New York State Court Officers Practice Exam

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What is a dwelling?

A building which is usually occupied by a person lodging therein at night.
A structure with a roof and walls.
A commercial building.
A vacant property.

The correct answer is: A building which is usually occupied by a person lodging therein at night.

The correct response describes a dwelling as a building typically occupied by a person who stays there overnight. This definition emphasizes the residential nature of a dwelling, indicating that it is primarily designed for living purposes, where individuals sleep and spend time. Focusing on the incorrect options, a structure with a roof and walls could describe many types of buildings, including those that are not meant for residential use. While it does highlight some physical characteristics of a dwelling, it does not capture the essence of what constitutes a dwelling related to habitation. A commercial building refers to properties intended for business use rather than for living. This option does not align with the definition of a dwelling since it is focused on business activity rather than residential occupancy. Lastly, a vacant property lacks the necessary elements of occupation, as a dwelling implies that it is regularly lived in, not unoccupied. This concept of occupancy is crucial when discussing what defines a dwelling in legal and practical terms.