Practice Quiz

Paralegal

Category - Judgement

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Michael works for an attorney practicing in civil litigation. Michael’s employer is handling a case involving a 30-acre parcel owned by a wealthy entrepreneur. The 30-acre parcel has a large house on it and thick woods surrounding the main house. A young man entered the parcel to hunt quail in the wooded area surrounding the house. As Michael’s employer is drafting a motion, he asks Michael to find cases with facts similar to the facts of this case. Which of the following cases is most analogous to the insurance defense attorney’s case?
  1. A case in which a landowner operated a canoe-rental business on land with a lake, and two boys entered the property, took a canoe that was not locked in a storage locker, used it on the lake, and one boy drowned.
  2. A case in which a homeless person sued a property owner after entering the owner’s land looking for a safe spot to sleep and was injured by a sharp nail in an abandoned boat house.
  3. A case in which an elderly woman was injured after she was invited to a homeowner’s bridal shower for her daughter, and a young child pulled a chair out from under the elderly woman as she was about to sit down.
  4. A case in which a helicopter pilot lands on a farmer’s land after the pilot spots an interesting old barn and wants to photograph the barn from the ground.
Explanation
Answer: D - A case in which a helicopter pilot lands on a farmer’s land after the pilot spots an interesting old barn and wants to photograph the barn from the ground. Answer D is the most analogous because both the quail-hunter scenario and the pilot-photographer scenario involve trespass on the land of another. Answer A is not the most analogous because the quail-hunter scenario entered the entrepreneur’s land for his own benefit (hunting game), and in Answer A, the landowner’s canoes and lake attracted the children, the unlocked canoe was unsafe, and the claim belongs to the boy’s family. Answer B is not the most analogous because the quail-hunter scenario involves a claim by the entrepreneur for trespass and Answer B involves a claim by the homeless person against the property owner. Answer C is not the most analogous because the elderly woman was not a trespasser and has a claim against the homeowner-the homeowner does not have a claim against the elderly woman.
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