Issue Spots

Question 1

Attractive Nuisance (5 elements)

Answer 1

A land possessor may be liable for injuries to children trespassing on the land if

1. An artificial condition exists in a place the land owner knows or has reason to know children are likely to trespass
2. The owner knows or has reason to know that the condition poses an unreasonable risk of death or serious bodily injury to children
3. The children, because of their youth, do not discover or cannot appreciate the danger presented by the condition
4. The utility to the landowner of maintaining the condition and burden of eliminating the danger are slight in comparison to the risk of harm to kids
5. The landowner fails to exercise reasonable care to protect children from the harm

Question 2

Who is subject to strict liability for a defective product?

Answer 2

The defendant must be in the business of selling or otherwise distributing products of the type that harmed the P. (Manufacturer, distributor, or retailer)

Question 3

Is an auctioneer subject to strict liability?

Answer 3

Generally, no.

Question 4

A judge is absolutely immune from civil liability for damages resulting from her judicial acts unless it is clear that the judge did not have, WHAT?

Answer 4

Jurisdiction

Question 5

When does a mutual mistake happen?

Answer 5

When both parties are mistaken as to an essential element of the contract

Question 6

If a mutual mistake happens. when may the contract be voidable? (4 elements)

Answer 6

1. Mistake of existing at the time the contract was formed
2. The mistake relates to the basic assumption of the contract
3. The mistake has a material impact on the transaction and
4. The adversely affected party did not assume the risk of the mistake

Question 7

In a prior restraint case, who needs to prove that the expression is protected speech?

Answer 7

The government needs to prove that the material to be censored is not protected speech

Question 9

Are physical symptoms necessary to prove IIED?

Answer 9

No

Question 10

When may an affirmative defense of duress be raised? (crim)

Answer 10

If a third party’s unlawful threat causes a D to reasonably believe that the only way to avoid death or serious bodily injury (to himself or another_ is to violate the law, and the belief causes the D to violate the law

Question 11

Does the Due Process Clause prevent the state from placing the burden of proving an affirmative defense, such as insanity, self-defense, entrapment or durress on the defendant?

Answer 11

No

Question 12

In FRE, does a waiver of service waive any objection to personal jurisdiction or venue?

Answer 12

No.

Question 13

When may the gpvernment regulate speech related activities in nonpublic forums?

Answer 13

The government may regulate speech-related activities in nonpublic forums as long as the regulation is (i) viewpoint-neutral and (ii) reasonably related to a legitimate governmental interest.

Question 14

When is an interference unreasonable for nuisance

Answer 14

The interference is unreasonable if it effectively renders the land unavailable for ordinary use or enjoyment by the possessor and (1) is a per se nuisance, (2) does not comport with customs or expectations in the locality concerning appropriate activities or conditions on land, (3) results from a failure by the actor to exercise reasonable care with respect to the risk of causing interference, or (4) causes physical damage to the possessor’s land or fixtures.