control over the property
d. None of these choices
19. An employee who steals money or property from their employer commits
a. extortion
b. bribery
c. fraud
d. embezzlement
20. Under the old common law, the only property that could be stolen consisted of
a. tangible personal property
b. real estate and items attached to the land
c. documents such as stocks and bonds
d. All of these choices
21. Taking can occur by all of these except
a. direct acts
b. appropriating lost or mislaid goods
c. deception
d. a direct purchase
22. Ajointowner“takes”thepropertyoftheotherjointownerifthetakerhadnorighttouseorkeeptheproperty
and
a. doing so infringes on the rights of the joint owner
b. doing so causes harm to the joint owner
c. doing so offends the joint owner
d. does so in a suspicious manner
23. The taking requirement in shoplifting can be met in all of the following ways except
a. hiding retail goods on the person
b. taking the goods out of the store
c. exercising control over goods inconsistent with the right of a shopper to possess goods prior to sale
d. looking through outside dumpsters for discarded goods
24. Credit card theft can be proved by showing that the defendant
a. causedpurchasestobemadewiththenumbertakenfromanotherperson’screditcard
b. caused purchases to be made with a card that had exceed its limit
c. purchased stolen merchandise
d. shopliftedwhileholdingsomeoneelse’swallet
25. What kind of intent is required for the crime of theft?
a. general
b. specific
c. concurrent
d. reckless
26. The prosecution must prove the same basic elements in a shoplifting case as in a trial for
a. robbery
b. theft
c. extortion
d. bribery
27. Inaselfservicestore,a“taking”occurswhentheindividualexercisescontroloverthemerchandise
a. and has exited the store
b. and has gone past the last checkout counter
c. and refuses to pay when requested
d. thatiswhollyinconsistentwiththestore’scontinuedrights
28. For store security to lawfully use force in dealing with a shoplifter, it must be shown that the force was necessary
and reasonable
a. in self-defense
b. to prevent the theft of store property
c. to detain the shoplifter
d. All of choices
29. If a shoplifter is detained without probable cause, this would constitute
a. false prosecution
b. malicious arrest
c. false arrest or imprisonment
d. malicious detention
30. Many states have enacted what kind of statutes to help protect businesses from civil suits brought by suspected
shoplifters?
a. Shoplifting Detention Acts
b. Non-criminal Shoplifting Sanctions
c. In Rem Civil Forfeitures
d. Civil Shoplifting Remedies
31. Shoplifting detention acts (or shopkeeper's privilege) grants merchants immunity from civil actions brought by
suspected shoplifters who were detained if the security personnel
a. are licensed security guards
b. can demonstrate the existence of probable cause
c. personally witnessed the act of shoplifting
d. captured the theft on videotape
32. If a shopper in a store is falsely accused of shoplifting in public but no criminal charges were brought, it may give
rise to a civil suit alleging
a. slander
b. libel
c. false detention
d. malicious prosecution
33. Credit card theft
a. requires that the thief have actual possession of the card
b. requires that the thief take and carry away the card
c. can occur merely by unauthorized use of a credit card number
d. is a form of embezzlement
34. Writingabadcheck,oronethat“bounces”
a. is always a crime
b. may be a civil, but not a criminal violation
c. is a crime only if the check is written in excess of $100
d. may be a crime when the writer refuses to make good the check
35. Wrongfully signing a writing or instrument in the name of the person who issued the writing or instrument, or to
whom it was payable is the crime of
a. uttering
b. theft
c. forgery
d. embezzlement
36. Putting into circulation a check known to be worthless is the crime of
a. theft
b. uttering
c. unlawful presentation
d. fraudulent production
37. Creating a false document, or altering an existing document, is the essence of
a. forgery
b. uttering
c. counterfeiting
d. fraudulent procurement
38. The crime of uttering may be committed by presenting to a store clerk
a. a stolen credit card
b. a stolen debit card
c. counterfeit currency
d. a post-dated check
39. Which of the following is an example of a check-kiting scheme?
a. a person has two accounts and deposits a large check from one to the other
b. a person has two accounts and deposits a large check from one to the other, then fraudulently withdraws
money from the account before the check clears
c. a person has two accounts and deposits a large check from one to the other knowing the check will bounce
d. a person has two accounts and deposits a forged check in one of the accounts
40. Property ownership may be in the form of
a. sole ownership
b. business partners
c. husband and wife
d. All of these choices
41. The Latin phrase nemo dat quod non habet means
a. you're on your own
b. let the buyer beware
c. one cannot give what one does not have
d. buy low, sell high
42. Both nemo dat quod non habet together with the phrase caveat emptor
a. requires the innocent purchaser to be very wary of buying from strangers.
b. absolves the buyer of legal liability
c. provides a menas for the buyer to receive compensation
d. abrogatesthe“bond”rule
43. The Latin phrase caveat emptor means
a. you're on your own
b. let the buyer beware
c. one cannot give what one does not have
d. buy low, sell high
44. The use of deceit or trickery to obtain profit or advantage is termed
a. extortion
b. bribery
c. fraud
d. embezzlement
45. To be guilty of the theft of immovable property, a person must unlawfully _____ the property with purpose to
benefit himself or another not entitled thereto.
a. extort
b. seize
c. reallocate
d. transfer
46. An example of immovable property would be
a. cars
b. lumber
c. money
d. real estate
47. The relinquishment or surrender of property or the rights to property is called
a. relinquishment
b. abandonment
c. extortion
d. delinquency
48. To be labeled abandoned property requires both
a. intent and action
b. history and action
c. desire and intent
d. declaration and action
49. Often times, defendants attempt to defeat the intent to steal requirement by contending that they intended only to
___ the property.
a. borrow
b. safeguard
c. return
d. sell
50. Reasonable grounds to believe is the definition of
a. incrimination
b. reasonable suspicion
c. probable cause
d. intent
Jasmine opens her monthly bank statement and is thrilled to find she has more than $10,000 in her savings than she
expected. Since it is late in the evening and past banking hours when she opened her mail, Jasmine does nothing to
immediately rectify the error.
