Doctrines and Rules

Question 1

Attractive Nuisance

Answer 1

If the defendant’s premises contained some condition created and maintained by the defendant, which might attract children to enter those premises, then the defendant was held to owe child trespassers lured onto the premises a duty to take reasonable care to make the “attractive nuisance” safe.

Question 2

Blockbuster Rule

Answer 2

A legislature is presumed to have intended to prohibit punishing a defendant for two crimes arising from the same conduct unless each crime requires proof of an additional fact that the other does not.

Question 3

Wharton Rule

Question 4

Felony Murder Rule

Answer 4

A killing - even an accidental one - will be murder if it was caused with the intent to commit a felony. All co-felons are liable if one of them accidentally causes a death, even when a co-felon is killed, although courts many times will find an exception when a co-felon is the victim.