Could do OJur/practice books/find a statute



OHIO PRINT RESEARCH PROBLEM

Professor Glassman’s Legal Writing Class 2010

YOUR NAME:________________________________________________

DATE: _________________________________________________________

PROBLEM: LIQUOR PERMIT HOLDER LIABILITY

Your friend Josh owns a bar in the Westpark neighborhood of Cleveland, Ohio. One evening, Kelly Ambrose was drinking at Josh’s bar. Kelly left the bar to drive home in her Toyota. The Toyota suddenly accelerated, Kelly lost control and her vehicle crashed through the window of Lossman Motors. The police tested Kelly, and she was slightly over the legal blood-alcohol limit. Josh wants to know if he can be held liable to Lossman Motors for the damages. What is a possible defense for Josh?

Find (not necessarily in this order – you may want to start with a practice book or encyclopedia rather than the statutes – it is up to you).

1. Relevant Statutes:

______________________________________________________________________

2. Applicable Encyclopedia or Practice Book Section:

________________________________________________________________________________________________________________________________________________________________________________________________________________________

3. A West Digest Key Number on point to the issue:

________________________________________________________________________________________________________________________________________________

4. A relevant case concerning a possible defense for Josh. How did you find the case? Notice the headnotes at the top of the case, do the headnotes include the key number you found?

__________________________________________________________________________________________________________________________________________--- ___

5. Time permitting, find a law review article about liquor permit holder liability:

______________________________________________ ________________________

OHIO PRINT RESEARCH PROBLEM

Professor Glassman’s Legal Writing Class 2010

YOUR NAME:________________________________________________

DATE: _________________________________________________________

PROBLEM: LIQUOR PERMIT HOLDER LIABILITY

Your friend Josh owns a bar in the Westpark neighborhood of Cleveland, Ohio. One evening, Kelly Ambrose was drinking at Josh’s bar. Kelly left the bar to drive home in her Toyota. The Toyota suddenly accelerated, Kelly lost control and her vehicle crashed through the window of Lossman Motors. The police tested Kelly, and she was slightly over the legal blood-alcohol limit. Josh wants to know if he can be held liable to Lossman Motors for the damages. What is a possible defense for Josh?

Find (not necessarily in this order – you may want to start with a practice book or encyclopedia rather than the statutes – it is up to you).

1. Relevant Statutes:

____ORC _4399.18 esp. B (proximate cause). Index – Intoxicated Persons, liability of person selling

2. Applicable Encyclopedia or Practice Book Section:

Ojur3d Intoxicating Liquor section 379 -387, esp. 384. kind of hard if you don’t know the term Dram Shop Act. May look in the index under intoxicating liquor, property damage or third parties _OR can find via table of contents

3. A West Digest Key Number on point to the issue:

Index – Intoxicating Liquors, Civil Actions against Seller or Provider, Proximate Cause (Intoxicating Liquors, key no. 291) __________________________

4. A relevant case concerning a possible defense for Josh. How did you find the case? Notice the headnotes at the top of the case, do the headnotes include the key number you found?

_Popovich v. Pechkurow, 145 NE 2d 550 ; Carr v. Toledo Police Patrolman's Assn., 2008 Ohio 213; etc. lots of cases under digest but most are in the supplemental pamphlet ___

5. Time permitting, find a law review article about liquor permit holder liability:

_______lots under the annotations to the statute__________________________

OHIO PRINT RESEARCH PROBLEM Professor Glassman’s Legal Writing Class 2009

Your Name:________________________________________________________

Date:______________________________________________________________

Frank Winnebago rented a lot in the Sunny Acres Mobile Home Park. Most of the residents of Sunny Acres are retired couples. The lease agreement provides that residents shall abide by Sunny Acres rules, which include restrictions on number of pets (two) and number of children (2) per trailer unit. Frank’s sister Ethel has fallen on hard times. Frank invited her and her twelve children to come live with him until she can find a job and a permanent place to live. Ethel’s pregnant hound Betsey came along, and promptly had a litter of seven puppies.

Other lot tenants have complained to Frank about the dog barking and the noise the children are making. One day the Sunny Acres manager presents Frank with an eviction notice, citing violation of the Park’s rules. Can Frank be thrown out of Sunny Acres?

