• Preface
• Garbage Is a Dirty Business
• Going, Going. . .Gone?
• Ima Swimmer v. S. Mel Yalator
• What a Nuisance!
• Chat Room Case
• Conglomo Inc. v. Drustown Board of Education
• Valedictorian or Just Plain Graduate
• Clena Air v. Groe N. Stuff
• 'Tis the Season to Be. . .Jolly?
• Making Waves
• State of New Jersey v. Bob McEntosh
• Pests Away and Birds Begone
• Deerly Beloved
• Holly Day or Nightmare?
• Hooper v. Globetrotter
• Ms. Frisby's Steak House v. The Rodents of NIMH Pet Store

In 1995-96 the New Jersey State Bar Foundation launched a unique law-related education program for middle school students-the Law Adventure Competition.

Students in grades seven and eight and their teachers are invited to create original mock trial cases. Each year the Foundation provides two themes for cases. The cases are judged on the basis of originality and educational value in teaching students about their legal rights and responsibilities. Winners are selected in each grade level. The trials are then conducted before student audiences at special Law Adventure programs in the spring. The seventh- and eighth-grade audiences serve as juries.

Following are the winning cases from the Law Adventure 2000 Competition. Themes for last year's contest were (1) nuisance-anything that interferes unavoidably with the enjoyment of life or property. It includes interference with public rights such as free passage along highways and enjoyment of public parks, and interference with private rights such as enjoying one's own property. Nuisance arises when another person uses his or her property in such a way (e.g., burning trash, opening a junkyard), that it causes a repeated annoyance or disturbance or invasion of another's right; and (2) computer crime-limited to threats, hacking, malicious mischief (such as spreading false rumors) and fraud.

The cases may be used as a guide to prepare a submission to the Law Adventure 2001 Competition or as a classroom exercise on the law. Please note that some of the cases may contain "laws" created by the students for the purposes of this competition, which may not necessarily be actual laws.

This project is made possible by funding from the IOLTA Fund of the Bar of New Jersey.

If you would like to participate in the Law Adventure 2001 Competition, please call 1-800-FREE LAW or 732-937-7519 for a free copy of the State Bar Foundation's Law Adventure Competition brochure or write to Law Adventure 2001, New Jersey State Bar Foundation, One Constitution Square, New Brunswick, NJ 08901-1500.

© 2000 New Jersey State Bar Foundation. All rights reserved.

Back to TOC

Thirty years ago, in 1970, Iona Dump bought 75 acres of empty land in Filltown to be used as a privately owned landfill. A 7.5-acre center of the landfill was assigned for immediate use. Municipalities throughout the county paid fees to the Iona Dump Corporation to use her landfill to dispose of their solid wastes. At that time, there was no residential area within a five-mile radius of the perimeter of the entire facility.

During the 1980s residential building boom, areas started to spring up closer to the dump perimeter. Although the landfill was still just using its 7.5-acre center, the need for expansion was on the horizon.

By 1990, the neighborhoods had significantly grown in Filltown, as well as throughout the county, increasing the amount of garbage. It was necessary for the 7.5-acre center of the landfill to expand.

As the dump continued to expand its acreage of use, it got closer to the existing homes in the community surrounding Iona's land. By 1999, the neighborhood near the landfill grew to within the one-half mile limit of the perimeter of the facility. The landfill center itself had grown to over 50 acres.

With the expansion came many issues. Issues included noise and danger from garbage trucks, animals carrying diseases into the nearby residential areas, odor, litter, and the obvious eyesore.

A committee known as the Coalition Against Dumping Disasters (CADD) was formed. Willie Kleanup was elected president. A class action suit charging the Iona Dump Corporation (IDC) with creating a nuisance was filed. CADD claims that IDC has violated the guidelines involved in maintaining a solid waste facility. CADD is demanding that IDC improve its performance by cleaning up the site, rerouting the garbage disposal trucks, fencing the 75 acres, building noise barriers and cleaning up litter throughout the neighborhoods.

ISSUES

1. Is the IDC breaking the guidelines for the storage and collection of residential solid waste and thus creating a nuisance in Filltown and the surrounding area?
2. Should Iona Dump be required to meet the maintenance demands outlined by CADD?

