3) Trespass Flashcards Preview

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Flashcards in 3) Trespass Deck (25):
1

private proeprty open to public -- 2 exceptions

--common carriers --protected class based illegal discrimination

2

trespass: intentional

voluntary act --strict liability, so mistake still liable (walked vs was carried)

3

interstate commerce act

sets common carriers as an exception to nl rule that dnh to allow anyone in your 'public place'

4

Civil Rights Act 1866

can make/enforce ks -- recently interpreted by some courts as granting borader rights since 1964

5

Uston v. Resorts International Hotel Inc

F: P excluded from casino for card-counting H: owner of a property open to public dnh right to exclude individual at their discretion OJO! MINORITY VIEW!

6

F: D drove mobile home across P's property despite P's adamant refusal H: intentioanl trespass justifies award of punitive damages despite minimal compensatories. Actual harm in every trespass. Policy considerations.

Jacque v. Steenberg Homes

7

trespass: intrusion: limits of property

column from core of earth to top of sky.

8

trespass: unprivileged: necessity exception

ok if to prevent more serious harm (save someone from burning building)

9

trespass: intrusion (2 exs)

the moment you enter the property --includes object extending over boundary --above or below the surface

10

private property open to public: common carrier exception def and reason

transit (plane/trainbus), inkeepers BC: monopolies limit freedom, big consequences for people if they have to sleep outside

11

trespass: unprivileged -- exceptions (2)

necessity public policy

12

private property open to the public -- current majority rule (inc 2 exceptions)

no right to access (exclude anyone for any reason) except --common carriers --protected class based illegal discrimination

13

trespass: unrivileged: public policy exception

--ex: antidiscrim statutes, free speech, etc --different rules of access/occupancy when property open to public

14

trespass: limits of property: EXCEPTIONS (2)

overhanging airplanes deep down fracking

15

trespass -- elements (4)

1) unpriviledged 2) intentional 3) intrusion 4) on property possessed by another

16

Jacque v. Steenberg Homes

F: D drove mobile home across P's property despite P's adamant refusal H: intentioanl trespass justifies award of punitive damages despite minimal compensatories. Actual harm in every trespass. Policy considerations.

17

F: D legal aid atty trespassing charges for coming on farmer's land to visit farmworkers H: owner's right to exclude dn extend to providers of gvt services attempting to visit farmworkers (policy)

State v. Shack

18

private property open to public MINORITY VIEW

reasonable right of access

19

'trespass' -- private property open to the public

majority: no right to access even 'public' places EXCEPT: illegal (protected class) discrim --common carriers

20

trespass: unpriviledged -- ways owner can limit consent (2)

--can revoke any time --License can be LIMITED (come here but not play blackjack)

21

civil rights statutes impacting public access

--1964 --1866

22

State v. Shack

F: D legal aid atty trespassing charges for coming on farmer's land to visit farmworkers H: owner's right to exclude dn extend to providers of gvt services attempting to visit farmworkers (policy)

23

trespassing: intrusion: when?

the moment you enter the property

24

Civil Rights Act 1964

full and equal enjoyment of public accom (hotel/restaurant/amusement) based on protected class

25

F: P excluded from casino for card-counting H: owner of a property open to public dnh right to exclude individual at their discretion OJO! MINORITY VIEW!

Uston v. Resorts International Hotel Inc