Answer: Probably

1. Cite an applicable Ohio Revised Code section: __________________________

Which code did you use? _______________________

2. Find discussion of the topic in two secondary sources (treatise, practice book, encyclopedia): _______________________________________________________

________________________________________________________

_______________________________________________________

3.Find a case on the issue: Citation:___________________________________

4. Find an applicable digest topic and key number: ________________________

OHIO PRINT RESEARCH PROBLEM – TEACHER EDITION

Professor Glassman’s Legal Writing Class 2009

Your Name:________________________________________________________

Date:______________________________________________________________

Frank Winnebago rented a lot in the Sunny Acres Mobile Home Park. Most of the residents of Sunny Acres are retired couples. The lease agreement provides that residents shall abide by Sunny Acres rules, which include restrictions on number of pets (two) and number of children (2) per trailer unit. Frank’s sister Ethel has fallen on hard times. Frank invited her and her twelve children to come live with him until she can find a job and a permanent place to live. Ethel’s pregnant hound Betsey came along, and promptly had a litter of seven puppies.

Other lot tenants have complained to Frank about the dog barking and the noise the children are making. One day the Sunny Acres manager presents Frank with an eviction notice, citing violation of the Park’s rules. Can Frank be thrown out of Sunny Acres?

Answer: Probably if the owner follows RC ch 1923 requirements.

3. Cite an applicable Ohio Revised Code section: ORC3733.101(A)(2); 3733.091(A)(4)

4. Find discussion of the topic in two secondary sources: Ohio Landlord Tenant Law sec. 10:5, 10:6; Ohio Consumer Law § 9:52, Park Operator Remedies--Termination of Rental Agreement.; Oh Jur 3d Manufactured Home Parks etc. sec 35; OH Jur. 3d Landlord & Tenant § 502, Forcible Entry and Detainer Action, Ojur Manufactured Homes 35.

.

5. Find a case on the issue: Hamlet Mobile Home Park v. Sigmund, 118 Ohio App3d 29, 691 N.E. 2d 1081 ; Day v. Baker, 2004-Ohio-5529, 2004 WL 2340656 ; Thompson v. KMV II, Ltd. (Ohio App. 11 Dist., Portage, 03-07-2003) No. 2001-P-0125, 2003-Ohio-1096, 2003 WL 943871

4. Find an applicable topic and key number: Landlord and Tenant 389; West's Key Number Digest, Landlord and Tenant [pic]386 to 394 ; Landlord & Tenant 382

OHIO PRINT RESEARCH PROBLEM

Professor Glassman’s Legal Writing Class 2009

Your Name:________________________________________________________

Date:_____________________________________________________________

Yougottahavit Pet store is a chain that specializes in the importation and sale of exotic animals. Sally Ineedit wandered in the store one day looking for a gift for her friend Bll Haseverything. She settled on a rare Peruvian lizard, and gave it to Bill for his birthday. Bill subsequently came down with a violent tropical disease, resulting in hospitalization, six weeks lost wages, and a fear of lizards. It has been determined that the cause of Bill’s illness was a germ carried by the lizard, who died shortly after Bill became ill. Bill sues Yougottahavit claiming that the lizard was a defective product under the Ohio Product Liability Act. What will he recover?

Answer:

1. Find the Ohio Revised Code Section that defines a Product under the Ohio Product Liability Act. _____________________________

2. Find a statement in this statute or the most recent printed amendment to it that explains whether or not there is a common law cause of action for product liability in Ohio: ________________________________________________

______________________________________________________________

______________________________________________________________

3. Find discussion of the issue of whether the lizard could be a defective product in a treatise or practice book.: Citation:________________________________

4. Find an Ohio case on the issue : Citation:___________________________

5. What key number/digest topic is applicable? _________________________

OHIO PRINT RESEARCH PROBLEM – TEACHER EDITION

Professor Glassman’s Legal Writing Class 2009

Your Name:________________________________________________________

Date:______________________________________________________________

Yougottahavit Pet store is a chain that specializes in the importation and sale of exotic animals. Sally Ineedit wandered in the store one day looking for a gift for her friend Bll Haseverything. She settled on a rare Peruvian lizard, and gave it to Bill for his birthday. Bill subsequently came down with a violent tropical disease, resulting in hospitalization, six weeks lost wages, and a fear of lizards. It has been determined that the cause of Bill’s illness was a germ carried by the lizard, who died shortly after Bill became ill. Bill sues Yougottahavit claiming that the lizard was a defective product under the Ohio Product Liability Act. What will he recover?

