MBE Rules · Criminal Law
False pretenses
The rule
Obtaining TITLE to property of another by a knowing misrepresentation of a past or present material fact, with intent to defraud. Compare larceny by trick (only possession transferred, not title).
In plain English
False pretenses is when someone lies to get ownership of something, not just to borrow it, with the goal of cheating the other person.
Worked example
The defendant tells a buyer that a car has never been in an accident to sell it. The buyer pays and gets ownership. This is false pretenses because the defendant lied to transfer ownership.
Memory hook
False Pretenses: Title Trickery. You gain ownership, not just possession, by lying about facts.
The trap
Students think: Any lie leads to false pretenses. Wrong, because the lie must transfer title, not just possession. The actual test is whether ownership was obtained.
How examiners test it
The MBE loves: defendant lies about car history, gets car title. Trap: students confuse with larceny by trick, which involves possession, not title.
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