ESSAY QUESTION.

1.         Mike and Donna entered the Shorecliff Pharmacy just before closing time to           steal money and narcotics. While Mike ransacked he store, Donna took the           proprietor, Fred, outside. Donna pointed a gun at Fred to persuade him to reveal the location of valuables, but the gun accidentally discharged,      wounding Fred. Donna dropped the gun and fled the scene on foot, but she            was arrested the next day. Mike ran outside, saw Fred bleeding profusely, and           picked up Donna’s gun. As he drove away at high speed, Mike accidentally           struck and ran over Fred. Fred’s gunshot wound was not serious, but he died   from the injuries sustained from being run over by Mike.    

            A neighbor called the police and reported that he had heard a gunshot. He also        reported that he had seen a dark blue car speed away from the pharmacy.       Police saw Mike’s car speeding two blocks from the pharmacy. The police            stopped Mike’s car speeding two blocks from the pharmacy. The police             stopped Mike’s car for speeding and to investigate if he was involved in the           shooting. When an officer asked Mike where he had been that afternoon, Mike        hesitated and looked unusually nervous. The officer ordered Mike out of the          car. As Mike got out, the officer noticed a bulge in Mike’s pocket. The officer             reached into the pocket and pulled out Donna’s gun. Mike was immediately           arrested.

            The next day Mike’s car was towed to the station and searched. Under the             front seat, police found a Shorecliff Pharmacy envelope filled with drugs       taken from the robbery at the pharmacy. When Officer Bill showed the      envelope to Mike (who was then in a holding cell), Mike blurted out, “Donna    was the one who did the shooting.” 

            When Donna was interrogate, she asked for a lawyer. Before a lawyer arrived,

            Donna was interrogated further and admitted her part in the events.

            Mike and Donna were indicted for the murder of Fred. Separate trials were             ordered at the request of each defendant. Mike testified against Donna at her   trial.

            On appropriate motion, which (if any) of the following items of evidence   should be suppressed at Donna’s trial?

            1. The gun taken from Mike’s pocket (5 pts).

            2.  The Shorecliff Pharmacy envelope and contents taken from Mike’s car

                 (5 pts)

            3. Mike’s statement (5pts)

            4. Donna’s admission (5pts)

Multiple-choice questions:

1.     In a tort action based on defamation, a defendant may plead

A.   An absolute privilege if (s) he is a former employer asked by a prospective employer for information about the plaintiff’s character.

B.    A conditional privilege if (s) he is a witness called to testify about the plaintiff in a suit to which the plaintiff was not party.

C.    A constitutional privilege if (s) he is a public figure.

D.   The truth of the defamatory statement even though it was uttered with malicious intent.

2.     Without permission, Olivia drove Portia’s car to the beach. Before returning the vehicle later the same day, Olivia scraped it against a pole, causing minor damage to the fender. Olivia will be liable to Portia on the theory of

A.   Conversion, for the actual damage.

B.    Conversion, for the full value of the property.

C.    Trespass to personal property, for the full value of the property.

D.   Trespass to personal property, for actual damages.

3.     DeAnn is defendant in a suit brought for trespass to real property. She will most likely prevail in which situation?

A.   The limbs of a tree on DeAnn’s land extended over the boundary line into the air above Bonita’s property.

B.    While walking on her own wooded land, DeAnn became lost and walked onto Neighbor’s land.

C.    Mike showed DeAnn over a fence and into Irv’s yard.

D.   DeAnn dug a tunnel from her house, under Larry’s land to Gary’s property.