Trespass

Question 1

Trespass (defined)

Answer 1

Any intentional and unprivileged entry onto land of another

Question 2

Defense of Necessity to Trespass

Answer 2

1. There is a clear and imminent danger
2. Trespassing is reasonably expected to abate that danger
3. There is no legal alternative to the trespass that would abate the danger
4. The legislature hasn’t precluded use of the defense elsewhere

Question 3

Three types of Privileged Trespass

Answer 3

1. Entry by consent (license)
2. Entry by necessity
3. Entry by public policy

Question 4

Civil Rights Act of 1964, Title II

Answer 4

Prohibition of discrimination in places of public accommodation on the basis of race, color, religion, or national origin

Question 5

Places of Public Accommodation (defined)

Answer 5

Places that offer goods and services to the general public (e.g. restaurant, shops, hotels, theaters)

Question 6

Duty of Innkeepers and Common Carriers

Answer 6

duty to serve the public and may only exclude based on some reasonable explanation - no arbitrary exclusions.

Question 7

Minority Rule - right to exclude from public accommodation

Answer 7

Where a piece of property is open to the general public, they have no right to exclude unreasonably (Uston v. Resorts)

Question 8

Majority rule - exclusion from places of public accomodations

Answer 8

Private establishments have a right to turn people away for any reason other than on the basis of one of the protected categories

Question 9

Public Trust Doctrine

Answer 9

state acts a trustee for all navigable waters so as to preserve the public’s right to use such waters for recreation, navigation, swimming, fishing, etc.

Question 10

Improving Trespasser Doctrine (defined)

Answer 10

When someone mistakenly invests large amount of money on building a structure that encroaches on the property of another

Question 11

Improving Trespasser (Majority Rule)

Answer 11

Apply the relative hardship doctrine

Question 12

Relative Hardship Doctrine

Answer 12

Courts apply a balancing test to determine the best remedy (damages or forced sale). Weighs the harm to the other’s property, the cost of removal of the encroaching structure, the level of interference with the property, and whether it was a mistake or not.

Question 13

Gift

Answer 13

transfer of property w/o payment

Question 14

Inter vivos gift

Answer 14

Gift from a living person

Question 15

Testamentary transfer

Answer 15

inherited gift from the deceased

Question 16

Law of Gifts

Answer 16

1. Intent to transfer title
2. Delivery of the property (either physical, constructive or symbolic)
3. Acceptance by receiver

Question 17

Rebuttal Presumption

Answer 17

Possession of property is presumed ownership unless someone w/ a superior title contests it