WITNESSES

For the Plaintiff
Mr. Willie Kleanup, president of the Coalition against Dumping Disasters
Reese Icle, solid waste disposal expert

For the Defense
Iona Dump, president of the Iona Dump Corporation
Forrest Green, county supervisor of Solid Waste Disposal

WITNESS STATEMENTS

Testimony of Willie Kleanup
My name is Willie Kleanup. I am the President of the Coalition against Dumping Disasters known as CADD. This organization was formed two years ago when a group of concerned citizens read in the paper that the IDC refused to build a privacy fence around the landfill. Although never required by the state, the county requested it. The Iona Dump Corporation said no!

The coalition, which represents 93 percent of the families in the area surrounding the landfill, was formed to discuss any other problems resulting from the facility. We researched the laws and contacted experts in the field. We learned that there were many things that the IDC could improve. Some of those things are the failure to build fences and noise barriers, excessive animal infestation, odor, danger and noise from garbage trucks and neighborhood litter. These problems have become repeated annoyances.

Prior to seeking legal help, we approached Ms. Dump, president of the corporation, with our concerns. She met with us only one time. She told us that she would look into our concerns, but she never did. She refused to attend any follow-up meetings.

Now the problems have grown as the landfill has grown. The problems have escalated to the point that we need experts to interfere in the coalition's behalf. We would like to see these issues resolved.

Testimony of Reese Icle
My name is Reese Icle. I am an administrator for the Environmental Protection Agency. My title is chief administrator of the Sanitation Requirements and Procedures Department, which dictates to all state landfills.

While the IDC has not failed state inspections, they have had several warnings. One infraction was in 1981 with a lack of compliance with new recycling measures. In that year we first imposed separating solid waste materials for the purpose of recycling. The IDC resisted the new standards. We cited them, but did not fine them. We approved a three-month time period for them to correct the imperfection. They did come around, but only because of the heavy fine that would have been imposed.

Testimony of Iona Dump
My name is Iona Dump. I have run and owned my private landfill for 30 years and during that time only twice have we received any complaints. The garbage trucks meet the noise emission standards of the state. All of our containers are leak-proof, including sides, seams and bottoms. They are also durable enough to withstand the anticipated usage without rusting, cracking, or deforming in any manner that would impair serviceability. Besides, the citizens of the areas closest to the dump should not complain because they also are contributing to the waste and the amount of garbage in the landfill. In the past, we have always been able to compromise with the surrounding neighborhoods and solve all problems, but now they are exaggerating the situation.

There is nothing else I can do to keep this area clean. The corporation has always been up to the standards set by the state. The standards that we have set by ourselves are even higher. Complaints have been few and have always been resolved quickly. The IDC has always provided sanitary conditions and we feel that we are doing the best that we can do to keep the citizens around the dump happy.

CADD is making outrageous demands. I cannot control the wind on garbage collection days or the garbage that gets blown around. There will always be animals outside. I regularly reroute the garbage trucks so as to not disturb one neighborhood more than another. I've already explained all of this to CADD.

Testimony of Forrest Green
My name is Forrest Green. I am the county supervisor and inspector of solid waste disposal. I regularly inspect the Iona Dump Corporation's facility. I inspect the site semi-annually. These inspections include one scheduled visit and one surprise inspection per year. I have never found any serious issues with Ms. Dump's landfill and although there have been minor infractions, those problems were handled in a most timely and efficient manner. In fact, I find her dump to be one of the best kept around. She adheres to all the guidelines for the storage and collection of solid waste. All the passing inspections have been logged in the state SWML, the Solid Waste Management Logbook. Her dump has never failed the state inspections.

CADD has no legitimate reason to sue the IDC. They are making a big case out of personal preferences and opinions. This case is about following state regulations-not beautifying a garbage dump. These are the people that put the garbage in the dump. Garbage is a dirty business! The Iona Dump Corporation is deserving of positive, not negative, recognition.

INSTRUCTIONS

The jury must decide by a preponderance of the evidence that the landfill run and owned by the Iona Dump Corporation is creating a nuisance in Filltown.

SUB-ISSUES

1. Should the IDC be willing to do more than the state mandates in order to maintain the landfill in Filltown?
2. Is CADD overreacting to having a landfill with its inherent problems right in their neighborhood?
3. Is the physical appearance of the landfill interfering with CADD's preferences and personal opinions?
4. Were the people in the neighborhood aware of the landfill before buying homes in Filltown?

CONCEPTS

1. Nuisance.
2. Burden of proof.
3. Credibility of witnesses.

LAW

Nuisance: anything that interferes unavoidably with the enjoyment of life or property. Nuisance arises when another person uses his or her property in such a way that it causes a repeated annoyance or disturbance or invasion of another's right. A tort created by noise, odor, vibration, smoke, etc.

