In response to a number of accidents involving pedestrians in the local business district, City enacted a statute making it illegal for a pedestrian to walk through the City’s central business district anywhere other than on the sidewalk. City also enacted a statute making it illegal for any business to obstruct the sidewalk in front of its establishment. Turner was walking along the sidewalk in the central business district on his way to lunch. Turner discovered that Loader had stacked a pile of boxes in front of his establishment, in such a way that it totally obstructed the sidewalk. Turner stepped into the street to walk around the obstruction of boxes. While in the street, Turner was struck by a taxi cab, negligently driven by Cabbie.
If Turner asserts a claim against Cabbie, Turner’s act of leaving the sidewalk and walking into the street will have which of the following effects?
A. It will bar Turner’s recovery as a matter of law.
B. It will bar Turner’s recovery unless Cabbie saw Turner in time to avoid the impact.
C. It may be considered by the trier of fact on the issue of Cabbie’s liability.
D. It is not relevant in determining the rights of Turner.
A high school principal was alerted by police that there was a substantial amount of crack cocaine being sold and used at the school. He therefore ordered that every candidate for a sports team at the school submit to a drug test before becoming eligible to play, and ordered random searches of student lockers at the school.
A basketball star, who had no record of drug use or possession, declined to take a drug test and brought suit to compel the school to permit him to play on the basketball team. The trial court denied relief, and the basketball star appealed.
When the school officials made a random search of the school lockers, they found small quantities of crack cocaine in the locker of a student, and he was charged with unlawful possession of the substance. The student made a motion to suppress the evidence of crack cocaine. The trial court denied the motion. The student was subsequently convicted and appealed.
The appellate court should decide in favor of:
A. The basketball star, but not the student.
B. The student, but not the basketball star.
C. Both the student and the basketball star.
D. Neither the student, nor the basketball star.
A mother, the owner of the family homestead, planned to retire to a warmer climate. She had two children, a daughter and a son. The mother executed a deed of the homestead and delivered it to her daughter. In addition to a description of the property, the deed contained the following language: “Grantee, by acceptance of this deed, agrees to provide a bedroom in the property known as the family homestead for the use of my son during his lifetime.” The mother died soon after moving, leaving her entire estate to her daughter and son in equal shares. The son, upset by his mother’s death, sank deep into alcoholism. The daughter, unwilling to tolerate the son’s behavior, prohibited him from entering the homestead.
The son then brought a suit against the daughter to establish a one-half interest in the homestead.
In that lawsuit,
A. The son will prevail, because the daughter breached her contractual obligation to him.
B. The son will prevail, because the condition in the deed to the daughter was broken.
C. The daughter will prevail, because the mother retained no interest in the homestead.
D. The daughter will prevail, because the son’s conduct terminated the rights he had to an interest in the homestead.
