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Directions: Read the following passage carefully:
Theft is a general term embracing a wide variety of misconduct by which a person is improperly deprived of his property. Whoever, intending to take dishonestly any property out of the possession of another person, moves that property for such taking, is said to commit theft.
The purpose of theft law is to promote security of property by threatening aggressors with punishment. Property security is valued as part of the individual's enjoyment of his belongings and because the community wishes to encourage saving and economic planning, which would be jeopardized if accumulated property could be plundered with impunity. Another function of the law of theft is to divert the powerful acquisitive instinct from non-productive preying on others to productive activity.
One problem that dogs the law of theft, as will be seen below, is that in a commercial society no clear line can be drawn between greedy antisocial acquisitive behavior on the one hand and, on the other hand, aggressive selling, advertising, and other entrepreneurial activity that is highly regarded or at least commonly tolerated. Here two important principles of constitutional and criminal law come into play to restrict the scope of the law of theft. A criminal law must not be so comprehensive as to jeopardize the ordinary behavior of decent citizens.
Nor may a criminal law be so vague that it fails to warn the citizen what is forbidden and leaves to the discretion of enforcement officers or judges whether certain behavior should be punishable. The tension between these principles, and the impulse to penalize all egregious greed, account for the fact that theft law inevitably falls short of penalizing all rascality. Whoever intending to take dishonestly with an intention to cause wrongful loss to another or wrongful gain to himself any movable property out of the possession of any person without that person's consent, moves that property in order to such taking is said to commit theft.
At the same time—such are the refractory problems of legislative drafting—it is impossible, even with the most painstaking draftsmanship, to avoid overpenalizing in some cases. For example, obviously trivial peculations such as using an employer's stationery for writing personal notes quite clearly fall within theft law; yet it has proved impossible to articulate exceptions that will exclude this and a myriad of other trivial violations. Such things remain, therefore, within the province of prosecutorial and judicial discretion.
Q. Ajay handed over his mother's jewellery to his girlfriend, Jaya, for safekeeping. His girlfriend was in a need of money as she was planning a surprise for Ajay's birthday. Jaya sold the jewellery to Mohan, though she was not authorised to do so. Ajay filed a suit against Jaya. 
  • a)
    Jaya is guilty of theft because she gained from it.
  • b)
    Jaya is not guilty of theft because she was in possession of the jewellery.
  • c)
    Jaya is not guilty of theft because Ajay had given her the jewellery.
  • d)
    Jaya is guilty of theft because she caused wrongful loss to Ajay.
Correct answer is option 'B'. Can you explain this answer?
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Directions: Read the following passage carefully:Theft is a general te...
Jaya is not guilty of theft because she was in possession of the jewellery.
Whoever intending to take dishonestly with an intention to cause wrongful loss to another or wrongful gain to himself any movable property out of the possession of any person without that person's consent, moves that property in order to such taking is said to commit theft.
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Directions: Read the following passage carefully:Theft is a general term embracing a wide variety of misconduct by which a person is improperly deprived of his property. Whoever, intending to take dishonestly any property out of the possession of another person, moves that property for such taking, is said to commit theft.The purpose of theft law is to promote security of property by threatening aggressors with punishment. Property security is valued as part of the individuals enjoyment of his belongings and because the community wishes to encourage saving and economic planning, which would be jeopardized if accumulated property could be plundered with impunity. Another function of the law of theft is to divert the powerful acquisitive instinct from non-productive preying on others to productive activity.One problem that dogs the law of theft, as will be seen below, is that in a commercial society no clear line can be drawn between greedy antisocial acquisitive behavior on the one hand and, on the other hand, aggressive selling, advertising, and other entrepreneurial activity that is highly regarded or at least commonly tolerated. Here two important principles of constitutional and criminal law come into play to restrict the scope of the law of theft. A criminal law must not be so comprehensive as to jeopardize the ordinary behavior of decent citizens.Nor may a criminal law be so vague that it fails to warn the citizen what is forbidden and leaves to the discretion of enforcement officers or judges whether certain behavior should be punishable. The tension between these principles, and the impulse to penalize all egregious greed, account for the fact that theft law inevitably falls short of penalizing all rascality. Whoever intending to take dishonestly with an intention to cause wrongful loss to another or wrongful gain to himself any movable property out of the possession of any person without that persons consent, moves that property in order to such taking is said to commit theft.At the same time—such are the refractory problems of legislative drafting—it is impossible, even with the most painstaking draftsmanship, to avoid overpenalizing in some cases. For example, obviously trivial peculations such as using an employers stationery for writing personal notes quite clearly fall within theft law; yet it has proved impossible to articulate exceptions that will exclude this and a myriad of other trivial violations. Such things remain, therefore, within the province of prosecutorial and judicial discretion.Q.Kabir owed some money to Sia. Sia removed his horse, which was grazing by the side of a river, and kept it tied in her own farm. When Kabir asked her to release the horse, Sia told him that she would do so when the money was paid to her. Kabir filed a case against Sia.

