Reference no: EM133812631

Question

Legal Research, Analysis, and Writing read Chapter 9: Legal Analysis - Key Facts The following is the hypothetical situation presented at the beginning of chapter 9. Alice was a new paralegal in a law firm and was paired with veteran paralegal Karen. Karen did an initial interview with a client, Mr. Aper, and Alice sat in on the interview to observe the process and gain experience. After the interview, Karen told Alice, "I'm going to prepare a summary of the interview, then prepare a list of the potential issues. I want you to identify the key facts that should be included in the statement of the issues." Alice's notes of the interview indicate that Mr. Aper owns a 1,000-acre farm on the outskirts of town. He has lived on the farm for the past 20 years. About 200 acres of the property are forested, and deer frequent the forest. Mr. Aper does not allow hunting on his private property and has fenced and posted the property. One day, two weeks ago, Mr. Aper noticed a new path entering the forested portion of the farm. Someone had removed part of the wood fence surrounding the forest and clearly entered the property several times. He followed the trail and found several small pine trees cut down and a crude lean-to constructed from the trees. In front of the lean-to was a small fire pit where there had been a fire quite recently; the coals were still warm. Some of the wood removed from the fence was still smoldering in the fire. Mr. Aper got up early the next morning, before dawn, and watched the lean-to from a hidden spot in the bushes. Shortly after sunrise, he saw his neighbor, Eric Rascon, come down the trail carrying a hatchet and loaded down with hunting gear. Eric proceeded to start a fire with wood from the fence and some old tree branches and cut down another small tree and add it to the lean-to. Mr. Aper stepped out from behind the bushes and confronted Eric. "What are you doing here? You know you can't hunt here. You can't cut down trees on my property. Get off my property!" Eric angrily replied, "I'll leave, but I'll be back and start again; you can't watch this forest every hour of every day." Eric then left. Using the hypothetical above, complete the chart below based on the four steps provided in the textbook. The cause of action is trespass to land and the elements are (1) unauthorized intrusion onto the land; (2) in possession of another, (3) intent to intrude, and (4) causation of intrusion. Key facts: unauthorized intrusion onto the land Key facts: in possession of another Key facts: intent to intrude Key facts: causation of intrusion Background facts: Irrelevant facts: