Week 5 (2)

Question 1

Necessity occurs when ___

Answer 1

ex ante negotiations not worth it (danger or stakes too low)

Question 2

Necessity applies with special force to ___

Answer 2

preservation of human life

Question 3

The circumstance that causes necessity cannot be __

Answer 3

caused by the intruder

Question 4

Necessity applies to ___

Answer 4

real and personal property

Question 5

Conditions of necessity shift the right to exclude __

Answer 5

from LO to person entering (can use self help)

Question 6

Under necessity, LO still has ___ but can only vindicate ___

Answer 6

right to exclude, seeking damages for harm caused by intruder

Question 7

Ploof says that __

Answer 7

one can enter another’s land if necessary to save one’s life or property

Question 8

About 50% of states permit anyone to hunt on rural land unless _ but the other half say __

Answer 8

no hunting or no trespassing signs prominently posted, consent always required

Question 9

Western states typically have ____ while eastern states have __ for regulating livestock

Answer 9

fencing out laws, fencing-in laws

Question 10

Right to roam laws mean __

Answer 10

implied license to walk up to the door of a house (UK and other commonwealth)

Question 11

4th amendment prevents police from walking up to front door with drug sniffing dog because ___

Answer 11

not custom to bring drug sniffing dog on a walk

Question 12

Jardines said that the ____ didn’t give police implied right to enter

Answer 12

absence of a gate

Question 13

McConico says that hunters have ___

Answer 13

right established by custom to hunt on unenclosed, uncultivated lands even against owner’s wishes when there is no posting of the right to exclude

Question 14

In McConico, the defendant was allowed to ___

Answer 14

carry on as a matter of tradition as long as do no harm to plaintiff’s land

Question 15

In Fisher, the court did not allow ___

Answer 15

proof of custom to determine ownership of the bees

Question 16

In Fisher, the court ruled that the plaintiff-finder was ___

Answer 16

a trespasser and so LO owned the bees

Question 17

It is unclear that in Fisher it would have mattered if ___

Answer 17

land there was uncultivated and unenclosed

Question 18

Public accommodations have a much more -__

Answer 18

limited right to exclude

Question 19

If public accomodation, owner cannot __ and must ___

Answer 19

discriminate (first come, first serve), give a fair price

Question 20

Why are public accomodations limited in right to exclude

Answer 20

(1) local monopoly power
(2) Burdick says quid pro quo for eminent domain

Question 21

Owner sovereignty should sometimes give way to ____

Answer 21

considerations of public policy

Question 22

Public policy defense transforms right to exclude from ___

Answer 22

a rule to a standard

Question 23

_____ where State v. Shack applies

Answer 23

NJ is the only place

Question 24

States other than NJ treat owner right of exclusion ___

Answer 24

as a rule subject to exceptions

Question 25

Shack says that rights are ____

Answer 25

relative and must be an adjustment when LO’s property rights conflict with another’s right to privacy and dignity

Question 26

Shack holds that the defendants ____ because ___

Answer 26

committed no trespass, land ownership does not include the right to bar access to govt services available to migrant workers

Question 27

Shack reasoning

Answer 27

Fed legislation to help farm workers useless if farm workers insulated from efforts to reach them

Question 28

In Maine, DeCoster holds that farm workers are ____

Answer 28

tenants so have a right to quiet enjoyment meaning right to receive visitors in their homes

Question 29

Uston is about __

Answer 29

card counting Blackjack player kicked out

Question 30

Uston says the common law right to exclude is ___

Answer 30

limited by competing CL right of reasonable access to public places

Question 31

Uston can be read as a __

Answer 31

public accomodations case

Question 32

Uston says the D did not have ___

Answer 32

authority to exclude patrons based on their strategies (although the Commission does)

Question 33

Uston says P right of reasonable access because he did not ___ OR ___

Answer 33

threaten security of any other patrons, disrupt the functioning of operations

Question 34

Marzocca suggests _____ because ___

Answer 34

pullback from NJ rule, right to exclude horse from racetrack for any or no reason upheld

Question 35

Custom and ___ closely linked

Answer 35

implied licenses

Question 36

Fisher suggests that the hive ___ so maybe ___

Answer 36

has a high value, low value rationale for implied license doesn’t apply

Question 37

Maybe Fisher rejects custom argument because ___

Answer 37

time for LO and finder to negotiate

Question 38

Title II doesn’t include ___ but many states___

Answer 38

retail, expanded public accomodations to include it

Question 39

NJ line of cases shows dislike of ___

Answer 39

owner sovereignty

Question 40

Merrill says the NJ approach __

Answer 40

takes too many resources to be effective