Directions: Read the following passage carefully:Theft is a general term embracing a wide variety of misconduct by which a person is improperly deprived of his property. Whoever, intending to take dishonestly any property out of the possession of another person, moves that property for such taking, is said to commit theft.The purpose of theft law is to promote security of property by threatening aggressors with punishment. Property security is valued as part of the individuals enjoyment of his belongings and because the community wishes to encourage saving and economic planning, which would be jeopardized if accumulated property could be plundered with impunity. Another function of the law of theft is to divert the powerful acquisitive instinct from non-productive preying on others to productive activity.One problem that dogs the law of theft, as will be seen below, is that in a commercial society no clear line can be drawn between greedy antisocial acquisitive behavior on the one hand and, on the other hand, aggressive selling, advertising, and other entrepreneurial activity that is highly regarded or at least commonly tolerated. Here two important principles of constitutional and criminal law come into play to restrict the scope of the law of theft. A criminal law must not be so comprehensive as to jeopardize the ordinary behavior of decent citizens.Nor may a criminal law be so vague that it fails to warn the citizen what is forbidden and leaves to the discretion of enforcement officers or judges whether certain behavior should be punishable. The tension between these principles, and the impulse to penalize all egregious greed, account for the fact that theft law inevitably falls short of penalizing all rascality. Whoever intending to take dishonestly with an intention to cause wrongful loss to another or wrongful gain to himself any movable property out of the possession of any person without that persons consent, moves that property in order to such taking is said to commit theft.At the same time—such are the refractory problems of legislative drafting—it is impossible, even with the most painstaking draftsmanship, to avoid overpenalizing in some cases. For example, obviously trivial peculations such as using an employers stationery for writing personal notes quite clearly fall within theft law; yet it has proved impossible to articulate exceptions that will exclude this and a myriad of other trivial violations. Such things remain, therefore, within the province of prosecutorial and judicial discretion.Q.Tia, Sohams wedding planner went to Sohams office to discuss his wedding plans. Since Soham was not in his office, Tia waited in his cabin. Tia had few card designs and few samples of return gift with her. When Soham didnt turn up, Tia collected all the samples and cards and took along with her. As she was collecting the sample return gifts, Tia also took a stone resembling a return gift from his table. Since the stone happened to be a valuable one, Soham filed a complaint and it was traced in Tias office.

Directions: Read the following passage carefully:Theft is a general term embracing a wide variety of misconduct by which a person is improperly deprived of his property. Whoever, intending to take dishonestly any property out of the possession of another person, moves that property for such taking, is said to commit theft.The purpose of theft law is to promote security of property by threatening aggressors with punishment. Property security is valued as part of the individuals enjoyment of his belongings and because the community wishes to encourage saving and economic planning, which would be jeopardized if accumulated property could be plundered with impunity. Another function of the law of theft is to divert the powerful acquisitive instinct from non-productive preying on others to productive activity.One problem that dogs the law of theft, as will be seen below, is that in a commercial society no clear line can be drawn between greedy antisocial acquisitive behavior on the one hand and, on the other hand, aggressive selling, advertising, and other entrepreneurial activity that is highly regarded or at least commonly tolerated. Here two important principles of constitutional and criminal law come into play to restrict the scope of the law of theft. A criminal law must not be so comprehensive as to jeopardize the ordinary behavior of decent citizens.Nor may a criminal law be so vague that it fails to warn the citizen what is forbidden and leaves to the discretion of enforcement officers or judges whether certain behavior should be punishable. The tension between these principles, and the impulse to penalize all egregious greed, account for the fact that theft law inevitably falls short of penalizing all rascality. Whoever intending to take dishonestly with an intention to cause wrongful loss to another or wrongful gain to himself any movable property out of the possession of any person without that persons consent, moves that property in order to such taking is said to commit theft.At the same time—such are the refractory problems of legislative drafting—it is impossible, even with the most painstaking draftsmanship, to avoid overpenalizing in some cases. For example, obviously trivial peculations such as using an employers stationery for writing personal notes quite clearly fall within theft law; yet it has proved impossible to articulate exceptions that will exclude this and a myriad of other trivial violations. Such things remain, therefore, within the province of prosecutorial and judicial discretion.Q.Bhola went to buy a watch to be gifted to his son with a view to find a watch similar to the one he owns. He selected the watch but when he saw the price tag, he gave it up. But meanwhile, he inadvertently took the valuable watch from the shop and left his less valuable watch in the casket of the valuable watch. Nobody in the shop noticed it and he also discovered it only after reaching home.

