Trespass

Question 1

Jural Correlatives

Answer 1

Right - duty
Privilege - no right
Power - liability
Immunity - disability

Question 2

Types of arguments

Answer 2

fairness, utility, institutional, administrability

Question 3

Trespass Opposing Interests

Answer 3

Freedom to exclude v. freedom of access

Question 4

Trespass Majority Rule

Answer 4

people have the right to exclude someone for any reason (or for no reason at all)

Exception: discrimination

Exception: special obligations on innkeepers and common carriers

Question 5

Trespass Minority rule

Answer 5

When property owners open their premises to the general public in the pursuit of their own property interests, they have no right to exclude people unreasonably (Uston – casino)

Reasonable reasons to exclude: people who disrupt the regular operations of the premise, threaten the security of the premises and its occupants, disorderly people, or dangerous people

Question 7

Common Law Defenses to Trespass

Answer 7

1. The entry is done w/ the consent;
2. The entry is justified by the necessity to prevent a more serious harm; or
3. The entry is otherwise encouraged by public policy

Question 8

Jacques v. Steenberg Homes – trailer case

Answer 8

Private landowner’s right to exclude is one of the most essential parts of property ownership, & right is hollow if legal system doesn’t protect it

Question 9

Tenants have a privilege to welcome visitors

Answer 9

Once you’ve invited a person in for the purpose of them using the property as their residence, you have conceited some of the right to exclude

Question 10

Discrimination
Federal Public Accommodations Statute (Section 2000a of the Civil Rights Act of 1964): the P must prove D:

Answer 10

1. Committed discrimination;
2. On the ground of one of the protected categories (race, religion, or national origin);
3. In access to a “place of public accommodation”

Question 11

Justifications offered for special obligations on innkeepers & common carriers:

Answer 11

1. More likely to be monopolies, so denial of service could deny the ability to travel / find a place to sleep away from home
2. Provide necessities & denial would place individuals at risk from the elements / bandits on the highway
3. Hold themselves out as ready to serve public & public relies on this representation

Question 12

To constitute a “place of public accommodation,” a business must

Answer 12

1. Fit into the list of facilities named (or implied? – inn, hotel, motel, or any other establishment with provides lodging; food service providers; retail establishment; gas station; a place of exhibition or entertainment);
2. “Serve the public” and not constitute a “private establishment…not in fact open to the public;” AND
3. Either “affect commerce” or be “supported by state action.”

Question 13

Argument for businesses to have the right to exclude:

Answer 13

Businesses are not going to exercise the right to exclude unreasonably (their point is to make money)

Counter: if their only motivation is $ & the customers want a certain class of people excluded, maybe business would abide by what the customers want (so maybe they would exercise the right to exclude)