Rule Synthesis Exercise

1. Identify the rule from the following opinion.

The rule in this question is: “One may use reasonable force to protect property. Deadly force is not allowed in defense of property but is allowed when one threatens harm or death to another.”

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.

2. Identify the rule of law in the following opinion.

A concise rule statement for #2 is: “Children eighteen years or younger cannot be held responsible for any contract they enter into because they are too young to appreciate the magnitude of a contractual promise.”

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.

3.) Synthesize a rule for trespass from the following cases.

draft a rule statement for each of the following

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.

4) Synthesize a rule for the crime of conspiracy from the following cases:
draft a rule statement for each of the following

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.

 

 

 

Sample Solution

ACED ESSAYS