Directions: Read the following passage carefully:Theft is a general term embracing a wide variety of misconduct by which a person is improperly deprived of his property. Whoever, intending to take dishonestly any property out of the possession of another person, moves that property for such taking, is said to commit theft.The purpose of theft law is to promote security of property by threatening aggressors with punishment. Property security is valued as part of the individuals enjoyment of his belongings and because the community wishes to encourage saving and economic planning, which would be jeopardized if accumulated property could be plundered with impunity. Another function of the law of theft is to divert the powerful acquisitive instinct from non-productive preying on others to productive activity.One problem that dogs the law of theft, as will be seen below, is that in a commercial society no clear line can be drawn between greedy antisocial acquisitive behavior on the one hand and, on the other hand, aggressive selling, advertising, and other entrepreneurial activity that is highly regarded or at least commonly tolerated. Here two important principles of constitutional and criminal law come into play to restrict the scope of the law of theft. A criminal law must not be so comprehensive as to jeopardize the ordinary behavior of decent citizens.Nor may a criminal law be so vague that it fails to warn the citizen what is forbidden and leaves to the discretion of enforcement officers or judges whether certain behavior should be punishable. The tension between these principles, and the impulse to penalize all egregious greed, account for the fact that theft law inevitably falls short of penalizing all rascality. Whoever intending to take dishonestly with an intention to cause wrongful loss to another or wrongful gain to himself any movable property out of the possession of any person without that persons consent, moves that property in order to such taking is said to commit theft.At the same time—such are the refractory problems of legislative drafting—it is impossible, even with the most painstaking draftsmanship, to avoid overpenalizing in some cases. For example, obviously trivial peculations such as using an employers stationery for writing personal notes quite clearly fall within theft law; yet it has proved impossible to articulate exceptions that will exclude this and a myriad of other trivial violations. Such things remain, therefore, within the province of prosecutorial and judicial discretion.Q.Adi finds a painting at Delhi railway station, not knowing to whom it belongs; afterwards he discovers that it belongs to Rima and appropriates it to his own use. Rima sued Adi under the court of law.

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Directions: Read the following passage carefully:Theft is a general term embracing a wide variety of misconduct by which a person is improperly deprived of his property. Whoever, intending to take dishonestly any property out of the possession of another person, moves that property for such taking, is said to commit theft.The purpose of theft law is to promote security of property by threatening aggressors with punishment. Property security is valued as part of the individuals enjoyment of his belongings and because the community wishes to encourage saving and economic planning, which would be jeopardized if accumulated property could be plundered with impunity. Another function of the law of theft is to divert the powerful acquisitive instinct from non-productive preying on others to productive activity.One problem that dogs the law of theft, as will be seen below, is that in a commercial society no clear line can be drawn between greedy antisocial acquisitive behavior on the one hand and, on the other hand, aggressive selling, advertising, and other entrepreneurial activity that is highly regarded or at least commonly tolerated. Here two important principles of constitutional and criminal law come into play to restrict the scope of the law of theft. A criminal law must not be so comprehensive as to jeopardize the ordinary behavior of decent citizens.Nor may a criminal law be so vague that it fails to warn the citizen what is forbidden and leaves to the discretion of enforcement officers or judges whether certain behavior should be punishable. The tension between these principles, and the impulse to penalize all egregious greed, account for the fact that theft law inevitably falls short of penalizing all rascality. Whoever intending to take dishonestly with an intention to cause wrongful loss to another or wrongful gain to himself any movable property out of the possession of any person without that persons consent, moves that property in order to such taking is said to commit theft.At the same time—such are the refractory problems of legislative drafting—it is impossible, even with the most painstaking draftsmanship, to avoid overpenalizing in some cases. For example, obviously trivial peculations such as using an employers stationery for writing personal notes quite clearly fall within theft law; yet it has proved impossible to articulate exceptions that will exclude this and a myriad of other trivial violations. Such things remain, therefore, within the province of prosecutorial and judicial discretion.Q.Ajay handed over his mothers jewellery to his girlfriend, Jaya, for safekeeping. His girlfriend was in a need of money as she was planning a surprise for Ajays birthday. Jaya sold the jewellery to Mohan, though she was not authorised to do so. Ajay filed a suit against Jaya.a)Jaya is guilty of theft because she gained from it.b)Jaya is not guilty of theft because she was in possession of the jewellery.c)Jaya is not guilty of theft because Ajay had given her the jewellery.d)Jaya is guilty of theft because she caused wrongful loss to Ajay.Correct answer is option 'B'. Can you explain this answer?
