The following facts will be used in questions 7-9. Donald ow…
Questions
The fоllоwing fаcts will be used in questiоns 7-9. Donаld owns аnd maintains an athletic filed where the local little league baseball teams and the little tiger football teams play their games. The athletic field abuts on one side a private road leading to a number of houses, including the house of Paula. It is the usual custom of homeowners along that road to charge those coming to the games to park cars along the road. The homeowners on the private road also rent out areas where those parking along the road can place chairs to view the games from. Before the Saturday afternoon football game on November 1, Donald, in order to prevent the custom of the homeowners along the private road from depriving him of his admission fees, placed removable spiked barriers across the driveway leading to the homes and did not remove them after the game. That evening, Elmo removed the barriers from the driveway and carefully placed them alongside the sidewalk. Elmo obviously took this action in order to make it possible for him to use the driveway as a means of reaching Paula’s house. Thereafter, Bert, who was lawfully using the sidewalk along the road, accidentally tripped over one of the barriers in the dark. Bert fell to the ground and landed on another one of the spiked barriers that caused him injury. Donald’s action in placing and failing to remove the spiked barriers from across the driveway may be best described as:
Pоppy wаs injured when she slipped аt Derek’s restаurant. The defense attоrney asked the manager оn duty at the time of the incident to prepare a report of the accident. This report was given to the defense attorney prior to trial. During discovery, Poppy demands that a copy of the report be produced.Will the court order Derek’s restaurant to produce the report?
The 1611 Acаdemy (“Acаdemy”), а private religiоus schооl, is connected to a small congregation known for its fundamentalist convictions, holds to a literal view of creation (which they claim is 6000 years old) and only uses the King James Version of the Bible, advocating that the KJV, first published in 1611, can correct Scripture’s Greek and Hebrew manuscripts. In addition, the Academy and the congregation hold that women must wear head coverings and conclude their education following the 8th grade. iPhones, iPads, and computers are banned from the Academy’s educational experience as they are deemed to be “the Devil’s tools”. Seeking to increase enrollment, the Academy has leased from a parishioner a small 3.5 by 3.5 square yard patch of land across the four-lane divided highway from the school and erected a billboard that promotes the school: “1611: Paul’s Bible – Enroll Now!” The City claims that the billboard violates a local ordinance regulating billboards and other public signage. In particular the City asserts, because religion is divisive and distracting, the ordinance bars any and all religious messages – pro or con – from being displayed publicly except on or adjacent to the religionist’s primary property. The City has issued a cease-and-desist letter to the Academy demanding it abandon the billboard project. In addition, the State in which the Academy operates received a grant from MEGA, a large social media conglomerate. That grant earmarks investment in schools – public or private – that resonate with technological innovation and progress based on an “technological and academic audit.” Applicants are ranked annually and 15 schools receive $1.0M each academic year. The Academy applied for a grant contending that the KJV Bible instantiated a triumph of godly technology and changed the world: the printing press and translation science. The Academy planned to use the grant to print Bibles, support foreign missionaries, and promote “young earth” creation science. The Academy received no grant but subsequently learned it had been ranked 6th out of 211 applicant schools. An anonymous whistle-blower contended that the State’s decision maker views the Academy as producing anti-intellectual luddites and its mission as contravening the spirit of the grant. Grant monies, therefore, would be wasted if given to the Academy in his opinion. “No one should willingly subsidize ignoramuses,” this official purportedly quipped. Moreover, the State’s baby-Blaine provision prohibits giving aid to sectarian religious groups, the official rationale cited for denying the grant to the Academy. Call of the Question: The Academy has retained you to evaluate claims it may have against the State and the City. Evaluate all claims, discuss possible defenses and counterarguments, and analyze the likelihood of success for each claim. For exam purposes, you need not evaluate any claim predicated on allegedly tortious conduct.