Tresspas

THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT, DIVISION ONE

SHREK, THE OGRE )

Plaintiff and Respondent, )

) Case CJ — 2012-1014

FAIRYTALE CREATURES and LORD FARQUAAD )

Defendant and Appellant )

STATEMENT OF FACTS

Shrek the Ogre has for a fair amount of years, owned a property near the swamps — a place more or less undesirable by the rest of the community of the town. He has lived a quiet existence, keeping out of everyone way, and in this regard has been a model citizen. He has made the claim on the property known in no clearer terms by posting signs which indicate that the property belongs to him, and any intrusion of any sort would not be appreciated. He stresses a great deal of importance for the need of privacy and therefore prefers this seclusion.

The sudden injection of the fairy land creatures to this part of the town and on the property of Shrek the Ogre has caused considerable harm to him and violates his rights. The property has been designated as the resettlement facility, as per the claim being made by the fairytale creatures. They claim that they were not invited and didn’t want to come to the swamp even, in the first place; instead they were made to come there by Lord Farquaad. They were given no choice, and are in a fact the victim themselves in this situation. Shrek the Ogre claims that this is trespassing, since no one had sought his consent in any way for the use of his swamp. The fairytale creatures have testified that this is not trespassing since they never had any intention of stepping on the Ogre’s property but were forcefully evicted, and therefore their intention needs to be considered firstly in this case.

Lord Farquaad himself does not deny that he took these actions, but backs them with the theory that they were done in the interest of the community and the greater good. For him the removal of the fairytale creatures does conform to the standard of being considered as the greater good. He considers them evil and therefore the best course of action, as per him, is the restraining of these creatures in a secure facility, where a look can be maintained upon them. It is for this purpose that the chose the site of the swamp, which as per him, would serve in the public interest. He has sought the counsel of his Courts and Noblemen, which is as close as a Congress form that he has, and it is upon their decision and advice that he has acted. Therefore, there is no question of acting out on the basis of self-interest.

ARGUMENT AND AUTHORITY

FAIRYTALE CREATURES HAD NO INTENTION OF TRESSPASSING, AND WERE FORCED UPON THE LAND, THEREFORE THEIR ACTIONS CANNOT BE CONSIDERED “WRONG”

The Elements of the Action. A trespass is considered to have occurred when a person intentionally, recklessly or negligently enters land in the possession of another. (Gallin v. Poulou (1956) 140 Cal. App. 2d 638, 645) (Gallin v. Poulou). But the defendant’s intrusions are not of any possessory kind. (Halperin v. Pitts (2011)) (Halperin v. Pitts). However, for the greater good of the community and for redevelopment purposes the Government does have the right to occupy private property. (Kelo v. City of New London, 545 U.S. 469 (2005)) (Kelo v. New London). This act was in consent with this Governors and Court members and therefore didn’t imply any wrong doings on his part. (Youngstown Sheet & Tube Co. v. Sawyer, 343, U.S. 579 (1952)) (Youngstown Sheet and Tube Co. v. Sawyer).

Lord Farquaad Actions is not reflective of the Fairytale Creatures Intention. The fairy tale creatures are making their argument by giving a detailed account of the events which have led to their eviction and finally finding themselves on the private property of the Ogre. They claim that since there actions do no imply as trespassing, since they didn’t have any intention of doing it.

Furthermore, they claim that it is the actions of Lord Farquaad, which should be taken into account. His actions stem from his dislike of the fairytale creatures and therefore planned to remove them from the surrounding of this own constituency and resettle them far away. It is for this purpose that he had selected the swamp.

The fairytale creatures knew that this was a private property but they were forced onto the land, whose status had been changed by Law and Lord Farquaad as that of a “Resettlement facility.” As per this new designation of the land in discussion, there is no claim against them, since their actions do not conform to any of the clauses that have been mentioned as a must for being considered an act of trespassing.

Lord Farquaad however is of the opinion, that since the land is for the greater good of the community, as it would control the fairytale creatures, therefore, he has done nothing wrong. More so, he had consent from his court and as per that he has exercised his right only and that too within the jurisdiction of the Constitution.

CONCLUSION

The case should be heard separately, against the Fairytale creatures and that against Lord Farquaad. There is no evidence which indicates that the Fairytale creatures were in the wrong. And by extension, their actions are only the reflection of what Lord Farquaad had ordered.

DETAILS OF THE CASES

1. Gallin v. Poulou (1956) 140 Cal. App. 2d 638, 645

The case was filled by the tenant against her landlord, who had ordered some construction to take place in her basement. The result of this construction was an injury that was endured by the plaintiff on her back and shoulder due to a block of plaster falling off from the ceiling, something she claims would not have had happened, if the said construction was not taking place. This construction work by the landlord was considered as an intrusion and a trespass on the property. Had this trespassing not taken place, the injuries would not have taken place. It was decided that the result of this trespassing was associated with this, however direct or indirect, link to the injury.

