Essay on "Tresspas the Court of Appeal"

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Essay 5 pages (1493 words) Sources: 4

[EXCERPT] . . . .

" As per this new designation of the land in discussion, there is no claim against them, since their actions do not conform to any of the clauses that have been mentioned as a must for being considered an act of trespassing.

Lord Farquaad however is of the opinion, that since the land is for the greater good of the community, as it would control the fairytale creatures, therefore, he has done nothing wrong. More so, he had consent from his court and as per that he has exercised his right only and that too within the jurisdiction of the Constitution.

CONCLUSION

The case should be heard separately, against the Fairytale creatures and that against Lord Farquaad. There is no evidence which indicates that the Fairytale creatures were in the wrong. And by extension, their actions are only the reflection of what Lord Farquaad had ordered.

DETAILS OF THE CASES

1. Gallin v. Poulou (1956) 140 Cal. App. 2d 638, 645

The case was filled by the tenant against her landlord, who had ordered some construction to take place in her basement. The result of this construction was an injury that was endured by the plaintiff on her back and shoulder due to a block of plaster falling off from the ceiling, something she claims would not have had happened, if the said construction was not taking place. This construction work by the landlord was considered as an intrusion and a trespass on the property. Had this trespassing not taken place, the injuries would not have taken place. It was decided that the result of this trespassing was associated with this, however direct or indirect, link to the injury.


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2. Halperin v. Pitts (2011)).

The intrusion in this case was not of any physical sort, but was in a fact the dispute on the property line which was taken to the next level. The decision of the court made it very clear that trespassing can be in any form, whether physical or not, and even flooding the other's person's property with an ill-willed desire would be counted as intrusion.

The decision also made a clear distinction between the intent of possession that the other party may have in such cases, which needs to be taken into account when property dispute cases are being heard.

3. Kelo v. City of New London, 545 U.S. 469 (2005)).

The case was filed by Susette Kelo whose private property was being taken up by the City of New London for development, which would have resulted in producing jobs and housing for many people. The area had been much affected by the recent economic upheaval. The decision upon the case was clear and made the argument that since such an act didn't violate any of the state and federal constitutions and it was important to take into consideration the greater good of the entire community.

The decision came under much fire, for the misinterpretation of the property laws and the Fifth Amendment.

4. Youngstown Sheet & Tube Co. v. Sawyer, 343, U.S. 579 (1952)

The case was the result of the seizure of the Nation's steel mills by the Secretary of Commerce, Charles Sawyer, upon the direct directive from the President of the United States, Harry Truman. The action was taken in the light of the emergency that is the Korean War, which had taken grip of the American economy. A nationwide strike of the steel mills would have jeopardized the entire economy and all that is linked to it, and therefore it was important to take such a step. The result was that the case was taken to the courts, however the judgment that was received upon it, has been the subject matter of much debate.

Where an agreement was reached that the President has no power to take such a step, the point raised by Justice Jackson in his judgment has been of crucial importance. The judgment states that the action of the President needs to be judged only after it has been transcribed a category. The categories which he created categorized the action as having been taken by the consent of the Congress, or the Congress having remained silent about the issues or as being defiant of the congressional orders.

Works Cited

Gallin v. Poulou. No. 16602. California . 10th April 1956.

Halperin v. Pitts. No. A139639. Washington County Circuit Court. 19th March… READ MORE

Quoted Instructions for "Tresspas the Court of Appeal" Assignment:

I have to write a brief for a Legal Studies class. We are to choose our own subject and make up the facts for the brief. It can be about search, seizure, or trespass. The example our prof gave us was the nursery rhyme ***** and trespass. The Bears contend that ***** trespassed and she contends that she had consent to enter the house. I need 4 real cases for the brief. Two that support the plaintiff and two that support the defendent. Ex: One paragraph about the first case, explain what happened, how it was ruled, and how does it apply to your case. Same for second case. Third and fourth case: Paragraph each about your defense. What happened, how court ruled, and how these do not relate to your case.

I also have to have a few pgs of the cases being referenced turned in. He said 2 pgs before reference and after reference. The brief will also be submitted to Turn it in.com.

I have an example of format I can email for reference.

My major is accounting not law, but this is a required class. So I would like to keep this pretty simple.

Hope this helps. *****

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Tresspas the Court of Appeal.” A1-TermPaper.com, 2012, https://www.a1-termpaper.com/topics/essay/search-seizure-trespass/5460302. Accessed 1 Jul 2024.

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