1. You have two (2) hours to complete this exam.

2. This is a closed book exam that is worth 67% of your grade for this course.

3. This exam consists of 2 sections: the first section is one essay question, worth 17% of the final grade, and the second section is 50 multiple-choice questions, worth 50% of the final grade.

4. You must begin with the essay section of the exam, and remove that section only from your packet. When you have completed it, please return the essay section of the exam, including the question, your answer and your notes, to the envelope, and only then may you remove the multiple choice section and commence working on it. Once you have placed the essay section in the envelope, you may not go back to it.

5. You have up to forty (40) minutes to complete the essay section. Please answer these questions in the blue books provided to you. Write only on the right hand side of the page (skipping a page each time) and double-space your work. Please write legibly. Typists please leave wide margins. Succinctness, organization and clarity will count significantly towards the grade as to the essay.

6. Correct multiple-choice answers are to be marked on the ParScore answer sheet form provided. I will NOT look at your exam questions for answers to those questions. Correct multiple choice answers are to be marked on the separate “ParSCORE TEST FORM” using pen or pencil and following the instructions on that form. If you change your answer, place a clear X through the wrong answer and mark the correct answer. A machine will score the exam and any ambiguities will be counted as a wrong answer.

7. Write your exam number on your exam envelope. Put your student exam # and correct class section at the top of this page, each page of questions, each blue book and your ParScore answer form. Do not use your name, student ID number or Social Security Number on any exam materials.

8. At the conclusion of the exam, return all exam materials to the exam envelope and submit it to the proctor. Do not seal the envelope. Students who do not return all exam materials at the end of the exam may not be graded.

GOOD LUCK!

ESSAY

Jack and Jill, residing in the State of Indecision, were partners in a computer software business. Jill, having a gambling addiction problem particularly regarding college football games, made the mistake of betting too much on college games and lost heavily. Unbeknownst to Jack, Jill began dipping into the partnership assets for her wagers, but kept losing. Eventually, Jack discovered that Jill had essentially stripped the partnership clean and Jack reported the problem to the local police, who in turn reported it to the local district attorney.

The district attorney determined that there were several distinct problems in prosecuting Jill. The first was that Indecision had never before determined that larceny by a partner from the partnership was a crime and the second was that even if Indecision made it a crime, Indecision was a state which had not combined the various forms of larceny into one crime of theft, and the district attorney did not know which of the various forms of larceny was appropriate regarding this particular situation.

You are a law clerk working for the district attorney, and she has asked you to determine, in a short, succinct memo stating first the law, then analysis thereof, and then your conclusion, the answers to the two questions: first whether the larceny, if any, by Jill from the partnership was a crime and the second, if it was a crime, which of the various forms of larceny was most likely to result in a conviction.

END OF ESSAY