BIBLIOGRAPHY

EPA Homepage, Chapter 1 Environmental Protection Agency (EPA); Subchapter 1 (1995-1999) Solid Wastes; EPA Regulations: Part 243-Guidelines for the storage and collection of residential, commercial and institutional solid waste.

Back to TOC

FACTS

Homer Runn lives in the town of Left Field, on a quiet street called Cooperstown Lane. Mr. Runn resides with his wife and three children. He likes to play, watch and coach baseball. He likes baseball so much he built a baseball field on his property.

In the beginning, he used the baseball diamond as a practice field for his children and their friends. He also played a few games with his own friends. They were amiable games where teams were not permanent and everyone really enjoyed themselves.

Soon, more people started coming and Mr. Runn's baseball field gained popularity. As more people came to play, more people came to watch. During the summer, the field was constantly used. Eventually, Mr. Runn installed floodlights so baseball could be played at night. Games were now played both day and night.

Not everyone enjoyed the baseball frenzy. Mr. Runn's neighbors complained about the noise, garbage, lights, dust, increased traffic and the parking problems in the neighborhood now known as Pitcher's Mound. Sometimes the baseball players trampled on the neighbors' property to retrieve foul balls and home runs. A home run once shattered a window of Mr. Wilson's house, a neighbor on Cooperstown Lane.

Mr. Runn only wants to play baseball with his friends on his own property. However, some of the neighbors on Cooperstown Lane think the baseball field is getting out of hand. They want the baseball diamond removed.

ISSUE

Does Mr. Runn's baseball diamond constitute a nuisance and interfere unavoidably with the enjoyment of life or property of an average person in the community?

WITNESSES

For the Plaintiff
Dennis Wilson, a resident of Cooperstown Lane
Ralph Wiggam, police chief of the town of Left Field

For the Defense
Homer Runn, resident of Cooperstown Lane
Louise V. Slugger, mother of baseball player

WITNESS STATEMENTS

Testimony of Dennis Wilson
I live next door to Homer Runn and his baseball field is very close to our mutual property line. Just for the record, I have nothing against the sport of baseball. I just have something against this field. At first, the field wasn't a problem, but now every aspect of it bothers me.

Frequently until 11 p.m., people are screaming and cheering for their favorite team. Metal bats smashing into baseballs and cars driving away from the field at night create unreasonable noise. The bright lights cause a problem for my family. They are on late at night, sometimes until 11 p.m. My little children now have trouble falling asleep because of the light coming through the curtains. Occasionally, the kids go into my yard and trample my flowers to retrieve foul balls. The balls fly farther every day. Once, a ball broke one of my windows.

Parking has become a huge problem. When I host get-togethers at my house, parking along the street is impossible due to the amount of people at the baseball field. This means my guests must park two blocks down and then walk to my house.

The amount of garbage created by the field is horrendous. Fans bring their own food and leave it all over the field. The wind picks it up and blows it all over my yard. On dry, sunny days the dust is unbearable. The children cannot even play outside because of the constant dust being blown by the wind into their eyes. My whole family suffers. We deserve some fresh air on our property.

When I walk outside, I am ashamed of my neighborhood.

Testimony of Police Chief Ralph Wiggam
People have been calling Left Field Police Department to complain about Homer Runn's baseball field. Complaints include lights, noise, garbage, dust and traffic problems. Many of the callers sound very angry.

When Mr. Runn leveled his property for the baseball field, the runoff swamped the local farmers' land. The runoff has been ruining the crops that need a regulated amount of water. It is washing away the fertilizer that farmers spent large amounts of time depositing over their crops. In addition, flooding occurs in the streets when there are big storms. Before the baseball field was built, all water from storms would flow into a large ditch. Now, since the land is leveled, the water runs into the streets, rather than the ditch.

People have been calling our department to complain about these flooded streets. At the station, we have many more important things to tend to; therefore we can't take immediate action towards the field. Mr. Runn's field outweighs the ordinary and must go.

Testimony of Homer Runn
I have loved baseball my entire life. I love the crisp air and the good old crack of the bat. The only thing I didn't like about the county Little League was the schedule. I believe that the players should play and practice whenever they choose. Since the fields were either occupied or locked up, I decided to build my own field.

It was designed for the use of my children and me. It is a leveled section of dirt in the shape of a baseball diamond with a large outfield. Although the end of the field is fairly close to the end of my property, balls do not commonly fly over the fence. I did not put up any bleachers, so the majority of the spectators are parents of the children who play.