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Directions: Read the following passage carefully:Theft is a general term embracing a wide variety of misconduct by which a person is improperly deprived of his property. Whoever, intending to take dishonestly any property out of the possession of another person, moves that property for such taking, is said to commit theft.The purpose of theft law is to promote security of property by threatening aggressors with punishment. Property security is valued as part of the individuals enjoyment of his belongings and because the community wishes to encourage saving and economic planning, which would be jeopardized if accumulated property could be plundered with impunity. Another function of the law of theft is to divert the powerful acquisitive instinct from non-productive preying on others to productive activity.One problem that dogs the law of theft, as will be seen below, is that in a commercial society no clear line can be drawn between greedy antisocial acquisitive behavior on the one hand and, on the other hand, aggressive selling, advertising, and other entrepreneurial activity that is highly regarded or at least commonly tolerated. Here two important principles of constitutional and criminal law come into play to restrict the scope of the law of theft. A criminal law must not be so comprehensive as to jeopardize the ordinary behavior of decent citizens.Nor may a criminal law be so vague that it fails to warn the citizen what is forbidden and leaves to the discretion of enforcement officers or judges whether certain behavior should be punishable. The tension between these principles, and the impulse to penalize all egregious greed, account for the fact that theft law inevitably falls short of penalizing all rascality. Whoever intending to take dishonestly with an intention to cause wrongful loss to another or wrongful gain to himself any movable property out of the possession of any person without that persons consent, moves that property in order to such taking is said to commit theft.At the same time—such are the refractory problems of legislative drafting—it is impossible, even with the most painstaking draftsmanship, to avoid overpenalizing in some cases. For example, obviously trivial peculations such as using an employers stationery for writing personal notes quite clearly fall within theft law; yet it has proved impossible to articulate exceptions that will exclude this and a myriad of other trivial violations. Such things remain, therefore, within the province of prosecutorial and judicial discretion.Q.Ajay handed over his mothers jewellery to his girlfriend, Jaya, for safekeeping. His girlfriend was in a need of money as she was planning a surprise for Ajays birthday. Jaya sold the jewellery to Mohan, though she was not authorised to do so. Ajay filed a suit against Jaya.a)Jaya is guilty of theft because she gained from it.b)Jaya is not guilty of theft because she was in possession of the jewellery.c)Jaya is not guilty of theft because Ajay had given her the jewellery.d)Jaya is guilty of theft because she caused wrongful loss to Ajay.Correct answer is option 'B'. Can you explain this answer? for Humanities/Arts 2024 is part of Humanities/Arts preparation. The Question and answers have been prepared according to the Humanities/Arts exam syllabus. Information about Directions: Read the following passage carefully:Theft is a general term embracing a wide variety of misconduct by which a person is improperly deprived of his property. Whoever, intending to take dishonestly any property out of the possession of another person, moves that property for such taking, is said to commit theft.The purpose of theft law is to promote security of property by threatening aggressors with punishment. Property security is valued as part of the individuals enjoyment of his belongings and because the community wishes to encourage saving and economic planning, which would be jeopardized if accumulated property could be plundered with impunity. Another function of the law of theft is to divert the powerful acquisitive instinct from non-productive preying on others to productive activity.One problem that dogs the law of theft, as will be seen below, is that in a commercial society no clear line can be drawn between greedy antisocial acquisitive behavior on the one hand and, on the other hand, aggressive selling, advertising, and other entrepreneurial activity that is highly regarded or at least commonly tolerated. Here two important principles of constitutional and criminal law come into play to restrict the scope of the law of theft. A criminal law must not be so comprehensive as to jeopardize the ordinary behavior of decent citizens.Nor may a criminal law be so vague that it fails to warn the citizen what is forbidden and leaves to the discretion of enforcement officers or judges whether certain behavior should be punishable. The tension between these principles, and the impulse to penalize all egregious greed, account for the fact that theft law inevitably falls short of penalizing all rascality. Whoever intending to take dishonestly with an intention to cause wrongful loss to another or wrongful gain to himself any movable property out of the possession of any person without that persons consent, moves that property in order to such taking is said to commit theft.At the same time—such are the refractory problems of legislative drafting—it is impossible, even with the most painstaking draftsmanship, to avoid overpenalizing in some cases. For example, obviously trivial peculations such as using an employers stationery for writing personal notes quite clearly fall within theft law; yet it has proved impossible to articulate exceptions that will exclude this and a myriad of other trivial violations. Such things remain, therefore, within the province of prosecutorial and judicial discretion.Q.Ajay handed over his mothers jewellery to his girlfriend, Jaya, for safekeeping. His girlfriend was in a need of money as she was planning a surprise for Ajays birthday. Jaya sold the jewellery to Mohan, though she was not authorised to do so. Ajay filed a suit against Jaya.a)Jaya is guilty of theft because she gained from it.b)Jaya is not guilty of theft because she was in possession of the jewellery.c)Jaya is not guilty of theft because Ajay had given her the jewellery.d)Jaya is guilty of theft because she caused wrongful loss to Ajay.Correct answer is option 'B'. Can you explain this answer? covers all topics & solutions for Humanities/Arts 