2. Halperin v. Pitts (2011)).

The intrusion in this case was not of any physical sort, but was in a fact the dispute on the property line which was taken to the next level. The decision of the court made it very clear that trespassing can be in any form, whether physical or not, and even flooding the other’s person’s property with an ill-willed desire would be counted as intrusion.

The decision also made a clear distinction between the intent of possession that the other party may have in such cases, which needs to be taken into account when property dispute cases are being heard.

3. Kelo v. City of New London, 545 U.S. 469 (2005)).

The case was filed by Susette Kelo whose private property was being taken up by the City of New London for development, which would have resulted in producing jobs and housing for many people. The area had been much affected by the recent economic upheaval. The decision upon the case was clear and made the argument that since such an act didn’t violate any of the state and federal constitutions and it was important to take into consideration the greater good of the entire community.

The decision came under much fire, for the misinterpretation of the property laws and the Fifth Amendment.

4. Youngstown Sheet & Tube Co. v. Sawyer, 343, U.S. 579 (1952)

The case was the result of the seizure of the Nation’s steel mills by the Secretary of Commerce, Charles Sawyer, upon the direct directive from the President of the United States, Harry Truman. The action was taken in the light of the emergency that is the Korean War, which had taken grip of the American economy. A nationwide strike of the steel mills would have jeopardized the entire economy and all that is linked to it, and therefore it was important to take such a step. The result was that the case was taken to the courts, however the judgment that was received upon it, has been the subject matter of much debate.

Where an agreement was reached that the President has no power to take such a step, the point raised by Justice Jackson in his judgment has been of crucial importance. The judgment states that the action of the President needs to be judged only after it has been transcribed a category. The categories which he created categorized the action as having been taken by the consent of the Congress, or the Congress having remained silent about the issues or as being defiant of the congressional orders.

Works Cited

Gallin v. Poulou. No. 16602. California . 10th April 1956.

Halperin v. Pitts. No. A139639. Washington County Circuit Court. 19th March 2010.

Kelo v. New London. No. 545 U.S. 469. Supreme Court of the United States. 23rd June 2005.

Youngstown Sheet and Tube Co. v. Sawyer. No. U.S. 579 . United States Supreme Court . 2nd June 1952.

Get Professional Assignment Help Cheaply

Are you busy and do not have time to handle your assignment? Are you scared that your paper will not make the grade? Do you have responsibilities that may hinder you from turning in your assignment on time? Are you tired and can barely handle your assignment? Are your grades inconsistent?

Whichever your reason is, it is valid! You can get professional academic help from our service at affordable rates. We have a team of professional academic writers who can handle all your assignments.

Why Choose Our Academic Writing Service?

• Plagiarism free papers
• Timely delivery
• Any deadline
• Skilled, Experienced Native English Writers
• Subject-relevant academic writer
• Adherence to paper instructions
• Ability to tackle bulk assignments
• Reasonable prices
• 24/7 Customer Support
• Get superb grades consistently

Online Academic Help With Different Subjects

Literature

Students barely have time to read. We got you! Have your literature essay or book review written without having the hassle of reading the book. You can get your literature paper custom-written for you by our literature specialists.

Finance

Do you struggle with finance? No need to torture yourself if finance is not your cup of tea. You can order your finance paper from our academic writing service and get 100% original work from competent finance experts.

Computer science

Computer science is a tough subject. Fortunately, our computer science experts are up to the match. No need to stress and have sleepless nights. Our academic writers will tackle all your computer science assignments and deliver them on time. Let us handle all your python, java, ruby, JavaScript, php , C+ assignments!

Psychology

While psychology may be an interesting subject, you may lack sufficient time to handle your assignments. Don’t despair; by using our academic writing service, you can be assured of perfect grades. Moreover, your grades will be consistent.

Engineering

Engineering is quite a demanding subject. Students face a lot of pressure and barely have enough time to do what they love to do. Our academic writing service got you covered! Our engineering specialists follow the paper instructions and ensure timely delivery of the paper.

Nursing

In the nursing course, you may have difficulties with literature reviews, annotated bibliographies, critical essays, and other assignments. Our nursing assignment writers will offer you professional nursing paper help at low prices.

Sociology

Truth be told, sociology papers can be quite exhausting. Our academic writing service relieves you of fatigue, pressure, and stress. You can relax and have peace of mind as our academic writers handle your sociology assignment.