The only lighting is the small floodlights that illuminate the bases and the outfield. They are normal house lights like anyone would put in his or her shrubs to light them up at night. I am present at every game and make sure that everything is orderly and safe. I do not provide snacks and I make sure that the correct amount of players plays a game at one time.

My field is not a nuisance at all. I believe Mr. Wilson just does not enjoy the great American pastime, baseball.

Testimony of Louise V. Slugger
My son is constantly playing on Homer Runn's field. He enjoys every minute of the action. If he ever has a second of free time, you can find him on the field. Playing baseball keeps him in shape, and I am sure the situation is similar with the other children.

In addition to fitness, baseball boosts children's sportsmanship and self-esteem. Before the baseball field was built, my son didn't have any friends. The field has helped him interact with people that share his interests.

This field provides all these favorable aspects without disturbing most of the neighbors. The majority of the people I know have been saying how nicely the field has turned out. The children are not only happy, they are exercising on a daily basis. Some people just can't appreciate how much Mr. Runn is doing for his community. His actions certainly don't appear wrong to me.

INSTRUCTIONS

The plaintiff must prove by a preponderance of evidence that Mr. Runn's baseball field is a nuisance; anything that interferes unavoidably with the enjoyment of life or property. The standard of nuisance is whether there is a definite inconvenience or annoyance to the normal person in the community.

SUB-ISSUES

1. Is Mr. Runn responsible for the increased traffic and parking problems?
2. Should it be legal for someone to create a baseball diamond on his/her property?
3. Is the amount of garbage, noise and lights coming from the field unreasonable?

CONCEPTS

1. Definition of nuisance.
2. Credibility of witnesses.
3. Damages.
4. Burden of proof.

LAW

Standard of nuisance: definite offensiveness, inconvenience or annoyance to the normal person in the community.

Back to TOC

FACTS

Ima Swimmer is a professional lifeguard. Every weekend in late summer, she holds swim classes in her backyard pool. Ima Swimmer states that she has severe allergies to pollen, mold and grass. Her next door neighbor, S. Mel Yalator, has an open composting bin for his lawn clippings. Every weekend S. Mel cuts his lawn and dumps the clippings on the open compost pile. His composting bin is nine feet from all property lines and between 3' x 3' x 3' and 5'x 5' x 5' as required by Stinkyville ordinances. He is aware of Ima's allergies because she often complains to him about them during the spring and fall.

Because of the smell from the compost bin and allergy attacks, Ima has not been able to give swim lessons and has lost close to $1,000 in lessons over a period of five weeks. She also has out-of-pocket expenses of $1,200 for specialists, tests and medication related to increased allergy attacks.

S. Mel Yalator stopped returning Ima's phone calls. He states that the compost bin is on his own property. He also says no law has been broken since he is in compliance with Stinkyville composting ordinances. S. Mel Yalator believes composting is a great way to reduce trash and enrich the soil. He also thinks that Ima Swimmer is just looking for someone to pay her allergist's bills.

Ima Swimmer is suing for damages under Stinkyville's nuisance ordinances.

ISSUE

Does S. Mel Yalator's compost pile violate Stinkyville's nuisance ordinance?

WITNESSES

For the Plaintiff
Ima Swimmer, professional lifeguard and swim instructor
Karl Johnson, parent of one of Ms. Swimmer's students

For the Defense
S. Mel Yalator, environmentalist and ecologist
Thelma Green, Stinkyville Environmental Committee chairwoman

WITNESS STATEMENTS

Testimony of Ima Swimmer
My name is Ima Swimmer. I am the neighbor of S. Mel Yalator, the environmentalist. When S. Mel started composting his freshly cut grass, the smell was horrid. It smells worse than a barn full of horse manure. I've called the health department several times to complain about the odor. I am a very sensitive person and have terrible allergies. The grass clippings made my allergies unbearable. I lost a lot of my students who take swimming lessons because the smell was so bad and I was often too ill to teach. Over a five-week period, I lost close to $1,000 in canceled lessons.

With all the lost income, I do not have enough money to pay for out-of-pocket medical expenses of $1,200 related to allergy tests, doctor visits and medication. My allergies to pollen, mold and grass were under control until that composting pile was started. It's practically in my backyard. I can't even take relaxing swims in the evening. I feel that I am wasting money buying chemicals and trying to keep the pool open. It is certainly not right for someone to keep me from using what I worked for so hard.

