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Simple English definitions for legal terms

Trespass

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A quick definition of Trespass:

Trespass is when someone goes onto someone else's property without permission. This can be intentional or accidental. There are different types of trespass, such as trespass to land, trespass to chattels, and trespass to conversion. If someone trespasses, they can be held responsible for any damage they cause. However, there are some situations where trespassing is allowed, such as in an emergency. If someone is hurt while trespassing, the property owner may or may not be responsible, depending on the circumstances.

A more thorough explanation:

Trespass is when someone knowingly enters another person's property or land without permission, which violates the owner's privacy or property rights. There are many laws related to trespass.

Trespass to Land: This occurs when someone physically invades an owner's real property or causes an object or a third person to invade it without permission. The intent to enter or remain on the land is required, regardless of whether the trespasser knows the land is owned by someone else. The owner does not need to prove actual damages, even a nominal damage claim is permissible.

Trespass to Chattels: This occurs when someone intentionally deprives or prevents someone else's right to use their legally possessed personal property. Actual damage is required to cover the cost of repair or loss of rental.

Trespass to Conversion: This is a more serious interference than trespass to chattels. The trespasser totally controls or destroys the chattels, and the possessor's interests are harmed to such an extent that the trespasser may be required to pay the full value of the chattel. Mistakes of ownership or lawfulness of the trespasser's actions cannot be defenses.

Necessity: This is a defense to property torts, but it is not absolute. The defendant is protected by the privilege of private necessity to enter the plaintiff's property if it is necessary to protect themselves, a third person, or their or the third person's property from serious harm, and there is no less-damaging way. The defendant is not liable for any nominal or punitive damages. If there are actual damages, the defendant must pay for the damage they caused.

Liability: A landowner has the privilege to use reasonable force to stop a trespasser's entry onto their land. But if the landowner causes serious injury to the trespasser who does not threaten the landowner with harm, the landowner will be liable for the trespasser's injury. An owner is usually not liable to a trespasser who gets injured on their land, as they have no liability to exercise reasonable care to make their land safe for trespassers. However, there are exceptions, such as if the landowner creates artificial conditions that are highly dangerous to anticipated kids trespassing.

Larceny: Trespass is an element of larceny, which means a defendant unlawfully takes away someone's personal property with the intent of depriving them permanently at the time of taking.

Robbery: Robbery also includes trespassory taking and carrying away someone else's personal property by force or threat of immediate physical harm in that person's presence.

Property: Adverse Possession: To start the statute of limitation period, the possessor should actually trespass. The statute of limitation time period does not stop running until the owner brings a suit for trespass or ejectment, while a temporary reentry by the owner is not enough to stop the statute of limitation from running.

For example, if someone enters their neighbor's backyard without permission and starts using their pool, they are committing trespass to land. If someone takes their friend's bike without permission and damages it, they are committing trespass to chattels. If someone breaks into a store and steals all the merchandise, they are committing larceny, which includes trespass. These examples illustrate how trespass can be intentional and harmful to the owner's property interests.

Treble damages | Trespass to Chattels

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16:14
Justice as Fairness!
16:14
also wow I didn’t consider that about immigration policy. hmmm
16:17
@Law-Guy: you get it
16:19
@baddestbunny: oh yeah definitly. Idk how any system of government would work if you can't distribute social goods to everyone.
MildChiller
16:33
does anyone know if the Yale webinars are cameras on?
1a2b3c4d26z
16:35
Justice as deez!
17:49
Quentin Tarantino is interested in watching somebody’s ear getting cut off; David Lynch is interested in the ear.
18:03
Quentin Tarantino can't resist putting a gay scene with a black guy participating in the gay act in his movies.
18:05
David Lynch is just gay.
18:18
Lynch is more in touch with his unconscious/dream state than the average person
18:42
Probably. I just dont know. All I know is he did a good job with Dune.
18:45
You should watch Blue Velvet
18:46
How’s your LSAT studying been going?
18:49
It is good. I have about two more weeks and I broke the 90 level on LSAT Demon which is good last night. My goal is 95 so I can probably get it before I test. It is scaled our of 100. This is for LR. My RC is below that but I know the more I get better at MBT questions the better my RC becomes.
18:50
I watched the trailer for that movie. The run time is 2 hours. May watch it on 2x the speed. Just watched se7en and thats like as graphic as I get so I kinda need a break from weird bodyhorror stuff. The sloth guy in that movie scared me.
18:51
I do like psychological horror though.
18:53
Oh jesus don’t watch the movie at all if you’re gonna watch it on 2x speed
18:54
I have never used lsat demon; how do their levels relate to actual lsat scoring?
18:56
kinda go in 20 point intervals. 20 points if you have mastered lvl 1 difficulty questions, 100 points if you have mastered lvl 5.
18:56
Getting 100 points is incredibly difficult though. anything baout 95 is pushing the 175-180 range. 90-95 is like 170-174 or so. etc.
18:56
yeah but if you’re getting a 95 on all sections what LSAT score is that? how is that calculated?
18:56
oh okay
18:57
so 100 would be a 180?
18:57
Yeah, 100 is like you would get a 180 and there's nothing more to teach you. I have only seen someone with a 100 like 2/3 times.
18:57
are you taking practice tests that are being scored though?
18:57
or just drills
18:57
Yep, they get factored into it.
18:58
I do drilling essentially every day. A timed section every 3, and a test every 2 weeks.
1a2b3c4d26z
20:06
re: WashU's URM lsat differential - fair to chalk that up to LSAT redaction weirdness messing w the scale or are they generally starved for URMs
1a2b3c4d26z
20:07
And an (albeit negligible) inverse URM GPA differential
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