MBE Rules · Criminal Law
Claim of Right
Claim of right
The rule
A good-faith belief that property taken is one's own negates the intent to steal and defeats larceny and robbery — even if the belief is unreasonable.
In plain English
The Claim of Right rule states that if a person genuinely believes they have a right to take property, even if that belief is mistaken or unreasonable, they cannot be found guilty of larceny or robbery. This good-faith belief negates the necessary intent to commit theft.
Worked example
Alice sees Bob's bicycle parked outside and believes it is hers because it looks identical to one she used to own. She takes the bicycle, thinking she is reclaiming her property. Since Alice had a good-faith belief that the bike was hers, she cannot be charged with larceny.
Memory hook
If you think it’s yours, you can’t be a thief!
The trap
Exams may present scenarios where the belief seems unreasonable, leading students to overlook the good-faith aspect. Students might mistakenly focus on the reasonableness of the belief rather than its sincerity.
How examiners test it
Questions often involve fact patterns where a defendant takes property under a mistaken belief, prompting analysis of whether their belief was genuinely held, regardless of its reasonableness.
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