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Question 1
Mickey is walking along one day when he sees Donald swimming in a pond. Mickey is jealous of Donald because Donald wears a sailor's hat that Mickey has always wanted. While Donald is swimming, Mickey steals the hat and hides it in the shed behind his house. Daisy, who was sitting on the beach by the pond sees Mickey steal the hat and tells Donald. The next afternoon, Donald goes to Mickey's house and demands the hat back. When Mickey refuses, Donald pushes Mickey out of the way, goes to the shed in the backyard, breaks the shed door down and reclaims his hat. Mickey sues Donald for two trespasses to land; one for entering Mickey's property and one for damaging the shed. Mickey will probably:
Correct
Incorrect!
Correct There are instances where Defendant has the right to enter Plaintiff's land to reclaim chattels that are on Plaintiff's property. If Defendant's chattels are on Plaintiff's land because Plaintiff tortiously dispossessed Defendant of those chattels, Defendant has a complete privilege to enter Plaintiff's land as long as he follows four guidelines. First, Defendant must demand permission to enter Plaintiff's land in order to recover his chattels. Second, Defendant can only enter Plaintiff's land at a reasonable time and in a reasonable manner. Third, while Defendant will not be held liable for any damage he causes on Plaintiff's land, Defendant can be held liable for damage caused to buildings that do not contain Defendant's chattels. Finally, Defendant may use reasonable, non-deadly force on the Plaintiff if it is necessary to recover his chattels. Here, Donald was tortiously dispossessed of his hat. Further, he followed all of the guidelines required to maintain the privilege. Therefore, Mickey will lose and B is the correct answer.
Incorrect! There are instances where Defendant has the right to enter Plaintiff's land to reclaim chattels that are on Plaintiff's property. If Defendant's chattels are on Plaintiff's land because Plaintiff tortiously dispossessed Defendant of those chattels, Defendant has a complete privilege to enter Plaintiff's land as long as he follows four guidelines. First, Defendant must demand permission to enter Plaintiff's land in order to recover his chattels. Second, Defendant can only enter Plaintiff's land at a reasonable time and in a reasonable manner. Third, while Defendant will not be held liable for any damage he causes on Plaintiff's land, Defendant can be held liable for damage caused to buildings that do not contain Defendant's chattels. Finally, Defendant may use reasonable, non-deadly force on the Plaintiff if it is necessary to recover his chattels. Here, Donald was tortiously dispossessed of his hat. Further, he followed all of the guidelines required to maintain the privilege. Therefore, Mickey will lose and B is the correct answer.
Correct
Incorrect!
Correct
Incorrect!
Question 2
Donald is walking along one day when a gust of wind blows his cap off of his head. The cap sails onto Mickey's property and lands on one of Mickey's prize rose bushes. Donald enters Mickey's land to retrieve his hat. While he is reaching for his hat, Donald stumbled and ends up crushing come of Mickey's rose bushes. In a suit for trespass to land, Mickey will probably:
Correct There are instances where Defendant has the right to enter Plaintiff's land to reclaim chattels that are on Plaintiff's property. If Defendant's chattels are on Plaintiff's land through no fault of either party, Defendant has a privilege to enter Plaintiff's land but the privilege is not a complete privilege. Defendant is liable for any damage he causes while on Plaintiff's land although he is not liable for the damage caused by the chattels entering Plaintiff's land. Therefore, Donald is not liable for any damages caused by the hat but is liable for damages that he himself causes.
Incorrect! There are instances where Defendant has the right to enter Plaintiff's land to reclaim chattels that are on Plaintiff's property. If Defendant's chattels are on Plaintiff's land through no fault of either party, Defendant has a privilege to enter Plaintiff's land but the privilege is not a complete privilege. Defendant is liable for any damage he causes while on Plaintiff's land although he is not liable for the damage caused by the chattels entering Plaintiff's land. Therefore, Donald is not liable for any damages caused by the hat but is liable for damages that he himself causes.
