Asportation Requires Distance
This trap appears as a wrong-answer choice in 1 active question. Spotting how it is built is the repair: read each example's “why it's attractive” before the “why it's wrong.”
Subject distribution
- CRIMINAL1
Example wrong choices
21504_olive_grove_stephen · CRIMINAL · Choice ANo, because produce from a grove can never be personal property for larceny purposes.
Why it's attractive
the absolute 'never' collides with the stem fact that the olives are already picked and in baskets
Why it's wrong
the absolute 'never' collides with the stem fact that the olives are already picked and in baskets
21504_olive_grove_stephen · CRIMINAL · Choice CYes, but only if Stephen personally picked the olives from the trees himself.
Why it's attractive
the rule asks about the property's status at the time of taking, not the defendant's history with it
Why it's wrong
the rule asks about the property's status at the time of taking, not the defendant's history with it
21504_olive_grove_stephen · CRIMINAL · Choice DNo, because Stephen had ridden the donkey only a short way down the road before the household woke and stopped him.
Why it's attractive
the standard asportation rule is taught in the larceny C3 surface; loading baskets and riding off is movement enough
Why it's wrong
the standard asportation rule is taught in the larceny C3 surface; loading baskets and riding off is movement enough
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