Class Notes 1 PDF

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Property Notes...

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Class Notes 1 

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Right to exclude  Most fundamental of rights  Can’t use or control property without the right Trespass  The intent and unlawful intrusion of property Black Letter Law

State v. Shack  Criminal matter  Difference between criminal and civil trespass  Penalty = $50  Advantage = criminal allows individual to avoid attorney fees  Con = do not have the same control that you would if you hired your own attorney  Want to promote helping the minority/legal right, not just to get out of the fine  Constitutional arguments  Supremacy clause is violated (not necessary to explore, no previous holding on it)  1st amendment  Strict strategy standpoint: how do we make a decision without being overturned?  Court rejects:  Formalistic approach!!! AND idea that farmer invited them or not…????  Page 6 Example:  “Right to swing your fist at my nose” Source of Law? -Right to free association -Common Law interpreted in NJ **Ownership and rights to property -Right to exclude (CL) Legal aid and medical workers are not trespassing because they are not infringing -Tedesco thought he had a piece of property but since he didn’t, there was no violation of the statute because no trespassing -No possessory right of the conduct of the employer...