Question
---Tom is flying his new helicopter over the land of Barry, his neighbor. Barry does not like the noise of the helicopter as he believes
---Tom is flying his new helicopter over the land of Barry, his neighbor. Barry does not like the noise of the helicopter as he believes that it scares his cow. Barry files a lawsuit against Tom for intentional trespass to his land. Which is true?
-Barry has a valid cause of action for intentional trespass, because he owns his land up to the heavens.
-Barry has a valid cause of action for intentional trespass, because Tom intentionally flew his aircraft over Barry's land.
-Barry does not have a valid cause of action for intentional trespass, because Tom did not intend to invade his land.
-Barry does not have a valid cause of action for intentional trespass, unless Tom is flying so low as to interfere with the reasonable use of airspace over his land.
---James and Michael get into an argument. James is a former professional boxer and has a terrible temper. Michael insults James and James loses his cool. James assumes a boxing stance and throws a right hook at Michael, barely missing Michael's nose. Which of the is true?
James has committed an assault but not a battery.
James has committed a battery, but not an assault.
James has committed an assault and battery.
None of the above.
---At the end of a beauty pageant, the winner and the runner-up were standing side by side. As the winner was preparing to make an acceptance speech, the runner-up made a crude and insulting comment under her breath regarding the winner. In anger, the winner pushed the runner-up and she fell off the stage. If the runner-up brings an action for battery against the winner, who will prevail?
Winner, because she was reasonably provoked by the runner-up's insult.
Winner, because a push in such a circumstance cannot be considered offensive contact
Runner-up, because the winner intentionally caused an offensive contact
Runner-up, but only if she is injured by falling off the stage
---The Alien Tort Claims Act confers jurisdiction only over suits by aliens and is inapplicable to suits by U.S. Citizens.
True
False
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