Is the landlord responsible for repairs to the common area hallway, where he retains control

SEQ CHAPTER \h \r 1Legal Research

SECONDARY AUTHORITY ASSIGNMENT

TO COMPLETE THIS ASSIGNMENT SUCCESSFULLY, YOU MUST:

1. Work with a partner on research, answers and citation form for Questions Nos. 1-3.

2. Work alone on Question No. 4, but follow all other instructions provided.

3. Answer all questions including subparts.

4. For Questions 1-3, you and your partner will jointly submit the following documents:

(a) a full “Paper Trail” that led you to your answers;

(b) a Handwritten Answer Sheet, reflecting the handwriting of both partners, where you will finalize your answers (do not collaborate with anyone other your partner on this answer sheet);

(c) a Final Answer Sheet typewritten on a separate piece of paper; and

(d) a complete and accurate Library Log including the names of any fellow students with whom you consulted on specific library problems.

5. Be sure that you do not divide up the problems. The handwriting of both partners should be on the Paper Trail as well as the Handwritten Answer Sheet.

6. Be sure to update all of your answers using pocket parts and supplements where appropriate; notes on this updating should be included in your Paper Trail. Note that answers to some questions may be found in pocket parts or supplements.

7. Each question counts 25%. Within each question, Paper Trail, correct answer, and citation form are counted.

CAUTIONARY NOTES REGARDING THE PAPER TRAIL:

1. A poor Paper Trail will result in the loss of at least ½ credit for a problem.

2. You should not type, rewrite, or otherwise sanitize your Paper Trail. I must see how you arrived at your answers.

3. Everything on your Final Answer Sheet should be included in your Paper Trail.

4. You may choose to use some photocopies in your Paper Trail, but photocopies do not replace the Paper Trail. If you use photocopies, you must (a) mark the section of the photocopies that you have used AND (b) reference the photocopies at the appropriate place in your Paper Trail. Note that photocopies are sometimes helpful in gaining partial credit where an answer is wrong, as they enable the professor to understand why you selected a particular answer.

5. You should paper clip NOT staple your paper trail to your answer sheet.

CAUTIONARY NOTES REGARDING CITATION:

1. All final answers should be in correct citation form using the New Jersey Manual on Style for Judicial Opinions (“MOS”). Where the MOS is silent, you should use The Bluebook: A Uniform System of Citation (19th ed.) especially for Question No. 4.

2. For ALL questions, you are expected to cite correctly to all secondary authority.

3. When asked to provide citations to cases (primary authority), you are only expected to use the material available in the secondary authority where the cases are cited. The citation information provided for cases in secondary authority is often incomplete, but you do not need to look up the actual case or provide any information beyond what is provided in the secondary authority.

4. If your answer is found in the pocket part supplement, your citation should reflect the year of the supplement, for example (Supp. 2014). If you needed both the volume and the supplement for your answer, you should put (1999 and Supp. 2014). In any event, your paper trail should include mention of the year of the main volume, for example –Landlord and Tenant- 2009. Answer found in Supp. 2014.

GENERAL INSTRUCTIONS:

1. For this assignment, you are not required to look up New Jersey law or that of any particular jurisdiction, unless specifically instructed to do so.

2. Begin each answer with a “yes” or “no”, followed by a brief (one or two sentence) answer to the question, followed by the citation to your source in proper form. Note, however, that the correct citation is more important than the information in your answer.

3. The proper TOPIC NAME used for Questions Nos. 1 and 2 is the overall topic found before section 1 of the topic that you are viewing. The topic to be used in the proper citation is not necessarily the same as the topic(s) on the spine of the book where you find your answers.

4. Be sure that all of information found on your answer sheets, whether handwritten or typed, is also found in the paper trail. Points will be lost if anything on the answer sheet is not found in the paper trail. It is not sufficient to copy something onto an answer sheet. Filling in the answer sheet is done after you have done all of your research by hand in the paper trail. Thus EVERYTHING is to be found in the paper trail.

5. DO NOT provide alternative answers. Give only one answer for each problem. Points will be lost if you provide more than one answer. You need to choose the answer that you find most correct. In some cases, there are hints, such as where you are told that a case is found in the same section that you are looking at for a prior question. This should tell you which section to choose for your answer.

QUESTION NO. 1 – AMERICAN JURISPRUDENCE 2d:

Your law firm has been retained to defend Mrs. Dolores Assaulted. Her husband had routinely beaten her. He beat her when he was angry; he beat her when he thought that she did something wrong; he beat her so that she would respect him. During one such beating, she grabbed a heavy marble statue, and threw it at Mr. Assaulted’s head, killing him.

Your supervising attorney has asked you to conduct research in the Legal Encyclopedia, American Jurisprudence 2d, and answer the questions below. She has cautioned you (1) answer each question using proper citation form and (2) you should cite to a different section [and possibly a different topic] for the answers to 1(a) (1), 1 (a)(2) and 1(b). Note, however, that you select one topic and section as the answer to each question; it is simply not the same section as in the other answers. Your supervising attorney has also reminded you to select with care the proper name of the topic used in citing your answer. As you research, the supervising attorney has reminded you that some key words to help with your research are: * criminal law * self defense * wife beating * battered woman’s syndrome.*

1(a)(1): Can Mrs. Assaulted claim battered woman’s syndrome as a defense?