Testimony of Karl Johnson
My name is Karl Johnson and I am the proud parent of Gerald Johnson who used to attend swimming lessons at Ima Swimmer's house in Stinkyville. I recently stopped paying for my son to take swimming lessons at Ms. Swimmer's pool. The only reason I stopped lessons is that after each lesson, he would have a very red face and a runny nose. It turns out that he was having an allergic reaction to something at Ms. Swimmer's house. I strongly suspect that it was caused by the neighbor's compost pile. Whenever I went there, I noticed a sickeningly sweet rotting smell.

I am sorry to say that I am not the only client Ms. Swimmer lost. The odor was just unbearable and my son was in such misery. Ms. Swimmer herself was having trouble breathing after the lessons. As the summer went on, it just became worse.

Testimony of S. Mel Yalator
My name is S. Mel Yalator. I am a very concerned environmentalist and an ecologist by profession. I feel that personal composting of grass clippings and household waste is the best way to reduce the trash stream into our landfills. Every time I cut my grass, I place it in my compost bin.

When Ima Swimmer called me about her allergies and alleged loss of business, she claimed that my compost bin was the cause of her problems. I told her that the more likely cause might be the increased mold and pollen count this year from the heavy spring rains.

Composting is something everyone will need to do. We are burying our future in garbage! I have followed the municipal composting ordinances and maintained a clean vermin-free pile. My compost bin is nine feet from all property lines and 5' x 5' x 5'. I turn and sweeten the pile with lime on a regular basis. I cannot imagine what Ms. Swimmer is complaining about. I do not think it smells that bad. Maybe the odor she smells is caused by improper storage of pool chemicals. I think that it says a lot that I have had no warnings from the town of Stinkyville regarding violations.

Testimony of Thelma Green
I am Thelma Green, chairwoman of the Stinkyville Environmental Committee. Stinkyville, like all other municipalities, was required by the state to stop collecting grass clippings and to reduce trash tonnage by 20 percent in 1996. In response to the mandate, we drafted a composting ordinance that was adopted by the municipal council. S. Mel Yalator was a volunteer consultant to the committee and a community role model for environmental responsibility. S. Mel Yalator is a leading conservationist and well-known ecologist. He has won numerous awards for his community involvement in environmental causes. He led the way in developing practical composting guidelines and complies with them in every way.

Composting is natural. Composting is good for the environment and has reduced our municipal tipping charges for rubbish disposal. The nitrogen in grass clippings can generate a terrible odor if the pile is not turned frequently or sweetened from time to time. Given S. Mel Yalator's knowledge of composting, it is unlikely that he would neglect his bin. The health department has had numerous complaints about a foul odor in Ms. Swimmer's neighborhood. This matter is currently under investigation and I have nothing to add at this time regarding its actual origin. Ms. Swimmer may well be sensitive to environmental irritants, but there could be other causes than S. Mel Yalator's compost bin.

INSTRUCTIONS

The plaintiff, Ima Swimmer, must prove by a preponderance of the evidence that her health has been placed at risk by the actions of S. Mel Yalator.

SUB-ISSUES

1. Does the timing of Ms. Swimmer's symptoms and complaints constitute sufficient evidence that it was caused by the compost bin?
2. Do Ima Swimmer's rights under the nuisance ordinance supersede Mel Yalator's right to compost?

CONCEPTS

1. Credibility of the witness: does a witness's special training or skills make that witness more believable than another witness who is less qualified?
2. Direct versus indirect or circumstantial evidence: direct evidence is witnessed or collected evidence. Indirect or circumstantial evidence is based on deduction from observation.
3. Burden of proof: preponderance of the evidence.

LAWS

Stinkyville Public Health Ordinance No. 156 (excerpted from and modeled after Burien, WA, Ordinance No. 146):

1. Nuisance shall be defined as doing an act, omitting to perform any act or duty, or permitting or allowing any act or omission, which annoys, injures, or endangers the comfort, repose, health or safety of others, is unreasonably offensive to the senses, or which obstructs or interferes with the free use of property so as to interfere with or disrupt the free use of property by any lawful owner or occupant. Conditions may include but are not limited to: trash covered premises, dangerous structures, potential vermin habitat or fire hazard, junk vehicles, attractive nuisances, obstructions to the public right-of-way, vegetation, illegal dumping or dumping in waterways.
2. Notice shall be given of violations. The monetary penalty for each violation per day or portion thereof shall be five hundred dollars ($500.00).
3. Parties suffering harm or expenses as the result of violations may seek redress and recovery of expenses in Superior Court.