Business

We take pride in having some of the best business writers in the industry. Our business writers have a lot of experience in the field. They are reliable, and you can be assured of a high-grade paper. They are able to handle business papers of any subject, length, deadline, and difficulty!

Statistics

We boast of having some of the most experienced statistics experts in the industry. Our statistics experts have diverse skills, expertise, and knowledge to handle any kind of assignment. They have access to all kinds of software to get your assignment done.

Law

Writing a law essay may prove to be an insurmountable obstacle, especially when you need to know the peculiarities of the legislative framework. Take advantage of our top-notch law specialists and get superb grades and 100% satisfaction.

What discipline/subjects do you deal in?

We have highlighted some of the most popular subjects we handle above. Those are just a tip of the iceberg. We deal in all academic disciplines since our writers are as diverse. They have been drawn from across all disciplines, and orders are assigned to those writers believed to be the best in the field. In a nutshell, there is no task we cannot handle; all you need to do is place your order with us. As long as your instructions are clear, just trust we shall deliver irrespective of the discipline.

Are your writers competent enough to handle my paper?

Our essay writers are graduates with bachelor's, masters, Ph.D., and doctorate degrees in various subjects. The minimum requirement to be an essay writer with our essay writing service is to have a college degree. All our academic writers have a minimum of two years of academic writing. We have a stringent recruitment process to ensure that we get only the most competent essay writers in the industry. We also ensure that the writers are handsomely compensated for their value. The majority of our writers are native English speakers. As such, the fluency of language and grammar is impeccable.

What if I don’t like the paper?

There is a very low likelihood that you won’t like the paper.

Reasons being:

• When assigning your order, we match the paper’s discipline with the writer’s field/specialization. Since all our writers are graduates, we match the paper’s subject with the field the writer studied. For instance, if it’s a nursing paper, only a nursing graduate and writer will handle it. Furthermore, all our writers have academic writing experience and top-notch research skills.
• We have a quality assurance that reviews the paper before it gets to you. As such, we ensure that you get a paper that meets the required standard and will most definitely make the grade.

In the event that you don’t like your paper:

• The writer will revise the paper up to your pleasing. You have unlimited revisions. You simply need to highlight what specifically you don’t like about the paper, and the writer will make the amendments. The paper will be revised until you are satisfied. Revisions are free of charge
• We will have a different writer write the paper from scratch.
• Last resort, if the above does not work, we will refund your money.

Will the professor find out I didn’t write the paper myself?

Not at all. All papers are written from scratch. There is no way your tutor or instructor will realize that you did not write the paper yourself. In fact, we recommend using our assignment help services for consistent results.

What if the paper is plagiarized?

We check all papers for plagiarism before we submit them. We use powerful plagiarism checking software such as SafeAssign, LopesWrite, and Turnitin. We also upload the plagiarism report so that you can review it. We understand that plagiarism is academic suicide. We would not take the risk of submitting plagiarized work and jeopardize your academic journey. Furthermore, we do not sell or use prewritten papers, and each paper is written from scratch.

When will I get my paper?

You determine when you get the paper by setting the deadline when placing the order. All papers are delivered within the deadline. We are well aware that we operate in a time-sensitive industry. As such, we have laid out strategies to ensure that the client receives the paper on time and they never miss the deadline. We understand that papers that are submitted late have some points deducted. We do not want you to miss any points due to late submission. We work on beating deadlines by huge margins in order to ensure that you have ample time to review the paper before you submit it.

Will anyone find out that I used your services?

We have a privacy and confidentiality policy that guides our work. We NEVER share any customer information with third parties. Noone will ever know that you used our assignment help services. It’s only between you and us. We are bound by our policies to protect the customer’s identity and information. All your information, such as your names, phone number, email, order information, and so on, are protected. We have robust security systems that ensure that your data is protected. Hacking our systems is close to impossible, and it has never happened.

How our Assignment  Help Service Works

1.      Place an order

You fill all the paper instructions in the order form. Make sure you include all the helpful materials so that our academic writers can deliver the perfect paper. It will also help to eliminate unnecessary revisions.

2.      Pay for the order

Proceed to pay for the paper so that it can be assigned to one of our expert academic writers. The paper subject is matched with the writer’s area of specialization.

3.      Track the progress

You communicate with the writer and know about the progress of the paper. The client can ask the writer for drafts of the paper. The client can upload extra material and include additional instructions from the lecturer. Receive a paper.

4.      Download the paper

The paper is sent to your email and uploaded to your personal account. You also get a plagiarism report attached to your paper.

PLACE THIS ORDER OR A SIMILAR ORDER WITH US TODAY AND GET A PERFECT SCORE!!!