trespass

Question 1

remedies

Answer 1

• Injunctive relief
• Damages
  * Restoration costs, punitive damages, market value diminution
• Court order of removal
• Transfer of property rights to the owner

Question 2

state v shack holding

Answer 2

property rights are not absolute
- One should so use his property as to not injure the rights of others
- Necessity, private or public, may justify entry upon the lands of another

Question 3

criminal trespass

Answer 3

() trespass → any person who trespasses on any lands… after being forbidden to trespass by the owner… is a disorderly person and shall be punished

Question 4

common law trespass

Answer 4

() trespass → unprivileged, intentional intrusion on property possessed by another

Question 5

commonwealth v magadini holding

Answer 5

Necessity may be a valid defense to charges of trespass against a homeless defendant

Question 6

uston v resorts international holding

Answer 6

An individual has a right of reasonable access to property open to the public

Question 7

prima facie case of discrimination

Answer 7

• Complainant is a member of a protected class;
• That the complainant attempted to avail himself of “accommodations, advantages, privileges or services” of a place of public accommodation; and
• That the “accommodations, advantages, privileges or services” were withheld, denied or refused to the complainant

Question 8

mcclure v taylor holding

Answer 8

A hotel’s denial of certain rooms to non-White guests may violate state law on discrimination in places of public accommodation

Question 9

public trust doctrine

Answer 9

Ownership, dominion, & sovereignty over certain natural resources is vested in the State in trust for the people

Question 10

matthews v bay head holding

Answer 10

public’s right to enjoy tidal lands includes a right of access over quasi-privately held dry sand lands

Question 11

martin v city of boise holding

Answer 11

The government may not criminalize conduct that unavoidably stems from a person’s involuntary status