Legal Bibliography
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Briefly answer and cite the relevant C.J.S. section for the following:
(1) We represent the defendant in a wrongful death suit. A six-year-old child drowned in a stream on our client's property while tramping the woods with her parents when they were caught by a flash flood. The parents claim that our client, as a landowner, should have posted warnings or taken other steps to protect the public. What's our client's liability?
(2) Our elderly client lives near a church which recently acquired a new set of electronic chimes. Every hour on the hour the chimes loudly ring out a hymn, disturbing our client's naps. Can she enjoin the church from constantly playing its chimes.
(3) Lulu Mae, picketing an abortion clinic, fell to the ground limp when arrested for trespass. She refused to get up when asked by the arresting officer who then charged her with resisting arrest. Does doing nothing more than going limp constitute "resistance" to arrest?
(4) Lulu Mae's husband, Bubba, called one of the arresting officers a "jackass" and was promptly arrested himself for using obscene and abusive language. Can the State make this charge stick? Cite the C.J.S. section and New York case on point.
(5) Alex Butterfield secretly tapped his own home telephone and recorded his wife talking to her boyfriend. The conversations reveal that his wife has committed adultery, and Butterfield wants to use the tapes against her in his divorce case, especially as adultery is a complete bar to her claim for alimony. Can he use the recordings in Family Court?
(6) Nigel Tufnail was standing nude inside the door of his trailer which happens to be in view of the school bus stop. Several elementary school students noticed him and reported it to their bus driver. The sheriff's department arrested him for indecent exposure. Nigel claims he's entitled to walk around in the buff in his own home. Who's right?
(7) Gary Bonds was walking his dog, a Puli. The dog was not on a leash, but under voice command. A Richland County Animal Control officer stopped Bonds and seized the dog, and charged Bonds with allowing his animal to run at large. Is the Animal Control officer right?
(8) What's the difference between an annulment and a divorce?
(9) Ralph was arrested and charged with attempted larceny for trying to pick the pocketbook of a business executive. However, it turns out that the executive had left her wallet at home that day and had no money whatsoever. Ralph claims that he cannot be charged with attempting to commit a crime that was factually impossible to commit? Can he be successful prosecuted? Cite the C.J.S section and a New Jersey case that supports your answer.
Cite the relevant S.C. Jurisprudence section for the following:
(10) What grounds for divorce are recognized in South Carolina?
(11) What are the elements of the tort of false imprisonment in our state?