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Directions: Read the following passage carefully:Theft is a general term embracing a wide variety of misconduct by which a person is improperly deprived of his property. Whoever, intending to take dishonestly any property out of the possession of another person, moves that property for such taking, is said to commit theft.The purpose of theft law is to promote security of property by threatening aggressors with punishment. Property security is valued as part of the individuals enjoyment of his belongings and because the community wishes to encourage saving and economic planning, which would be jeopardized if accumulated property could be plundered with impunity. Another function of the law of theft is to divert the powerful acquisitive instinct from non-productive preying on others to productive activity.One problem that dogs the law of theft, as will be seen below, is that in a commercial society no clear line can be drawn between greedy antisocial acquisitive behavior on the one hand and, on the other hand, aggressive selling, advertising, and other entrepreneurial activity that is highly regarded or at least commonly tolerated. Here two important principles of constitutional and criminal law come into play to restrict the scope of the law of theft. A criminal law must not be so comprehensive as to jeopardize the ordinary behavior of decent citizens.Nor may a criminal law be so vague that it fails to warn the citizen what is forbidden and leaves to the discretion of enforcement officers or judges whether certain behavior should be punishable. The tension between these principles, and the impulse to penalize all egregious greed, account for the fact that theft law inevitably falls short of penalizing all rascality. Whoever intending to take dishonestly with an intention to cause wrongful loss to another or wrongful gain to himself any movable property out of the possession of any person without that persons consent, moves that property in order to such taking is said to commit theft.At the same time—such are the refractory problems of legislative drafting—it is impossible, even with the most painstaking draftsmanship, to avoid overpenalizing in some cases. For example, obviously trivial peculations such as using an employers stationery for writing personal notes quite clearly fall within theft law; yet it has proved impossible to articulate exceptions that will exclude this and a myriad of other trivial violations. Such things remain, therefore, within the province of prosecutorial and judicial discretion.Q.Ajay handed over his mothers jewellery to his girlfriend, Jaya, for safekeeping. His girlfriend was in a need of money as she was planning a surprise for Ajays birthday. Jaya sold the jewellery to Mohan, though she was not authorised to do so. Ajay filed a suit against Jaya.a)Jaya is guilty of theft because she gained from it.b)Jaya is not guilty of theft because she was in possession of the jewellery.c)Jaya is not guilty of theft because Ajay had given her the jewellery.d)Jaya is guilty of theft because she caused wrongful loss to Ajay.Correct answer is option 'B'. Can you explain this answer?.
Solutions for Directions: Read the following passage carefully:Theft is a general term embracing a wide variety of misconduct by which a person is improperly deprived of his property. Whoever, intending to take dishonestly any property out of the possession of another person, moves that property for such taking, is said to commit theft.The purpose of theft law is to promote security of property by threatening aggressors with punishment. Property security is valued as part of the individuals enjoyment of his belongings and because the community wishes to encourage saving and economic planning, which would be jeopardized if accumulated property could be plundered with impunity. Another function of the law of theft is to divert the powerful acquisitive instinct from non-productive preying on others to productive activity.One problem that dogs the law of theft, as will be seen below, is that in a commercial society no clear line can be drawn between greedy antisocial acquisitive behavior on the one hand and, on the other hand, aggressive selling, advertising, and other entrepreneurial activity that is highly regarded or at least commonly tolerated. Here two important principles of constitutional and criminal law come into play to restrict the scope of the law of theft. A criminal law must not be so comprehensive as to jeopardize the ordinary behavior of decent citizens.Nor may a criminal law be so vague that it fails to warn the citizen what is forbidden and leaves to the discretion of enforcement officers or judges whether certain behavior should be punishable. The tension between these principles, and the impulse to penalize all egregious greed, account for the fact that theft law inevitably falls short of penalizing all rascality. Whoever intending to take dishonestly with an intention to cause wrongful loss to another or wrongful gain to himself any movable property out of the possession of any person without that persons consent, moves that property in order to such taking is said to commit theft.At the same time—such are the refractory problems of legislative drafting—it is impossible, even with the most painstaking draftsmanship, to avoid overpenalizing in some cases. For example, obviously trivial peculations such as using an employers stationery for writing personal notes quite clearly fall within theft law; yet it has proved impossible to articulate exceptions that will exclude this and a myriad of other trivial violations. Such things remain, therefore, within the province of prosecutorial and judicial discretion.Q.Ajay handed over his mothers jewellery to his girlfriend, Jaya, for safekeeping. His girlfriend was in a need of money as she was planning a surprise for Ajays birthday. Jaya sold the jewellery to Mohan, though she was not authorised to do so. Ajay filed a suit against Jaya.a)Jaya is guilty of theft because she gained from it.b)Jaya is not guilty of theft because she was in possession of the jewellery.c)Jaya is not guilty of theft because Ajay had given her the jewellery.d)Jaya is guilty of theft because she caused wrongful loss to Ajay.Correct answer is option 'B'. Can you explain this answer? in English & in Hindi are available as part of our courses for Humanities/Arts. Download more important topics, notes, lectures and mock test series for Humanities/Arts Exam by signing up for free.