Answer: No – pets are not products under the act

6. Find the Ohio Revised Code Section that defines a Product under the Ohio Product Liability Act. 2307.71(12)(a), and (b)

7. Find a statement in this statute or the most recent printed amendment to it that explains whether or not there is a common law cause of action for product liability in Ohio: No 2307.71 (B) and uncodified law statement

8. Find discussion of the issue of whether the lizard could be a defective product in a treatise or practice book.

Ohio Consumer Law Manual sec. 17.06

Oh Jur 3d Products liability, sec. 2

Ernst Tort Law Section 6:16

9. Find a controlling case: Malicki v. Koci 121 Ohio App 3d 723 (1997)

10. What key number/digest topic is applicable? Products Liability Key 120

OHIO PRINT RESEARCH PROBLEM

Professor Glassman’s Legal Writing Class 2010

YOUR NAME:________________________________________________

SPEEDY TRIAL PROBLEM:

Kenny Davis was arrested on Jan 17, 2010 for the possession of over 20,000 grams of marijuana, a second degree felony. He was released on bail. Davis filed a motion to suppress, claiming that police discovered the marijuana during an illegal search of his home. On Sept. 17, 2010, Davis filed a motion to dismiss, because the case had not yet gone to trial, in violation of his speedy trial rights. The prosecution asserted that the time the defendant’s motion to suppress was pending had to be excluded from the speedy trial time. Does the motion to suppress toll the speedy trial time?

_In general, the answer is yes, but it depends on whether the motion was pending for a reasonable length of time. If it was not a reasonable time, less than the actual time may be excluded. Also, there may be circumstances where it is not tolled, for example if the motion to suppress was filed for a different offense, and the defendant was subsequently indicted for the offense in question see State v. Homan (2000), 89 Ohio St.3d 421, cited in ORC).___________________________________________________

Find (not necessarily in this order – you may want to start with practice book or encyclopedia rather than the statutes – it is up to you).

1. Relevant Statutes: _____2945.72(E)__________________________________________________

2. Applicable Encyclopedia or Practice Book Section:

__ Katz gianelli - 60:12 (look under right to speedy trial, defense motions or other actions in the index), ____

OHJUR CRIMLAW Section 2841, (look under speedy trial, suppression of evidence motion)_______________________________

3. A West Digest Key Number on point to the issue: _Criminal Law__110k577.10(8).  ___(speedy trial – causes of delay – acts of defendant_____________________________

4. A relevant case. How did you find the case? Notice the headnotes at the top of the case, do the headnotes include the key number you found?

_Lots of possibilities:_State v. Sanchez  110 Ohio St.3d 274, 853 N.E.2d 283 (Ohio,2006) (digest) ; State v. Walker (1974), 42 Ohio App.2d 41 (from Ojur); State v. Stamps (1998), 127 Ohio App.3d 219_(digest)_____________________________

5. Time permitting, find a law review article about Ohio’s Speedy Trial Statute:

_Page’s ORC does not cite a law review article under ORC 2945.71 or .72. Baldwin’s cites many, all mid to late 70s. ________________________________________

OHIO PRINT RESEARCH PROBLEM – TEACHER EDITION

Professor Glassman’s Legal Writing Class 2010

YOUR NAME:________________________________________________

SPEEDY TRIAL PROBLEM:

Kenny Davis was arrested on Jan 17, 2010 for the possession of over 20,000 grams of marijuana, a second degree felony. He was released on bail. Davis filed a motion to suppress, claiming that police discovered the marijuana during an illegal search of his home. On Sept. 17, 2010, Davis filed a motion to dismiss, because the case had not yet gone to trial, in violation of his speedy trial rights. The prosecution asserted that the time the defendant’s motion to suppress was pending had to be excluded from the speedy trial time. Does the motion to suppress toll the speedy trial time?

Find (not necessarily in this order – you may want to start with practice book or encyclopedia rather than the statutes – it is up to you).

1. Relevant Statutes:

_______________________________________________________

2. Applicable Encyclopedia or Practice Book Section:

___________________________________________________________________

3. A West Digest Key Number on point to the issue:

______________________________________________________________________

4. A relevant case. How did you find the case? Notice the headnotes at the top of the case, do the headnotes include the key number you found?

________________________________________________________________________________________________________________________________________________________________________________________________________________________

5. Time permitting, find a law review article about Ohio’s Speedy Trial Statute:

________________________________________________________________________

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