Rule Synthensis Exercise - Assignment - Miranda L. Hall PDF

Title Rule Synthensis Exercise - Assignment - Miranda L. Hall
Course U.S. Law and Legal Analysis
Institution Arizona State University
Pages 2
File Size 119 KB
File Type PDF
Total Downloads 32
Total Views 146

Summary

Exercise on the Rule Synthesis procedure...


Description

Rule Synthesis Exercise 1.

Module 3

Miranda L. Hall ID No. 1218378746

Identify the rule from the following opinion.

Naomi owned several acres of land. She prided herself on her beautiful gardens. Periodically, intruders would enter her property and ruin her gardens. Naomi decided to take action in order to protect her property. She built an electrified fence around her land. One night, Ariel attempted to enter Naomi’s land. He tried to clime over the electric fence and suffered a severe electric shock. Ariel was hospitalized for injuries and may die. He is now suing Naomi for battery. This court must decide whether Naomi has a defense to the battery claim. Held: Naomi is liable for battery. Naomi did not use reasonable force in this case to protect her property. Ariel’s invasion of property did not threaten harm to any person, yet Naomi used excessive force causing serious bodily harm or death. Naomi’s use of force to defend her property was inappropriate. RULE: A landowner is liable for battery if an intruder is injured on their land by a force deemed to be unreasonable. 2.

Identify the rule of law in the following opinion.

On his sixteenth birthday, John agreed to sell his bicycle to Ms. Lupo for $100. Two weeks later, John decided to keep his bicycle, and would not sell it to Ms. Lupo. Ms. Lupo sued. We hold that John did not breach the contract. Children eighteen years or younger cannot be held responsible for any contract they enter into. They are too young to appreciate the magnitude of a contractual promise. RULE: A contract signed and entered into by a minor cannot be upheld, as a minor cannot be held responsible for any contract they enter into. 3.

Synthesize a rule for trespass from the following cases.

Case 1: Defendant entered plaintiff’s land. Defendant did not know plaintiff owned the land. Held: Defendant is liable for trespass. Case 2: Defendants was pushed onto plaintiff’s land. Held: Defendant is not liable for trespass. Case 3: Plaintiff invited defendant to enter her land. Held: Defendant is not liable for trespass. RULE: One is guilty of trespass if they voluntarily enter land owned by another person, even if they are without knowledge of the land being owned by another party.

* Exercises taken from Legal Analysis: The Fundamental Skill, by David S. Romantz and Kathleen Elliot Vinson, Carolina Academic Press (1998).

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Rule Synthesis Exercise

4.

Module 3

Miranda L. Hall ID No. 1218378746

Synthesize a rule for the crime of conspiracy from the following cases:

Case 1: The defendant and Todd agreed to commit a crime on the following evening. Held: Defendant entered into a conspiracy. Case 2: The Defendant agreed to help Shelly commit a crime on the following evening, but the Defendant though Shelly was joking. Held: Defendant did not enter into a conspiracy. Case 3: Daniel agreed to help Paul commit a crime on the following evening. Paul was an undercover police office who never intended to complete the crime. Held: Paul did not enter into a conspiracy. RULE: A person is guilty of conspiracy if they voluntarily agree and intend to assist another person with committing a crime.

* Exercises taken from Legal Analysis: The Fundamental Skill, by David S. Romantz and Kathleen Elliot Vinson, Carolina Academic Press (1998).

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