FACTS

Mike Miller ("Mike") owns and operates the Fast and Easy Print Shop, a commercial printing and mail order business near Warrenton, California. Fast and Easy Print Shop is located in a two-story building. The first floor is about 1,500 square feet and consists of a customer area where customers enter and are waited upon by employees at the counter. In the customer area, there are public restrooms. Behind the counter, there are the printing presses, and other equipment. At the back of the first floor, there is a door, which allows employees to exit the building from the rear. Outside this back entrance, there is an employee parking lot.

The second floor has about the same square footage as the downstairs. The upstairs contains a two-bedroom apartment. Mike usually stays here at least two to three nights a week because of the work load. Mike uses one of the bedrooms as his office. In his office within the apartment, there is a 3D printer.

Fast and Easy Print Shop is open six days a week from 8:00 a.m. to 6:00 pm. During the day, there are three to five to ten employees working. Mike is generally there during those hours plus after closing. Last month, Mike closed the business at 6:00 pm and went out for a bite to eat. He was planning on going back to do more work and stay overnight. While Mike was at dinner, Ed Morris ("Ed") thought that the Fast and Easy Print Shop had closed for the day, and he knew that it kept a 3D printer on the second floor. Ed figured he could load it onto his truck and be gone before the police arrived. Ed was able to unlock one of the windows on the first floor. Unbeknownst to Ed, his entry into the apartment tripped the burglary alarm. As he was exiting with the 3D printer, the police arrived and arrested him. Ed was charged with first-degree burglary because the prosecution contends that the building is an "inhabited dwelling." For the purposes of this assignment, you are to assume that the building constitutes an "inhabited dwelling." The issue is whether or not Ed's ignorance that this building was inhabited dwelling would constitute an affirmative defense.

Use the applicable Witkin treatise to research the meaning of "inhabited dwelling." Please find the section of this Witkin treatise, which addresses the issue of an affirmative defense in connection with the burglary of an inhabited dwelling? Please cite this applicable section in accordance with the California Style Manual as it would appear in parentheses.

Answer:

Use the section, which you found in the question 1, and please provide the case, which addresses the issue of an affirmative defense in connection with the burglary of an inhabited dwelling. You should use the official reporter, and the citation should be in accordance with the California Style Manual as it would appear in parentheses. Answer:

Please key cite this case. Has this case been overruled?

Answer:

SECOND LEGAL RESEARCH PROBLEM

Cheryl was shopping at a large retail establishment in Southern California and was leaving the store when the owner of the store detained her as she about to exit the store.The owner had been watching video screens of the store and suspected Cheryl of shoplifting. According to the store owner, he made his request privately and did not shout or raise his voice. She followed the owner as he escorted her to a private conference room at the back of the store. He told her he would be right back.When the owner returned to the conference room, he told her that she could go. Cheryl has filed a civil action for false imprisonment and alleges that she has suffered severe anxiety because of the incident. The store owner has sought advice of how to defend against this lawsuit.

Please use the California Civil Jury Instructions on Westlaw ("BAJI"). Find the jury instruction that provides for the elements of false imprisonment. Your answer should provide the specific section number of BAJI. It does not require that the citation be in accordance with the California Style Manual. Answer: BAJI No.

Please review the Use Note section of that jury instruction, which you provided in your answer to question one. Please find the case that was decided in 1951 in which the court determined that a plaintiff can recover even if there has been no physical or monetary harm. Please cite this case using the official reporter in accordance with the California Style Manual as it would appear in parenthesis.

Answer:

Please key cite this case. Has this case been overruled? Answer:

California statutory law provides that a merchant has right to detain someone if the merchant suspects the person has stolen property of the store. Assume for the purposes of this question that there is no factual dispute regarding whether the owner had probable cause to detain Cheryl. Please use the California Civil Jury Instructions on Westlaw ("BAJI") to find the jury instruction regarding the owner's right to detain Cheryl if suspected of shoplifting. Your answer should provide the specific section number of BAJI. It does not require that the citation be in accordance with the California Style Manual. Answer: BAJI No.

In the Comment section of the jury instruction, which you provided to answer 4, please find the California statutory law, which sets forth a merchant's right to detain a person suspected of shoplifting. Please go to this statutory section and review the Citing References. Please locate the most recent California published case in which this statutory section is discussed. Please use the official reporter and cite this case in accordance with the California Style Manual as it would appear in parenthesis.

Answer:

Please key cite this case. Has this case been overruled? Answer:

Please use the case that you provided in your answer to question 5. What headnote of this case references California statutory law, which provides that a merchant has right to detain someone if the merchant suspects the person has stolen property of the store? Answer:

THIRD LEGAL RESEARCH PROBLEM

Please locate the following out-of-state case from Westlaw: Kellermann v. Car City Chevrolet-Nissan, Inc. (1999) 713 N.E.2d 1285. Look at headnote 6 of the Kellerman case. What is the key topic? Answer:

What is the key number of that key topic for headnote 6? Answer:

Use that Key topic and key number from the Kellerman case to find the most recent published California state case. You should use the official reporter, and the citation should be in accordance with the California Style Manual as it would appear in parentheses. Answer:

Please key cite this case. Has it been overruled? Answer:

For this question, please use the California court case that you located in question 3. What is/are the headnote number(s) that reference(s) that key topic and key number. Answer:

FOURTH LEGAL RESEARCH PROBLEM

Please locate this case: 542 F.2d 527. Please cite this case in accordance with theCalifornia Style Manual as it would appear in parenthesis. Answer:

Please key cite this case. Has this case been overruled? Answer:

Use the case that you provided in question 1, and review the Citing References. Please find the Minnesota Law Review article that was published in 1986. Please cite this law review article in accordance with theCalifornia Style Manual as it would appear in parenthesis. For purposes of citation, Minnesota is abbreviated as follows: Minn. Answer:

In what footnote is the case from question 1 cited in this law review article? Answer: