Paralegal Advanced Competency Exam (PACE) Practice Exam

What constitutes larceny under common law?

1. The unlawful taking of property without the owner's consent

2. Any theft involving force or intimidation

3. The deceitful acquisition of property under false pretenses

4. The unauthorized use of another's property

The correct answer is: The unlawful taking of property without the owner's consent

Larceny under common law is defined as the unlawful taking and carrying away of someone else's property with the intent to permanently deprive the owner of it. The key components of this definition include the absence of the owner's consent, the unlawful nature of the taking, and the intent to deprive the owner of their property. The first choice accurately represents this definition by emphasizing that larceny involves taking property without the owner's consent. This aligns with the fundamental principle of larceny, which is focused on the unauthorized acquisition of another person's property. The other options describe different types of unlawful taking or misappropriation that do not fit strictly within the traditional definition of larceny. For instance, theft involving force or intimidation refers to robbery, which requires elements of violence or threat, distinguishing it from larceny. Similarly, acquiring property under false pretenses is a form of fraud and does not solely involve taking in the manner that larceny specifies. Lastly, the unauthorized use of another’s property might refer to offenses like conversion or delivery without consent, which also do not encapsulate the elements of larceny as defined under common law.