Thursday, February 16, 2012

I don't clearly understand the USA law can anyone help me with these 2 cases..?

Bob, a resident of Ohio, while driving on the freeway, hits Mark, a resident of Michigan, and totally destroys Mark's brand new Mercedes Benz. Mark may bring suit in federal district court:



1- because of federal question jurisdiction, OR because there is always federal jurisdiction if there is diversity of citizenship, OR if the amount in controversy is over $75,000, OR if the accident occurred outside of Ohio or Michigan.



The second Case





Fred doesn't like having neighborhood teenagers walk across his yard at night. He rigs an animal trap on the path the teenagers usually use to cross his land. One night, Rock and his friends are walking across the yard when Rock gets caught in the trap. He is taken to the hospital for his injuries.



A. Rock is a trespasser on Fred's property and therefore Fred has the right to strongly discourage anyone from trespassing.



B. Fred has no duty toward Rock.



C. Fred is not free to inflict intentional injury on a trespasser.



D. All of the above.I don't clearly understand the USA law can anyone help me with these 2 cases..?
I'll help you out with the second case: D. Fred is not free to inflict intentional injury on a trespasser. Force can only be used, and only the reasonable amount necessary, to protect life and property when there is clear and imminent threat of death or great bodily harm. If someone is simply cutting across the yard, the intent of the trespasser is not to cause harm, therefore the requirement of imminent death or great bodily harm is not met. The property owner is then subject to criminal prosecution and possibly civil litigation. The expectation of the law is that a reasonable person would either: 1. Call the police or 2. Place the trespasser under private person's (citizen's) arrest and then remand the trespasser immediately to the custody of a law enforcement officer. I think that in this case the most reasonable route would be to call the police - the liability and effort to effect a private person's arrest on a teenager who is only being lazy is too great, call the police and have them go out and speak to the parents.



Hope this helps!I don't clearly understand the USA law can anyone help me with these 2 cases..?
1. The insurance companies will settle it but since it went over state line it can be federal.



2. Nobody is allowed to put a trap in their yard even know it is their property. He can call the police, or put up a fence, but a trap is illigal.
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