1(a)(2): (i) Provide the citation from the text for a 2009 case about duress on the topic of: “Requirement that defendant lack alternative course of action or opportunity to escape danger.”  Copy the citation for the case exactly as written. [Note: this case is about duress but not specifically related to battered woman’s syndrome .It is found in a different section than the section used for 1 (a) (1).]

(ii) Where did you find this case? Provide the full citation to the location in

American Jurisprudence 2d.

1(b): Can the defense use an expert witness to support Mrs. Assaulted’s claim of battered woman’s syndrome?

QUESTION NO. 2 – CORPUS JURIS SECUNDUM:

Your law firm has been retained by Ms. Nell Tenant who is being threatened with eviction by her landlord, Mr. Sneedly Ignoreher. Ms. Tenant had been very upset about conditions in her building. There were issues of safety, rodents, and unsafe common area hallways. She repeatedly informed Mr. Ignoreher and requested repairs, but to no avail. One evening, Ms. Tenant tripped and fell in the common area hallway because Mr. Ignorher had not replaced the broken hall light. At that point, Ms. Tenant complained to the proper authorities about the code violations. The next month, Mr. Ingnoreher informed Ms. Tenant that she needed to find another place to live by the end of the month.

Your supervising attorney has asked you to conduct research in the legal encyclopedia, Corpus Juris Secundum, and answer the questions below. He has cautioned you (1) answer each question using proper citation form and (2) you should cite to a different section [and possibly a different topic] in the answers to 2(a) and 2(b). Note, however, that you select one topic and section as the answer to each question; it is simply not the same section as in the other answers. Your supervising attorney has also reminded you to select with care the proper name of the topic used in citing your answer. As you research, the supervising attorney has reminded you that some key words to help with your research are: *landlord-tenant law * repairs and maintenance * premises liability * common areas * retaliatory eviction.

2(a): Is the landlord responsible for repairs to the common area hallway, where he retains control?

2(b)(1): Is the landlord within his rights to use retaliatory eviction because she complained to the authorities about code violations after she requested that the landlord fix them?

2(b)(2): (i) Cite a case discussed in this same section of C.J.S. that discusses how one defense was developed to assure tenants a safe and sanitary place to live. Copy the citation for the case exactly as written in the text.

(ii) Where did you find this case? If your answer is a footnote, provide the page

number and the footnote number.

QUESTION NO. 3 – TREATISE:

Dan Dobbs, together with several other authors, has written a FOUR-VOLUME Practitioner’s Treatise on Tort Law. Locate the section dealing with defense of property using unattended devices such as spring guns.

3(a): Provide the full citation to this section of the four-volume treatise.

3(b): Locate and provide the complete and proper citation for the page within this section that discusses the most famous American case on this topic, where the plaintiff intruder was allowed to recover damages for his injuries.

3(c): Locate and provide the full citation (copy from the text) for the case. Where did you find the full citation to this case? If your answer is a footnote, provide the page number and the footnote number.

QUESTION NO. 4– LEGAL PERIODICALS-LAW REVIEW ARTICLE, NOTE, OR COMMENT

Note: You should include a paper trail for questions 4 (a) and 4 (b).

Question 4(a):

(1) Consult the Index to Legal Periodicals and Books (1994-present) to find one LAW REVIEW [or LAW JOURNAL] article, note, or comment dealing with a topic of your choosing in either of the following areas:

(a) Landlord and tenant (for example: premises liability, warrant of habitability, retaliatory eviction, rights of the tenant or landlord); or

(b) Criminal Law (battered spouse syndrome, use of expert witnesses, self-defense in murder cases).

(2) After you find the Law Review article in the Index, locate the journal. Provide the full citation for the law review article from the journal. Be sure to use a journal that is available in Sprague Library either in hard copy or in microfilm. Do not use the Internet to find other journals.

Caution: (i) you may have to look in a number of volumes of the Index before finding your articles, as each index volume covers a limited time span; and

(ii) Be sure to use Table T. 13 of the The Bluebook in order to properly abbreviate the periodical.

(3) Photocopy the following:

(i) the page of the Index to Legal Periodicals and Books where you located your article. Mark (with a box) and highlight the references to the journal article that you have selected;

(ii) the Table of Contents page of the journal [not the table of contents page for the article]; this page will indicate whether your selection is an “article”, a “note”, a “comment”, etc. [Hint: Also, be aware of whether the author of your article is a student. This may make a difference in your citation form.] Highlight your article;

(iii) the first page of your article;

(iv) the page of the article that mentions the author’s full name (if not included on the first page). If there is no mention of the author’s name, photocopy the last page of the article to indicate that there is no mention.

(4) Your Paper Trail for 4(a) should include all photocopies.

(5) Select your article individually, by yourself. Do not choose the same articles as your classmates.

NOTE: In using journals available at Sprague Library, you may want to select relatively recent issues, as earlier issues are on microfilm. Among the journals available in Sprague Library are: Cornell Law Review; Emory Law Journal; Harvard Law Review; Rutgers Law Journal [Camden School of Law]; Rutgers Law Review [Newark School of Law]; Seton Hall Law Review; Seton Hall Legislative Journal; Yale Law Journal.

Question 4(b):

(1) After completing your search, find and correctly cite a section of American Jurisprudence 2d related to the area of law selected for question 4(a).

(2) Be sure to include the Paper trail for how you found your section and to update your choice.

(3) Your selected area of law must be different from the sections chosen for Questions Nos. 1 and 2.

(4) Be sure to photocopy the first page of your selected Am. Jur. 2d selection.

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