Here you can find the meaning of Directions: Read the following passage carefully:Theft is a general term embracing a wide variety of misconduct by which a person is improperly deprived of his property. Whoever, intending to take dishonestly any property out of the possession of another person, moves that property for such taking, is said to commit theft.The purpose of theft law is to promote security of property by threatening aggressors with punishment. Property security is valued as part of the individuals enjoyment of his belongings and because the community wishes to encourage saving and economic planning, which would be jeopardized if accumulated property could be plundered with impunity. Another function of the law of theft is to divert the powerful acquisitive instinct from non-productive preying on others to productive activity.One problem that dogs the law of theft, as will be seen below, is that in a commercial society no clear line can be drawn between greedy antisocial acquisitive behavior on the one hand and, on the other hand, aggressive selling, advertising, and other entrepreneurial activity that is highly regarded or at least commonly tolerated. Here two important principles of constitutional and criminal law come into play to restrict the scope of the law of theft. A criminal law must not be so comprehensive as to jeopardize the ordinary behavior of decent citizens.Nor may a criminal law be so vague that it fails to warn the citizen what is forbidden and leaves to the discretion of enforcement officers or judges whether certain behavior should be punishable. The tension between these principles, and the impulse to penalize all egregious greed, account for the fact that theft law inevitably falls short of penalizing all rascality. Whoever intending to take dishonestly with an intention to cause wrongful loss to another or wrongful gain to himself any movable property out of the possession of any person without that persons consent, moves that property in order to such taking is said to commit theft.At the same time—such are the refractory problems of legislative drafting—it is impossible, even with the most painstaking draftsmanship, to avoid overpenalizing in some cases. For example, obviously trivial peculations such as using an employers stationery for writing personal notes quite clearly fall within theft law; yet it has proved impossible to articulate exceptions that will exclude this and a myriad of other trivial violations. Such things remain, therefore, within the province of prosecutorial and judicial discretion.Q.Ajay handed over his mothers jewellery to his girlfriend, Jaya, for safekeeping. His girlfriend was in a need of money as she was planning a surprise for Ajays birthday. Jaya sold the jewellery to Mohan, though she was not authorised to do so. Ajay filed a suit against Jaya.a)Jaya is guilty of theft because she gained from it.b)Jaya is not guilty of theft because she was in possession of the jewellery.c)Jaya is not guilty of theft because Ajay had given her the jewellery.d)Jaya is guilty of theft because she caused wrongful loss to Ajay.Correct answer is option 'B'. Can you explain this answer? defined & explained in the simplest way possible. Besides giving the explanation of Directions: Read the following passage carefully:Theft is a general term embracing a wide variety of misconduct by which a person is improperly deprived of his property. Whoever, intending to take dishonestly any property out of the possession of another person, moves that property for such taking, is said to commit theft.The purpose of theft law is to promote security of property by threatening aggressors with punishment. Property security is valued as part of the individuals enjoyment of his belongings and because the community wishes to encourage saving and economic planning, which would be jeopardized if accumulated property could be plundered with impunity. Another function of the law of theft is to divert the powerful acquisitive instinct from non-productive preying on others to productive activity.One problem that dogs the law of theft, as will be seen below, is that in a commercial society no clear line can be drawn between greedy antisocial acquisitive behavior on the one hand and, on the other hand, aggressive selling, advertising, and other entrepreneurial activity that is highly regarded or at least commonly tolerated. Here two important principles of constitutional and criminal law come into play to restrict the scope of the law of theft. A criminal law must not be so comprehensive as to jeopardize the ordinary behavior of decent citizens.Nor may a criminal law be so vague that it fails to warn the citizen what is forbidden and leaves to the discretion of enforcement officers or judges whether certain behavior should be punishable. The tension between these principles, and the impulse to penalize all egregious greed, account for the fact that theft law inevitably falls short of penalizing all rascality. Whoever intending to take dishonestly with an intention to cause wrongful loss to another or wrongful gain to himself any movable property out of the possession of any person without that persons consent, moves that property in order to such taking is said to commit theft.At the same time—such are the refractory problems of legislative drafting—it is