Chapter 1.3, Problem I.25E

Elizabeth is out with her friends at a bar one night. The bartender notices someone slip a pill into Elizabeth’s drink. If Elizabeth commits a crime later that night, the bartender can best testify on her behalf. Which defense most likely applies to this situation? (Whether or not the defense will work is not relevant.) A. Duress B. Involuntary Intoxication C. Mistake of Fact

Officer Cyril Rombach of the Burbank Police Department, an experienced and well-trained narcotics officer, applied for a warrant to search several residences and automobiles for cocaine, methaqualone, and other narcotics. Rombach supported his application with information given to another police officer by a confidential informant of unproven reliability. He also based the warrant application on his own observations made during an extensive investigation: known drug offenders visiting the residences and leaving with small packages, as well as a suspicious trip to Miami by two of the suspects. A State superior court judge issued a search warrant to Rombach based on this information. Rombach’s searches netted large quantities of drugs and other evidence, which produced indictments of several suspects on charges of conspiracy to possess and distribute cocaine. The defendants moved to exclude the evidence on the grounds that the search warrant was defective in that Rombach had failed to…

Laura was an 80 year old widow who was being cared for by Mary at her home. Mary had been with her for the part 10 years. upon Laura's death it was discovered that Mary had inherited all of Laura's earthly belongings including the house they lived in. Laura's two children are puzzled, as they knew their mother was senile, but would not have given Mary all her belongings.                i.      Will Mary be allowed to keep Laura's belongings? why or why not?                  ii.      Is Laura's state of mind important?                 iii.      What action can Laura's children take?                 iv.      Give two factors that will be considered in allowing the children to take                            action?

Jane is fifteen years old. She visited a Grocery (Rip-off) and requested food items, which cost about $100.  Jane’s parents are out of town and she is very short on food supplies and as such Rip-off gave to her the much needed groceries.  However, when her parents returned home  a few  days later, they refused to pay  for the groceries. They quickly pointed out that Jane is a minor and she does  not have any contractual capacity.

Capune was attempting a trip from New York to Florida on an eighteen-foot-long paddleboard. The trip was being covered by various media to gain publicity for Capune and certain products he endorsed. By water, Capune approached a pier owned by Robbins, who had posted signs prohibiting surfing and swimming around the pier. Capune was unaware of these notices and attempted to continue his journey by passing under the pier. Robbins ran up yelling and threw two bottles at Capune. Capune was frightened and tried to maneuver his paddleboard to go around the pier. Robbins then threw a third bottle that hit Capune in the head. Capune had to be helped out of the water and taken to the hospital. He suffered a physical wound that required twenty-four sutures and, as a result, had to discontinue his trip. Capune brought suit in tort against Robbins. Is Robbins liable? If so, for which tort or torts?

Having read Chapters 4 and 7 of the book The Black Swan, briefly – explain the concepts of the Turkey, and Bleed or Blow up. Provide examples of each

RJ Booker, a real estate firm based in Milsons Point, Sydney, emailed Mimi. Mimi had a friend workingat RJ booker and she told her that she wanted to sell her unit. The unit was located at the 19th floorof a modern apartment building located in Milson’s Point, almost beside the entrance to Luna Park.Gustavo, the franchisee and principal of RJ Booker in Milson’s Point, asked Mimi if the firm can beher exclusive agents in the sale of her unit. Gustavo explained that if they located a qualified buyer,RJ Booker would be entitled to the standard Real Estate industry commission rates for agents.Currently, this was about 3 percent of the purchase price. Mimi agreed and signed the agencycontract.Within five days, Gustavo called Mimi and told her that he had found a buyer for her unit, Alisa. Alisahad told Gustavo that she was ready to buy Mimi’s unit “as per contract” and “depending on the resultof a property inspection”. The very next day, Mimi received an email offer from a third party and…

Decide each of the following problems: a. A chimney sweep found a jewel and took it to a goldsmith, whose apprentice removed the stone and refused to return it. The chimney sweep sues the goldsmith. b. One of several boys walking along a railroad track found an old stocking. All started playing with it until it burst in the hands of its discoverer, revealing several hundred dollars. The original discoverer claims all of the money; the other boys claim it should be divided equally. c. A traveling salesperson leaving a store notices a parcel of bank notes on the floor. He picks them up and gives them to the owner of the store to keep for the true owner. After three years, they have not been reclaimed, and the salesperson sues the storekeeper. d. Frank is hired to clean the swimming pool at the country club. He finds a diamond ring on the bottom of the pool. The true owner cannot be found. The country club sues Frank for possession of the ring. e. A customer found a pocketbook lying on a…

Sanderson drives a delivery truck for Jim’s Wholesale Foods. As Sanderson is on his way to a local delivery, he rear-ends Sarah’s car. Sanderson immediately gets out of the delivery truck to assist Sarah. Sanderson tells Sarah that he did not intend to hit her and that he is very sorry. Sarah’s car is totaled, and Sarah is taken to the hospital with extensive injuries. Once Sarah is discharged from the hospital, she visits an attorney to discuss her options. Sarah’s attorney advises her that she can sue:   a) Jim’s Wholesale Foods only. b) no one, because the accident was not intentional. c) both Sanderson and Jim’s Wholesale Foods.