51. The bank does not realize its mistake and Jasmine does nothing over the next couple days. In certain states,
Jasmine may be guilty of
a. taking
b. stealing
c. shoplifting
d. burglary
52. After several more days, Jasmine withdraws the money and buys a new car. At this point, Jasmine would be
guilty of
a. theft
b. stealing
c. shoplifting
d. burglary
53. Jasmine is arrested but the bank does not want the car she purchased, it wants its money back and demands the
car dealership return it. The dealership says no under what principle?
a. the money rule
b. the nemo dat rule
c. the caveat emptor rule
d. the ownership rule
54. If Jasmine had alerted the bank of the mistake before she withdrew the money from her account, she likely would
have
a. not been charged with theft
b. been charged with theft because she knew of the mistake and did nothing about it
c. been charged with theft because she had thought of keeping the money
d. faced a fine for stealing
Upton takes blank stolen checks and goes to local stores with them. He begins purchasing big ticket items, such as a
large screen TV, expensive jewelry, and even a washer and dryer machine, which he gives to his mother, by
pretending to be the person listed on the check. Before long, the authorities are knocking on Upton's door and he is
placed under arrest.
55. Upton's mother would be arrested for receiving stolen goods if she
a. knew of Upton's scheme
b. did not know of Upton's scheme
c. needed a new washer and dryer
d. asked Upton to purchase her a new washer and dryer
56. The police would have arrested Upton for putting into circulation a check known to be worthless, which is the
crime of
a. theft
b. uttering
c. unlawful presentation
d. fraudulent production
57. When Upton signs the checks using someone else's name, this is the crime of
a. theft
b. uttering
c. forgery
d. check kiting
Jeremy loves music and often spends hours browsing the local music stores, looking at the latest releases. Jeremy is
back at the music store and finds the latest release of his favorite artist. He picks up a CD and examines each sang
carefully, imagining how great it would sound played on his advanced music system at home. He has the CD in his
hand and moves not towards the cash register, but towards the exit. Store security stops Jeremy at the door and
Jeremy is detained.
58. Jeremy was accused by store management of attempted
a. theft
b. stealing
c. shoplifting
d. burglary
59. The taking requirement, argues the music store, was met when Jeremy attempted to
a. walked around the store with the CD in his hand
b. take the CD out of the store
c. exercise control over the CD
d. move away from the security guard
60. Jeremy counter argues that the taking requirement was not met because he
a. did not hide the CD but kept it in his hand
b. never left the store
c. had only absently mindedly walked to the exit
d. had always intended to purchase the CD
61. A ____ referstotheactofobtainingphysicalpossessionorcontrolofanother’sproperty.
62. Credit card theft can be proved by showing the defendant was in actual ___ of a stolen card.
63. The crime of _____ forbids a person already in lawful possession of property from fraudulently converting it to his
own use.
64. The“____”ruleisnecessarytomakesuremoneyisfreelynegotiable.
65. Ajointowner“____”thepropertyoftheotherjointownerifhe/shehadnorighttouseorkeepthepropertyand
doing so infringes on the rights of the joint owner.
66. Exercising control over the goods____ with the right of a shopper to possess goods prior to sale can constitute
taking in a shoplifting crime.
67. To detain or arrest a shoplifter, store personnel generally have to have reasonable grounds, or _____.
68. ____ is the form of theft that occurs most frequently in any retail business.
69. When a forged instrument is presented for payment, the crime of ____ has been committed.
70. Altering an existing document or creating a false document with intent to defraud are examples of the crime of
___________.
71. Property is divided into two types: real property and _____ property.
72. A ______ exists, for example, when people take their car into a garage for repairs.
73. Stealing property of another with the intent to deprive the owner of possession is called either theft or _____.
74. ______isthewrongfulinjurytoanother’sreputation.
75. Creating multiple checking accounts at multiple banks for the purpose of writing fraudulent checks from one
account and depositing them in another, and then withdrawing funds from the deposit bank is called _____.
76. What is check-kiting? How does it work? Does technology make it a more difficult crime today than 20 years
ago?
77. What are the elements of the crime of theft?
78. Whatisthe“money”rule?Whyisthe“money”ruleanexceptiontothegeneralpropertyrules?
79. Describe the four ways that the taking element can be proved.
80. Howdoes“propertyofanother”applytojointlyownedproperty?Whatisrequiredforajointownerto“take”
jointly owned property?
81. Describe the different ways that the taking requirement can be met in the crime of shoplifting.
82. What are the two ways that credit card theft can be proved? Which do you think is the harder to prove? Why?
83. Discuss how private security officers are trained to handle a shoplifting incident.
84. Identify and describe the types of laws that have been passed to assist business owners in dealing with the issues
involved in shoplifting situations.
85. Define,compare,andcontrastthecrimesof“uttering”and“forgery.”
