Just recently, there was an old lady who discovered a football in her front yard. She refused to return the ball to the neighborhood kids that apparently caused it to land in her front yard. The parents of one of the kids filed suit claiming that the old lady stole the football and failed to return it. Although this wasn't part of the article that I read, the big question is whether she should be charged for not returning the football. I haven't done the whole criminal law thing yet, but let's discuss what she could possibly be liable for.
First, the ball was in her yard without her consent. So I say, "Screw the kids, it's hers." At the same time, the question becomes "Does she have to return the ball?". I say no. It landed in her yard and therefore becomes her property. Does a neighbor have to return "what was" the property of a neighbor prior to the ball landing in her yard? Is this some sort of servitude where she is obligated to return the ball and allow the kids to enter her property to retrieve it? This sounds like a stupid hypothetical that all parents would claim to be ridiculous. However, it seems to be something that may occur in an everyday neighborhood. It all boils down to what the jury seems to be reasonable. I'm leaving this for you people to think about and then we'll address the issue at a later date.
I have to do some research to determine what the Court would hold. I'll get back to you on this.
Wednesday, October 22, 2008
Subscribe to:
Post Comments (Atom)
No comments:
Post a Comment