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ScanChapter9compressed - Exercise 9 Exercise 9 Part ll 1 a...

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Unformatted text preview: Exercise 9 Exercise 9 Part ll 1. a. Has no affect. f. Strengthens. b. Strengthens. g Weakens. c. Weakens. h. Sa'engthcns. d. Weakens. i. Strengthens e. Strengthens. j. Weakens. 2. a. Strengthens. f. Strengthens. b. Weakens. g. Has no affect. c. Weakens. h. Weakens. d. Weekens. i. Weakens. e. Strengthens. j. Strengthens. 3. a. Strengthens. f. Weakens. b. Has no affect. g. Strengthens. c. Strengthens. h. Weakens. d. Weakens. i. Weakens. e. Strengthens. j. Strengthens. 4. 3. Has no effect. f. Has no effect. b. Weakens. g. Strengthens c. Strengthens. h. Weakens. d. Weakens. i. Weakens e. Strengthens. j. Strengthens. 5. a. Strengthens f. Strengthens. b. Weakens. g. Weakens. e. Has no effect. h. Strengthens. d. Weakens. i. Strengthens. e. Weakens. j. Strengthens. 6. a. Weakens. f. Has no effect. b. Strengthens. g. Strengthens. e. Weakens. h. Weakens. d. Weakens. i. Strengthens. e. Weakens. j. Strengthens. 7. a. Weakens. f. Weakens. b. Strengthens. g. Weakens. c. Has no effect h. Strengthens. d. Strengthens. i. Strengthens. e. Strengthens. j. Weakens. 8. 9. 10. a. Weakens. f. Weakens. b. Strengthens. g. Weakens. c. Strengthens. h. Has no effect. d. Strengthens. i. Weakens. e. Weakens. j. Weakens. The central issue is whether Dr. Wacko's occupancy of Mica Peak was open, notorious. and hostile. For Dr. Wacko's argument, note the fact that every evening for 20 years he could be seen climbing the road to Mica Peak, and every night he had his equipment set up on the peak and his vehicle parked there. in open view of anyone in the vicinity. Whether anyone actually saw him there is irrelevant. Such occupation is more notorious than merely parking one's car in front of a house. as Crick had done. The car could have been owned by someone other than Crick. Also. evidence of Dr. Waeko's nightly occupation for twenty years must have been apparent during the day: weeds trampled down. footprints. tire marks. etc. After rainy nights. these indications must have been even more apparent. Such indications of occupancy are similar to Crick's mowing the lawn. F urthermore, Crick probably worked during the day and actually occupied the house only at night. just as Dr. Wacko occupied Mica Peak only at night. Lastly. unlike Raymond. who was gone 3 months of the year, Dr. Wacko occupied Mica Peak day in and day out. For Tom Bell's argument note the fact that Crick occupied urban property in open view of thousands of people. Neighbors would have seen Crick come and go. and some of them probably would have notified Hoskins. Because Mica Peak is relatively remote and because Dr. Wacko was there only at night, no neighbors would have been able to report Dr. Wacko's presence to Tom Bell. Also. the owner of a house would be expected to enter it periodically and check for evidence of occupancy. Such evidence would be obvious (clothes in the closet. dishes in the sink. etc). Since Hoskins apparently did not do this. he/she apparently did not care if the house was occupied. 0n the other hand. Mica Peak almost certainly stretches over a much larger area than a house, and evidence of Dr. Wacko's occupancy would be harder to detect. Even if Bell saw the tire marks. etc.. why should he think they were anything other than evidence of people enjoying a weekend picnic? Finally. even though Raymond set up a large tent on rural property and presumably left it there during the day time, Raymond was refused title to the land. By leaving no structures at all on Mica Peak during the day. Dr. Wacko's occupancy was even less notorious than Raymond's. The fact that Raymond was gone for three months is irrelevant because given the inaccessible condition of the land at this time. no one would have seen Raymond occupying it even if he had chosen to stay. For Maxie's argument, concentrate on the similarities between a home and a car (a car is an extended living space with heating, air conditioning. stereo. telephone, etc.). the dissimilarities between a plane and a car (greater difficulty in controlling, ease of crossing international borders. greater danger in operating. etc.). Also. people outside US. borders are not accorded the same constitutional protections as people inside. and a phone message normally suggests greater privacy than a radio message. In addition. the teenagers parked in the lot were acting in plain view, and a telescope only enhances ordinary sense perception (so there was no search). Maxie, on the 239 Exercise9 l2. other hand. was talking while speeding down the freeway. and was thus not acting in plain view (in the same sense). and a radio receiver (used by the agents) does not enhance ordinary sense perception. For the agents' argument. concentrate on the similarities between a car and a plane (both are means of transportation. both can cross state lines. both are relatively hard to keep track of. etc.). and the dissimilarities between a car or plane and a house (houses do not move. so a search warrant can be obtained without the risk of a house moving away in the mean time). Also, cell phones use radio transmittersjust like planes, the cell phone message was received inside us. bordersjust as was the radio message from the plane. and the cell phone message was received lnadvertently.just as was the radio message from the plane and the image through the telescope (thus making it impossible to plan ahead for a search warrant). Also. in a sense. Maxie was acting in plain view: A lip reader traveling in an adjacent car might interpret his message. Lastly. controlling illicit drugs is a high priority for the government. In support of the group. note the fact that the Gay Freedom Day parade involves sexual expression just as Lester's paintings did. and Lester‘s First Amendment rights were upheld. Indeed. the parade probably would have been less offensive than the paintings because it presumably involved no