20 - REMEDIES Final Examination Spring 2001 Instructor Craig Smith Time Allotted Three Hours An answer should demonstrate your ability to analyze

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REMEDIES Final Examination Spring 2001 Instructor: Craig Smith ______ Time Allotted - Three Hours ______ An answer should demonstrate your ability to analyze the facts presented by the question, to select the material from the immaterial facts, and to discern the points upon which the case turns. It should show your knowledge and understanding of the pertinent principles and theories of law, their relationship to each other, and their qualifications and limitations. It should evidence your ability to apply the law to the facts given, and to reason logically in a lawyer-like manner to a sound conclusion from the premises adopted. Try to demonstrate your proficiency in using and applying legal principles rather than a mere memory of them. An answer containing only a statement of your conclusions will receive little credit. State fully the reasons that support them. All points should be thoroughly discussed. Although your answer should be complete, you should not volunteer information or discuss legal doctrines that are not necessary or pertinent to the solution of the problem. Unless a question expressly asks for California law, it should be answered according to legal theories and principles of general application.
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QUESTION 1 Curly's apartment building adjoins Moe's shopping center, Plaza Stooge. During the past two years Moe has held six rock music events to promote business at Plaza Stooge. The concerts have attracted between 4,000 and 7,000 people. Curly has a number of complaints about the concerts: Moe's property is not large enough to accommodate crowds of 4,000 people; concertgoers use Curly's property damaging the grass and leaving a huge amount of trash behind. Some of the concerts have been very loud; and the concerts continue well past midnight on weeknights. Curly's tenants have complained bitterly. Plaza Stooge has announced a full concert schedule for the summer, and the tenants fear that the concerts will involve noise, large crowds, and lots of trash. Some tenants have given notice of their intent to move. Assume you have just been hired to represent Curly. Advise him as to what legal remedies he and/or his tenants may be entitled to.
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QUESTION 2 Dale Earnhardt was recently killed in an auto racing accident. Photographs of Earnhardts body were taken during an autopsy. The Miami Herald, by means of a source it refuses to identify, has obtained copies of some of the photos and has announced its intention to publish them in its upcoming Sunday edition. Some of the photos have already surfaced on the internet at sites unrelated to the Herald. Florida law makes it a misdemeanor to publish autopsy photos without the permission of the deceaseds next of kin. Although Earnhardts widow has refused to grant permission, the Dade County District Attorney has announced that he will not prosecute the paper should it decide to publish the photos because of the great public interest in Earnhardt. The mere thought that the pictures might be published by the
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This note was uploaded on 11/05/2009 for the course MATH 110 taught by Professor Washingtonm during the Fall '08 term at Foothill College.

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20 - REMEDIES Final Examination Spring 2001 Instructor Craig Smith Time Allotted Three Hours An answer should demonstrate your ability to analyze

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