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Question 3
After several days of heavy rain, the river running through Disneyville is about to overflow. The river is contained by one dam which is about to break. If the dam breaks, Disneyville will flood, causing widespread death and destruction. The dam is located on a parcel of land that is owned by Mickey. When Donald and Goofy try to enter Mickey's land to shore up the dam, Mickey attacks Donald in an attempt to prevent them from entering his land. During the fight, Donald pulls a knife and stabs Mickey to death. Donald and Goofy then proceed to shore up the dam and prevent the flood. If Mickey's estate sues Donald, they will likely:
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Correct A Defendant has a complete privilege to enter Plaintiff's land if it is necessary or if it reasonably appears to be necessary to avoid a public disaster. Because this is a complete privilege, the Defendant is not liable for any damage he causes, including damage to any buildings as long as defendant acts within the privilege. Further, Defendant is privileged to use any force necessary, including deadly force, against the landowner if it is necessary to do so. Here, Donald was acting within the privilege so he cannot be held liable for anything, even for Mickey's death. Therefore, D is the correct answer.
Incorrect! A Defendant has a complete privilege to enter Plaintiff's land if it is necessary or if it reasonably appears to be necessary to avoid a public disaster. Because this is a complete privilege, the Defendant is not liable for any damage he causes, including damage to any buildings as long as defendant acts within the privilege. Further, Defendant is privileged to use any force necessary, including deadly force, against the landowner if it is necessary to do so. Here, Donald was acting within the privilege so he cannot be held liable for anything, even for Mickey's death. Therefore, D is the correct answer.
Question 4
Juan Carlos is Spain's leading matador bull fighter. Having a few days between fights, and wanting some practice, Juan Carlos goes into the meadow behind his estate and begins taunting a wild bull that is grazing there. The bull charges Juan Carlos and Juan Carlos begins to run. In order to save his life, Juan Carlos jumps over a fence and onto Antonio's property. While running through Antonio's property, Juan Carlos accidentally tramples Antonio's prize rose bushes. Antonio sees Juan Carlos enter his land and confronts Juan Carlos. Antonio demands that Juan Carlos leave his property. When Juan Carlos refuses to leave the property because the bull is waiting on the other side of the fence, Antonio punches Juan Carlos in the face and breaks his nose. A few minutes later, the bull disappears and Juan Carlos returns home. Juan Carlos sues Antonio for breaking his nose and Antonio sues Juan Carlos for trespass and for destroying his rose bushes. The outcome will be:
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Correct A defendant is privileged to enter Plaintiff's land if it is necessary, or appears to be necessary, to protect himself or anybody else from death or serious bodily harm. However, this is an incomplete privilege. Therefore, Defendant is liable for damage he causes. Further, Defendant is entitled to use force, although not deadly force, against the landowner if necessary. Because Defendant has the right to enter Plaintiff's land under these circumstances, Plaintiff has no right to keep Defendant off of his land. Thus, the Plaintiff will be liable for any force he uses against Defendant in trying to keep Defendant off of his land. So, Juan Carlos can collect for Antonio's battery and Antonio can collect for his ruined bushes. However, Antonio cannot collect for Juan Carlos' trespass because Juan Carlos was privileged to be on Antonio's land. Therefore, D is the correct answer.
Incorrect! A defendant is privileged to enter Plaintiff's land if it is necessary, or appears to be necessary, to protect himself or anybody else from death or serious bodily harm. However, this is an incomplete privilege. Therefore, Defendant is liable for damage he causes. Further, Defendant is entitled to use force, although not deadly force, against the landowner if necessary. Because Defendant has the right to enter Plaintiff's land under these circumstances, Plaintiff has no right to keep Defendant off of his land. Thus, the Plaintiff will be liable for any force he uses against Defendant in trying to keep Defendant off of his land. So, Juan Carlos can collect for Antonio's battery and Antonio can collect for his ruined bushes. However, Antonio cannot collect for Juan Carlos' trespass because Juan Carlos was privileged to be on Antonio's land. Therefore, D is the correct answer.