impossible, even with the most painstaking draftsmanship, to avoid overpenalizing in some cases. For example, obviously trivial peculations such as using an employers stationery for writing personal notes quite clearly fall within theft law; yet it has proved impossible to articulate exceptions that will exclude this and a myriad of other trivial violations. Such things remain, therefore, within the province of prosecutorial and judicial discretion.Q.Ajay handed over his mothers jewellery to his girlfriend, Jaya, for safekeeping. His girlfriend was in a need of money as she was planning a surprise for Ajays birthday. Jaya sold the jewellery to Mohan, though she was not authorised to do so. Ajay filed a suit against Jaya.a)Jaya is guilty of theft because she gained from it.b)Jaya is not guilty of theft because she was in possession of the jewellery.c)Jaya is not guilty of theft because Ajay had given her the jewellery.d)Jaya is guilty of theft because she caused wrongful loss to Ajay.Correct answer is option 'B'. Can you explain this answer?, a detailed solution for Directions: Read the following passage carefully:Theft is a general term embracing a wide variety of misconduct by which a person is improperly deprived of his property. Whoever, intending to take dishonestly any property out of the possession of another person, moves that property for such taking, is said to commit theft.The purpose of theft law is to promote security of property by threatening aggressors with punishment. Property security is valued as part of the individuals enjoyment of his belongings and because the community wishes to encourage saving and economic planning, which would be jeopardized if accumulated property could be plundered with impunity. Another function of the law of theft is to divert the powerful acquisitive instinct from non-productive preying on others to productive activity.One problem that dogs the law of theft, as will be seen below, is that in a commercial society no clear line can be drawn between greedy antisocial acquisitive behavior on the one hand and, on the other hand, aggressive selling, advertising, and other entrepreneurial activity that is highly regarded or at least commonly tolerated. Here two important principles of constitutional and criminal law come into play to restrict the scope of the law of theft. A criminal law must not be so comprehensive as to jeopardize the ordinary behavior of decent citizens.Nor may a criminal law be so vague that it fails to warn the citizen what is forbidden and leaves to the discretion of enforcement officers or judges whether certain behavior should be punishable. The tension between these principles, and the impulse to penalize all egregious greed, account for the fact that theft law inevitably falls short of penalizing all rascality. Whoever intending to take dishonestly with an intention to cause wrongful loss to another or wrongful gain to himself any movable property out of the possession of any person without that persons consent, moves that property in order to such taking is said to commit theft.At the same time—such are the refractory problems of legislative drafting—it is impossible, even with the most painstaking draftsmanship, to avoid overpenalizing in some cases. For example, obviously trivial peculations such as using an employers stationery for writing personal notes quite clearly fall within theft law; yet it has proved impossible to articulate exceptions that will exclude this and a myriad of other trivial violations. Such things remain, therefore, within the province of prosecutorial and judicial discretion.Q.Ajay handed over his mothers jewellery to his girlfriend, Jaya, for safekeeping. His girlfriend was in a need of money as she was planning a surprise for Ajays birthday. Jaya sold the jewellery to Mohan, though she was not authorised to do so. Ajay filed a suit against Jaya.a)Jaya is guilty of theft because she gained from it.b)Jaya is not guilty of theft because she was in possession of the jewellery.c)Jaya is not guilty of theft because Ajay had given her the jewellery.d)Jaya is guilty of theft because she caused wrongful loss to Ajay.Correct answer is option 'B'. Can you explain this answer? has been provided alongside types of Directions: Read the following passage carefully:Theft is a general term embracing a wide variety of misconduct by which a person is improperly deprived of his property. Whoever, intending to take dishonestly any property out of the possession of another person, moves that property for such taking, is said to commit theft.The purpose of theft law is to promote security of property by threatening aggressors with punishment. Property security is valued as part of the individuals enjoyment of his belongings and because the community wishes to encourage saving and economic planning, which would be jeopardized if accumulated property could be plundered with impunity. Another function of the law of theft is to divert the powerful acquisitive instinct from non-productive preying on others to productive activity.One problem that dogs the law of theft, as will be seen below, is that in a commercial society no clear line can be drawn between greedy antisocial acquisitive behavior on the one hand and, on the other hand, aggressive selling, advertising, and other entrepreneurial activity that is highly