Worksheet 8 Secondary Sources Answers
ALR
1. Find an A.L.R. annotation in A.L.R. 4th dealing with state laws that require a person who
requests a jury trial in a civil case to pay costs associated with the jury.
68 A.L.R.4th 343.
2. Find an A.L.R. annotation in A.L.R. Fed. dealing with the complexity of civil action as
affecting the Seventh Amendment right to trial by jury.
54 A.L.R. Fed. 733.
3. What is the purpose of the annotation found at 24 A.L.R. Fed. 940? What is meant by the
phrase, “comity of nation” as used in the article?
To collect and analyze those federal cases which consider or discuss the principle of comity
of nations as a basis for extradition of federal criminal defendants from a foreign
jurisdiction to the U.S. Comity of nations, means that reciprocal courtesy which one
member of the family of nations owes to the others. (If this assignment is done online rather
than in the books, students will see only that it was superseded by 112 A.L.R. Fed. 473
which is entitled, Application of Doctrine of Specialty to Federal Criminal Prosecution of
Accused Extradicted from a Foreign Country. This section does not define comity of
nations.)
Periodicals and Law Reviews
4 Cite a 2007 law review article in the Columbia Law Review discussing the case of Hamdan v.
Rumsfeld.
107 Colum. L. Rev. 1002 (May, 2007) (The case is also mentioned in a footnote in an article
found at 107 Colum. L. Rev. 303)
Using the Restatement
5. Where in the Restatement 2d will you find a section dealing with undue influence by a third
person rendering a transaction voidable at the request of the victim where the other contracting
party knew of the undue influence?
Restatement 2d Contracts §177 (3)
Using Am Jur
6. Can a state consider a lost animal to be abandoned? Also cite case authority for your answer.
Yes, 4 Am. Jur. 2d Animals § 48; Mass. Society for Prevention of Cruelty to Animals v.
Commissioner, 158 N.E.2d 487. (Note: several sectionS in Am. Jur. 2d deal with lost
animals, but § 48 deals with public entities rather than private individuals.)
7. What is the monetary liability of credit card owners for unauthorized use of the credit card?
Also cite statutory authority for your answer.
$50. 20 Am. Jur. 2d, Credit Cards and Charge Accounts §38; 15 U.S.C.S. § 1643 (Truth
and Lending).
Using Cal Jur 3d
8. Consider the following question: How close to the ground can a rear vehicle license plate be
mounted?
a. Cite the section in Cal. Jur. 3d that answers this question.
Automobiles § 66 License Plates Display (not less than 12 inches nor more than 60 in.)
b. Police stop a vehicle with no plates even though the vehicle has a paper temporary
permit. Is such a stop constitutional? Cite a case (found in Cal. Jur. 3d) that answers this
question.
In re Raymond C., 45 Cal. 4th 303
9 .Can a marital relationship itself create an agency? Cite the section in Cal. Jur. 3d and 2007
case that answers this question.
Cal. Jur. 3d Family Law § 17
Warfield v. Summerville, 158 Cal. App. 4th 443
(No)
10. Can a tenant use the outside walls of leased premises to post a sign supporting a local
judicial candidate?
Yes: Cal Jur. 3d Landlord. Tenant § 98; Cal Civil Code § 1940.
Using Witkin
11 Assuming that a party is claiming emotional distress, can the defendant obtain more than one
mental examination?
Number of Mental Examinations. Despite references to “a” mental examination, C.C.P.
2032.010 et seq. place no limit on the number of examinations that may, on a showing of
good cause, be ordered. (Shapira v. Superior Court (1990) 224 C.A.3d 1249, 1254, 274 C.R.
516 [limiting defendant to one examination of plaintiff was error, where<<* p.1137>>
neurologist and neuropsychologist testified that additional psychiatric examination was
needed
2 Witkin, Cal. Evid. 5th (2012) Discovery, § 157, p. 1135
12. Is a minister liable in tort when a person he is counseling commits suicide? Provide the
section of Witkin containing the answer and a case to support your answer.
Torts 858A (Supp) Nally v. Grace Cathedral
13. When was the California Constitution adopted? Answer the question and give the section in
Wikin containing the answer>
Nov. 13, 1848, Con Law, Section 50
Using Rutter Group
14. Find a general form for a demurrer
Cal. Prac. Guide Civ. Pro. Before Trial Forms Form 7A:2
15. What is an anti-slapp motion
Cal. Prac. Guide Civ. Pro. Before Trial Ch. 7(II)-A
special broader motion to strike is authorized against so-called “SLAPP” suits (an acronym
for “Strategic Lawsuit Against Public Participation”)—i.e., lawsuits brought “primarily to
chill the valid exercise of constitutional rights of freedom of speech and petition for the
redress of grievances” (CCP § 425.16(a)). (But