Question 5
Mickey is walking along one day when Donald swimming in a pond. Mickey is jealous of Donald because Donald wears a sailor's hat that Mickey has always wanted. While Donald is swimming, Mickey steals the hat and hides it in the shed behind his house. Daisy, who was sitting on the beach by the pond sees Mickey steal the hat and tells Donald. The next afternoon, Donald goes to Mickey's house and demands the hat back. When Mickey refuses, Donald pushes Mickey out of the way, goes to the shed in the backyard, breaks the shed door down and reclaims his hat. Mickey sues Donald for two trespasses to land; one for entering Mickey's property and one for damaging the shed. Mickey will probably:
Correct
Incorrect!
Correct There are instances where Defendant has the right to enter Plaintiff's land to reclaim chattels that are on Plaintiff's property. If Defendant's chattels are on Plaintiff's land because Plaintiff tortiously dispossessed Defendant of those chattels, Defendant has a complete privilege to enter Plaintiff's land as long as he follows four guidelines. First, Defendant must demand permission to enter Plaintiff's land in order to recover his chattels. Second, Defendant can only enter Plaintiff's land at a reasonable time and in a reasonable manner. Third, while Defendant will not be held liable for any damage he causes on Plaintiff's land, Defendant can be held liable for damage caused to buildings that do not contain Defendant's chattels. Finally, Defendant may use reasonable, non-deadly force on the Plaintiff if it is necessary to recover his chattels. Here, Donald was tortiously dispossessed of his hat. Further, he followed all of the guidelines required to maintain the privilege. Therefore, Mickey will lose and B is the correct answer.
Incorrect! There are instances where Defendant has the right to enter Plaintiff's land to reclaim chattels that are on Plaintiff's property. If Defendant's chattels are on Plaintiff's land because Plaintiff tortiously dispossessed Defendant of those chattels, Defendant has a complete privilege to enter Plaintiff's land as long as he follows four guidelines. First, Defendant must demand permission to enter Plaintiff's land in order to recover his chattels. Second, Defendant can only enter Plaintiff's land at a reasonable time and in a reasonable manner. Third, while Defendant will not be held liable for any damage he causes on Plaintiff's land, Defendant can be held liable for damage caused to buildings that do not contain Defendant's chattels. Finally, Defendant may use reasonable, non-deadly force on the Plaintiff if it is necessary to recover his chattels. Here, Donald was tortiously dispossessed of his hat. Further, he followed all of the guidelines required to maintain the privilege. Therefore, Mickey will lose and B is the correct answer.
Correct
Incorrect!
Correct
Incorrect!
Question 6
Donald is walking along one day when a gust of wind blows his cap off of his head. The cap sails onto Mickey's property and lands on one of Mickey's prize rose bushes. Donald enters Mickey's land to retrieve his hat. While he is reaching for his hat, Donald stumbled and ends up crushing come of Mickey's rose bushes. In a suit for trespass to land, Mickey will probably:
Correct There are instances where Defendant has the right to enter Plaintiff's land to reclaim chattels that are on Plaintiff's property. If Defendant's chattels are on Plaintiff's land through no fault of either party, Defendant has a privilege to enter Plaintiff's land but the privilege is not a complete privilege. Defendant is liable for any damage he causes while on Plaintiff's land although he is not liable for the damage caused by the chattels entering Plaintiff's land. Therefore, Donald is not liable for any damages caused by the hat but is liable for damages that he himself causes.
Incorrect! There are instances where Defendant has the right to enter Plaintiff's land to reclaim chattels that are on Plaintiff's property. If Defendant's chattels are on Plaintiff's land through no fault of either party, Defendant has a privilege to enter Plaintiff's land but the privilege is not a complete privilege. Defendant is liable for any damage he causes while on Plaintiff's land although he is not liable for the damage caused by the chattels entering Plaintiff's land. Therefore, Donald is not liable for any damages caused by the hat but is liable for damages that he himself causes.