regarded or at least commonly tolerated. Here two important principles of constitutional and criminal law come into play to restrict the scope of the law of theft. A criminal law must not be so comprehensive as to jeopardize the ordinary behavior of decent citizens.Nor may a criminal law be so vague that it fails to warn the citizen what is forbidden and leaves to the discretion of enforcement officers or judges whether certain behavior should be punishable. The tension between these principles, and the impulse to penalize all egregious greed, account for the fact that theft law inevitably falls short of penalizing all rascality. Whoever intending to take dishonestly with an intention to cause wrongful loss to another or wrongful gain to himself any movable property out of the possession of any person without that persons consent, moves that property in order to such taking is said to commit theft.At the same time—such are the refractory problems of legislative drafting—it is impossible, even with the most painstaking draftsmanship, to avoid overpenalizing in some cases. For example, obviously trivial peculations such as using an employers stationery for writing personal notes quite clearly fall within theft law; yet it has proved impossible to articulate exceptions that will exclude this and a myriad of other trivial violations. Such things remain, therefore, within the province of prosecutorial and judicial discretion.Q.Ajay handed over his mothers jewellery to his girlfriend, Jaya, for safekeeping. His girlfriend was in a need of money as she was planning a surprise for Ajays birthday. Jaya sold the jewellery to Mohan, though she was not authorised to do so. Ajay filed a suit against Jaya.a)Jaya is guilty of theft because she gained from it.b)Jaya is not guilty of theft because she was in possession of the jewellery.c)Jaya is not guilty of theft because Ajay had given her the jewellery.d)Jaya is guilty of theft because she caused wrongful loss to Ajay.Correct answer is option 'B'. Can you explain this answer? theory, EduRev gives you an ample number of questions to practice Directions: Read the following passage carefully:Theft is a general term embracing a wide variety of misconduct by which a person is improperly deprived of his property. Whoever, intending to take dishonestly any property out of the possession of another person, moves that property for such taking, is said to commit theft.The purpose of theft law is to promote security of property by threatening aggressors with punishment. Property security is valued as part of the individuals enjoyment of his belongings and because the community wishes to encourage saving and economic planning, which would be jeopardized if accumulated property could be plundered with impunity. Another function of the law of theft is to divert the powerful acquisitive instinct from non-productive preying on others to productive activity.One problem that dogs the law of theft, as will be seen below, is that in a commercial society no clear line can be drawn between greedy antisocial acquisitive behavior on the one hand and, on the other hand, aggressive selling, advertising, and other entrepreneurial activity that is highly regarded or at least commonly tolerated. Here two important principles of constitutional and criminal law come into play to restrict the scope of the law of theft. A criminal law must not be so comprehensive as to jeopardize the ordinary behavior of decent citizens.Nor may a criminal law be so vague that it fails to warn the citizen what is forbidden and leaves to the discretion of enforcement officers or judges whether certain behavior should be punishable. The tension between these principles, and the impulse to penalize all egregious greed, account for the fact that theft law inevitably falls short of penalizing all rascality. Whoever intending to take dishonestly with an intention to cause wrongful loss to another or wrongful gain to himself any movable property out of the possession of any person without that persons consent, moves that property in order to such taking is said to commit theft.At the same time—such are the refractory problems of legislative drafting—it is impossible, even with the most painstaking draftsmanship, to avoid overpenalizing in some cases. For example, obviously trivial peculations such as using an employers stationery for writing personal notes quite clearly fall within theft law; yet it has proved impossible to articulate exceptions that will exclude this and a myriad of other trivial violations. Such things remain, therefore, within the province of prosecutorial and judicial discretion.Q.Ajay handed over his mothers jewellery to his girlfriend, Jaya, for safekeeping. His girlfriend was in a need of money as she was planning a surprise for Ajays birthday. Jaya sold the jewellery to Mohan, though she was not authorised to do so. Ajay filed a suit against Jaya.a)Jaya is guilty of theft because she gained from it.b)Jaya is not guilty of theft because she was in possession of the jewellery.c)Jaya is not guilty of theft because Ajay had given her the jewellery.d)Jaya is guilty of theft because she caused wrongful loss to Ajay.Correct answer is option 'B'. Can you explain this answer? tests, examples and also practice Humanities/Arts tests.
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