nudity. Similar parades were "calm and orderly.” if Lester's rights were upheld. then surely the group's rights should be upheld too. Also. analogously to the Nazi group. the gay group's expression was in the form of a parade. If the Nazi’s rights were upheld. then surely the gay’s should be too. After all. Nazi activities led to the death of millions of innocent people during World War II. If any deaths have resulted from gay activities, they were unintended and they were only accidentally connected with the activity itself. Furthermore. the gay parade is directly tied to the remediation of a severe social injustice. and therefore First Amendment protections should surely be extended to it. Finally. unlike the film. the parade would not be erotic and would not motivate viewers to engage in sexual activity they would not otherwise be disposed to engage in. By holding a parade. the gays are not seeking converts but only the recognition of their rights as human beings. In support of the police chief. note that the gay parade could be said to promote the spread of AIDS just as the erotic film would. The parade would promote homosexual awareness and openness in homosexual expression. and it would thus lead some people who are not openly homosexual to become so. Since AIDS is spread by homosexual activity. the parade would spread AIDS. In contrast to the Nazi parade, which involved political expression. the gay parade involves sexual expression. The First Amendment is intended chiefly to protect political expression. not sexual expression. Also unlike Lester’s art. which involved a relatively limited area of park space. the parade will be large and will be seen by hundreds or thousands of people. and will thus have a great influence. Also. Lester‘s art involved heterosexual nudity and therefore could not be said to promote homosexuality and the spread of AIDS. in favor of Isabel. note that constant noise is at least as disruptive as cold temperatures. Without sleep. Isabel's efficiency at work would undoubtedly be impaired. and thus her livelihood would be adversely afi‘ected. Linder could at least get some sleep by purchasing an electric blanket that would keep out the cold. but it is doubtful that earplugs would be equally effective for Isabel. Also. Carolyn's 240 Exercise 9 decision not to enforce the noise clause in the lease was a free act on her pamjust as was Garvin's decision not to provide heat. If Garvin was not permitted to collect rent. then neither should Carolyn. In contrast, Quincy's decision to shut down the elevator was probably mandated by necessary repairs. F urthermore, Fulton’s arthritis was a condition peculiar to her. whereas hearing is something everybody has. Also. when lsabel moved in. she had good reason to expect that the noise clause in the lease would be enforced. Otherwise. why would the lease contain such a clause? But when Fulton moved into the tenth floor apartment she had no reason to expect that the elevator would be operating every single day. and if she could not climb the stairs. she should not have taken the apartment Finally. there m reason to believe that the elevator problem was temporary. whereas the noise problem might have lasted for years. For Caroline. note that the lack of heat can have a direct impact on one’s physical health. Without heat. Linder could have caught pneumonia. However, a little noise has no such impact. Also. did lsabel ever talk to the owner of the stereo about turning down the volume? Apartment living can be expected to involve the inconvenience of noisy neighbors. and if lsabel did nothing to remedy the problem, she arguably consented to it. Also. lsabel's problem with the noise was similar to Fulton's problem with climbing flights of stairs: they both mulled from the location of their apartment within the building. and not with the building as a whole. Fulton could have asked Quincy for a new apartment closer to the ground. and if she had asked. she might have gotten one. instead, Fulton simply moved out. Similarly. lsabel could have asked Caroline for a new apartment some distance from the loud stereo. but instead shejust moved out. l3. For Liz's argument note that there were several events that intervened between the car accident and the amputation: Marys being taken to the hospital. Mary's being treated by doctors for bumps and bnrises, Mary's apparent mix-up with some other patient scheduled for leg amputation, the doctors‘ failure to check Mary's proper identity before operating. etc. Liz did not directly control any of these events. and therefore she could not have foreseen them. Liz could not have foreseen what hospital Mary would be taken to. the fact that Mary would be mixed up with another patient. etc. Because Liz should not be held liable for an event utterly unforeseen to her. she should not be liable for Marys amputated leg. The facts are similar to those in Game v. Hum. where Gomez could not foresee the exact route that Hunt would take when walking home. the fact that a worker would drop a brick. the fact that the brick would strike Hunt. etc. The facts are dissimilar to those in Sacco v. Lane. where Lane was in direct control over the flames in the barbecue, and it was those very same flames that spread to the houses. For Marys argument note that Liz initiated a chain of events that flowed naturally from the car accident to the amputation. Once the car accident occurred. it was foreseeable that Mary would be taken to the hospital. once Mary was in the hospital it was foreseeable that mix-ups would occur (alter all, mix-ups occur in hospitals every day). and given the nature of these mix-ups. it was foreseeable that Mary's leg would be amputated. Granted. Liz might not have been able to foresee each event in the chain. but once an event occurred. someone familiar with it could have foreseen the next event. Therefore. given that each event was foreseeable by someone—at least some hypothetical person-Liz should be held liable. The events 2-“ ...
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