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Question 7
After several days of heavy rain, the river running through Disneyville is about to overflow. The river is contained by one dam which is about to break. If the dam breaks, Disneyville will flood, causing widespread death and destruction. The dam is located on a parcel of land that is owed by Mickey. When Donald and Goofy try to enter Mickey's land to shore up the dam, Mickey attacks Donald in an attempt to prevent them from entering his land. During the fight, Donald pulls a knife and stabs Mickey to death. Donald and Goofy then proceed to shore up the dam and prevent the flood. If Mickey's estate sues Donald, they will likely:
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Correct A Defendant has a complete privilege to enter Plaintiff's land if it is necessary or if it reasonably appears to be necessary to avoid a public disaster. Because this is a complete privilege, the Defendant is not liable for any damage he causes, including damage to any buildings as long as defendant acts within the privilege. Further, Defendant is privileged to use any force necessary, including deadly force, against the landowner if it is necessary to do so. Here, Mickey was acting within the privilege so he cannot be held liable for anything, even for Mickey's death. Therefore, D is the correct answer.
Incorrect! A Defendant has a complete privilege to enter Plaintiff's land if it is necessary or if it reasonably appears to be necessary to avoid a public disaster. Because this is a complete privilege, the Defendant is not liable for any damage he causes, including damage to any buildings as long as defendant acts within the privilege. Further, Defendant is privileged to use any force necessary, including deadly force, against the landowner if it is necessary to do so. Here, Mickey was acting within the privilege so he cannot be held liable for anything, even for Mickey's death. Therefore, D is the correct answer.
Question 8
Juan Carlos is Spain's leading matador bull fighter. Having a few days between fights, and wanting some practice, Juan Carlos goes into the meadow behind his estate and begins taunting a wild bull that is grazing there. The bull charges Juan Carlos and Juan Carlos begins to run. In order to save his life, Juan Carlos jumps over a fence and onto Antonio's property. While running through Antonio's property, Juan Carlos accidentally tramples Antonio's prize rose bushes. Antonio sees Juan Carlos enter his land and confronts Juan Carlos. Antonio demands that Juan Carlos leave his property. When Juan Carlos refuses to leave the property because the bull is waiting on the other side of the fence, Antonio punches Juan Carlos in the face and breaks his nose. A few minutes later, the bull disappears and Juan Carlos returns home. Juan Carlos sues Antonio for breaking his nose and Antonio sues Juan Carlos for trespass and for destroying his rose bushes. The outcome will be:
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Correct A defendant is privileged to enter Plaintiff's land if it is necessary, or appears to be necessary, to protect himself or anybody else from death or serious bodily harm. However, this is an incomplete privilege. Therefore, Defendant is liable for damage he causes. Further, Defendant is entitled to use force, although not deadly force, against the landowner if necessary. Because Defendant has the right to enter Plaintiff's land under these circumstances, Plaintiff has no right to keep Defendant off of his land. Thus, the Plaintiff will be liable for any force he uses against Defendant in trying to keep Defendant off of his land. So, Juan Carlos can collect for Antonio's battery and Antonio can collect for his ruined bushes. However, Antonio cannot collect for Juan Carlos' trespass because Juan Carlos was privileged to be on Antonio's land. Therefore, D is the correct answer.
Incorrect! A defendant is privileged to enter Plaintiff's land if it is necessary, or appears to be necessary, to protect himself or anybody else from death or serious bodily harm. However, this is an incomplete privilege. Therefore, Defendant is liable for damage he causes. Further, Defendant is entitled to use force, although not deadly force, against the landowner if necessary. Because Defendant has the right to enter Plaintiff's land under these circumstances, Plaintiff has no right to keep Defendant off of his land. Thus, the Plaintiff will be liable for any force he uses against Defendant in trying to keep Defendant off of his land. So, Juan Carlos can collect for Antonio's battery and Antonio can collect for his ruined bushes. However, Antonio cannot collect for Juan Carlos' trespass because Juan Carlos was privileged to be on Antonio's land. Therefore, D is the correct answer.