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Question 1
Mickey is playing "fetch" in the park with his dog Pluto. Mickey has a frisbee that he is throwing and that Pluto is chasing and bringing back to Mickey. Mickey throws the frisbee into a lake at the edge of the park and Pluto dives into the water and retrieves the frisbee. What Mickey doesn't know, is that the lake is not part of the park but. rather, Donald, who owns the piece of property which borders the park, owns the lake as well. In an action for trespass to land against Mickey, Donald will probably:
Correct
Incorrect!
Correct
Incorrect!
Correct To establish a prima facie case for trespass to land, Plaintiff must show that there was an intentional intrusion on land that plaintiff was in possession, or was entitled to immediate possession, of. It is important to remember that for purposes of intent, Defendant does not have to know that the land he is intruding on belongs to someone else. All that is required is that he intentionally entered, or caused something else, to enter someone else's land. Here, Mickey intended to throw the frisbee on Donald's property. The fact that Mickey did not know that the lake belonged to Donald is immaterial. Therefore, Donald has a viable cause of action and C is the correct answer.
Incorrect! To establish a prima facie case for trespass to land, Plaintiff must show that there was an intentional intrusion on land that plaintiff was in possession, or was entitled to immediate possession, of. It is important to remember that for purposes of intent, Defendant does not have to know that the land he is intruding on belongs to someone else. All that is required is that he intentionally entered, or caused something else, to enter someone else's land. Here, Mickey intended to throw the frisbee on Donald's property. The fact that Mickey did not know that the lake belonged to Donald is immaterial. Therefore, Donald has a viable cause of action and C is the correct answer.
Correct
Incorrect!
Question 2
Mickey is playing "fetch" in the park with his dog Pluto. Mickey has a frisbee that he is throwing and that Pluto is chasing and bringing back to Mickey. Mickey throws the frisbee toward a cluster of trees but a strong gust of wind blows the frisbee into a lake at the edge of the park. Pluto dives into the water and retrieves the frisbee. What Mickey doesn't know is that the lake is not part of the park but. rather, Donald, who owns the piece of property which boarders the park, owns the lake as well. In an action for trespass to land against Mickey, Donald will probably:
Correct To establish a prima facie case for trespass to land, Plaintiff must show that there was an intentional intrusion on land that plaintiff was in possession, or was entitled to immediate possession, of. Without intent, the landowner would have no cause of action for trespass to land against the defendant. Here, Mickey did not intend to throw the frisbee onto Donald's land. Therefore, Donald has no cause of action and A is the correct answer.
Incorrect! To establish a prima facie case for trespass to land, Plaintiff must show that there was an intentional intrusion on land that plaintiff was in possession, or was entitled to immediate possession, of. Without intent, the landowner would have no cause of action for trespass to land against the defendant. Here, Mickey did not intend to throw the frisbee onto Donald's land. Therefore, Donald has no cause of action and A is the correct answer.
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Question 3
Donald invites Mickey and his dog Pluto to swim in his lake. Mickey brings along Pluto's frisbee to play "fetch" with. After a few hours, Mickey and Donald get into an argument and Donald asks Mickey to get off of his property. Mickey gathers up this things and leaves. However, the frisbee is floating in the lake and Mickey doesn't bother to get it. Donald finds the frisbee and sues Mickey for a trespass to land. Donald will probably:
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Correct Actual intrusion onto Plaintiff's land is required for a viable action for trespass to land. The intrusion can be committed by personal entry onto someone else's property, or it can be committed by causing some object (or another person) to enter someone else's land. Additionally, if Defendant is permitted to be on Plaintiff's property and that permission expires or is revoked and Defendant does not leave Plaintiff's land, or if Defendant does leave but he leaves something behind on Plaintiff's property, Defendant will be liable for the trespass. Here, Mickey was on Donald's land with permission, the permission was revoked and Mickey then left the frisbee on Donald's land. Leaving the frisbee represents a trespass. Therefore, Donald has a viable cause of action and D is the correct answer.
Incorrect! Actual intrusion onto Plaintiff's land is required for a viable action for trespass to land. The intrusion can be committed by personal entry onto someone else's property, or it can be committed by causing some object (or another person) to enter someone else's land. Additionally, if Defendant is permitted to be on Plaintiff's property and that permission expires or is revoked and Defendant does not leave Plaintiff's land, or if Defendant does leave but he leaves something behind on Plaintiff's property, Defendant will be liable for the trespass. Here, Mickey was on Donald's land with permission, the permission was revoked and Mickey then left the frisbee on Donald's land. Leaving the frisbee represents a trespass. Therefore, Donald has a viable cause of action and D is the correct answer.
Question 4
Willie and Jackie live on the same block. In between their houses stands Rickey's house. One day, Jackie and Willie decide to play catch. Willie stands on one side of Rickey's backyard and Jackie stands on the other side of Rickey's yard and they throw the ball back and forth over Rickey's property. Rickey sees the game of catch and decides to sue for trespass. Neither Willie nor Jackie ever sets foot on Rickey's property. In an action for trespass, Rickey will:
Correct
Incorrect!
Correct
Incorrect!
Correct There is case law that has redefined the extent of a landowner's ownership of the airspace above his property so that the landowner's rights only extend to the airspace that is within the immediate reaches of his propertyand that an invasion of this airspace is not actionable so long as it does not interfere with the landowner's "use and enjoyment" of his land. Here, the airspace used to play catch is clearly within that limit in nearly all instances.
Incorrect! There is case law that has redefined the extent of a landowner's ownership of the airspace above his property so that the landowner's rights only extend to the airspace that is within the immediate reaches of his propertyand that an invasion of this airspace is not actionable so long as it does not interfere with the landowner's "use and enjoyment" of his land. Here, the airspace used to play catch is clearly within that limit in nearly all instances.