Exclusion and Access

Question 1

define trespass

Answer 1

an unprivileged intentional intrusion on property possessed by another

Question 2

when is trespass privileged?

Answer 2

• when entry is done at the consent of the owner
• the entry is justifies by the necessity to prevent a more serious harm to a person or property
• the entry is otherwise encouraged by public policy

Question 3

what is the presumtive remedy for a continuous trespass?

Answer 3

injunctions

Question 4

three cases that demonstrate landowners having the right to exclude

Answer 4

• glavin v. eckman
• jacque v. sttenberg homes
• madden v. queens (majority opinion for right to exclude)

Question 5

two cases that demonstrate no-right to exclude

Answer 5

state v. shack
uston v. resorts international hotel (not majority view)

Question 6

civil rights act of 1964 - Section 2000a

what must a plaintiff allege under the Public Accommodation Statute

Answer 6

• defendant committed discrimination
• on the ground of a protected category (race, religion, or national origin)
• in access to a “place of public accommodation”

Question 7

under civil rights act of 1964 - section 2000a, what constitutes as a “place of public accommodation?”

Answer 7

• fit into the list of facilities named ex. (inn/hotel/motel, place where food is sold on the premise, place of exhibition of entertainment)
• a place that serve the public and not constitute a “privare establistment . . . not in fact open to the public”
• a place that either “affect commerce” or be “supported by state action”