Legal Writing

The Defendant in the case cites a previous case - Dunlap v. Light Company, 212 N.C. 814, 195 S.E, 43 (1938) - to support its argument in the appeal. How does the Appeals Court distinguish this case? a. The Dunlap concerned only a temporary reduction in the flow of water O b. The power company in the Dunlap case did not have the power of eminent domain O c. The dam at issue in the Dunlap case was not as large as the dam at issue in the present case.

On appeal, the appellant cited three errors of law made by the trial court. Which below is not one of them? a. Whether the defendant must respect downstream riparian rights even though it had been granted an impoundment certificate by the Environmental Management Commission O b. Whether a municipal water authority has the power of eminent domain O c. Whether the plaintiff's were required to exhaust administrative remedies before bringing the Ilaw suit O d. Whether the correct measure of compensation for the taking is the reduction in amount of electricity generated by the plaintiffs

When might a farm operator be liable for damage to a neighbor's crop caused by the mistake of an aerial applicator? a. The farmer is never liable O b. The farmer failed to ensure that the applicator had a current applicator's license O c. The farmer was carrying more insurance than the applicator

13 What is the test for factual causation? But for Disconduct, the prohibited result would not have occurred in the way that it did Dis responsible for the crime. But for D's conduct the prohibited result might not have occurred in the way that it did. O completed use crime. But for D's conduct, the prohibited result probably would not have happened. 00000 Previous NA

From the case, match the legal standard of care a landowner owed a visitor to his/her land according to the "old"trichotomy (i.e. the common law rule prior to this case) a landowner must refrain from willful injury and from wantonly and recklessly exposing the visitor to danger a landowner need only refrain from the willful or wanton infliction of injury to the visitor landowner owes a duty to the visitor to use ordinary care to keep his property reasonably safe and towarn of hidden perils or unsafe conditions that could be discovered by reasonable inspection andsupervision.

3. What does Laws LJ mean in Thoburn, when he sets out the test that a 'constitutional Act of Parliament, 'conditions the legal relationship between citizen and State in some general, overarching manner? Could this cover areas of law like taxation and criminal law, which are not normally regarded as constitutional matters?

Which below was a feature of Plaintiff's organic production operation? O a. Refrained from applying banned chemicals on his land for three (3) years prior to certification as organic O b. Maintained a buffer between his production field and the border of his property O c. Employed a crop rotation plan O d. All of these

The Court's opinion makes note of the how the concept of the invitee, licensee and trespasser 'trichotomy' was formed,and why a number of courts have rejected it. How did it? O a. the trichotomy concept was tied to feudal England where land was the basis for wealth and thus land owners needed protection O b. the concept was developed during a time when the common law concept of negligence was in its infancy, so less thought was given to compensating victims of foreseeable injuries O c. juries were seen as sympathetic pools of potential land entrants who would hold landowner defendants accountable, and thus needed restraint O d. all these

Similar to previous question, which statement below is not descriptive of the H2A program? a. an employer must pay for the guest worker's travel from and back to their country of origin O b. an employer is required to provide 3 meals@rslefficient facilities for the guest worker to prepare his or her meals O c. a guest worker must surrender his or her passport to their employer upon arrival O d. the employer must pay a wage rate set according to state where the worker is employed

The reasonable belief in consent test in the mens rea of rape allows the jury to take into account: No circumstances of Dand no steps taken to ascertain content. 00000 point Previous 50 D'sage, sexual experience, learning disability, or any other character defect (including mental disorder), along with anysteps taken by D to ascertain whether V consented. D's age and only, along with any steps taken by D to ascertain whether consented. Any circumstances or beliefs of D along with any steps taken by D to ascertain whether Vconsented. O's age, sexual experience or learning disability, along with any steps taken by D to ascertain whether V consented. Next