Stinkyville Public Health Ordinance No. 204 (adapted from proposed Lansing, MI ordinances):

Whereas, state law prohibits the disposal of yard waste into landfills after 1995, and the municipality must reduce trash tonnage by 20 percent by 1996, the private composting of grass clippings and household waste shall be permitted within the municipal limits under the following conditions:

1. The minimum size of the compost bin shall be 3' X 3' X 3'.
2. The maximum size of the compost bin shall be 5' X 5' X 5'.
3. The location is at least eight feet from all property lines.
4. The composted material originates at the compost site.

The following materials may be composted:

1. Grass clippings.
2. Leaves.
3. Household food vegetation waste.

The following materials are excluded from composting:

1. Meat.
2. Fat.
3. Grease.
4. Dairy products.
5. Animal waste.

Back to TOC

FACTS

Mrs. Leigh Vusalone lives on 32 Private Drive in Middlevillage, New Jersey. Middlevillage is located in the suburbs of New Jersey among mostly large Victorian homes, each located on over an acre of land.

Several neighborhood boys from the local junior high school enjoy skateboarding. They used to skate in town until one of the boys, Jay Walker, was hit by a car and broke his leg. Shortly after that accident, the town prohibited skateboarding on public roadways. Similarly, local schools and shopping centers refused to allow skateboarding and skating on their property. Therefore, the boys had nowhere to skateboard. Mike Vusalone asked his mother if he could invite a few friends over to skateboard in their large circular driveway. Leigh, his mother who does not work, agreed to this proposal during the hours of 4-7 p.m.

For nearly one year, Mike and his friends have gathered informally at the Vusalones' house to skate. There are usually three to six teens at any given time, but there have been as many as 10 on one occasion. Mrs. Vusalone has allowed the boys to build ramps, not exceeding three feet in height, to use in performing various jumps and maneuvers. The boys often play music while they are outside, but Mrs. Vusalone instructs them to lower the volume if it gets too loud.

The Noyings live next door at 34 Private Drive. Mr. Noying is being relocated due to a job change and is in the process of selling his home. It has been on the market for approximately six months. The Noyings believe that they cannot sell their home because of the skateboarding activity in their neighbor's driveway. The Noyings believe the activity has adversely affected their property values and claim it is interfering with their enjoyment of their property.

The Noyings are suing the Vusalones, claiming a private nuisance which substantially interferes with the enjoyment of their property.

ISSUE

Are the Vusalones creating a nuisance, which substantially and unreasonably interferes with the use and enjoyment of the Noyings' property?

WITNESSES

For the Plaintiff
Ima Noying
Sela Home

For the Defense
Leigh Vusalone
Jay Walker

WITNESS STATEMENTS

Testimony of Ima Noying
My name is Ima Noying. I live at 34 Private Drive in Middlevillage, New Jersey. I am a writer and I work at home in order to stay at home with my daughter and son, who are three and six years old respectively. I have lived in this neighborhood for 10 years. Lately, however, my work has been interrupted because of these noisy, rambunctious boys that skateboard next door. They are friends of Mike Vusalone and are present almost every day. They play extremely loud and unpleasant music during the time that my daughter takes her nap. They make ramps and all sorts of contraptions. When the skateboarders land off the ramps, they make a loud, horrible thump that wakes up my daughter and triggers my migraine headaches. It also is a danger to my toddler who may wander over and get hurt or worse yet, the boys' dress, behavior and language may influence my toddler son.

About six months ago, my husband, a government worker, was transferred to Washington, D.C. We had no choice but to put our house on the market. We chose to sign with New Market Realtors because our neighbor, Mrs. Sela Home, works for them. She assured us that it was a "hot" market and that most homes in our development sell within 30-60 days. However, when Mrs. Home would show our home, buyers who seemed eager would immediately be turned off when they saw the boys skateboarding next door.

I am strongly convinced that because of the boys next door, my house value has decreased. Even Mrs. Home thinks that the boys are making it difficult for me to sell my home. As a result, Mrs. Home has told me it might be a good idea to reduce the price of my home. Those boys are the reason my property value has gone down. It is true that there was former termite activity in my house; however, a termite inspection revealed no apparent current infestation.

Testimony of Sela Home
I am a real estate agent and live on 38 Private Drive. A few months ago, Mr. and Mrs. Noying came to me desiring to sell their house. The house was put on the market with an asking price of $325,000. It was a beautiful Victorian style in mint condition. The real estate market was very hot at the time. Homes in this area were selling in approximately three weeks. The house was put on the market in June 1999. Because this house was in a desirable area, there were many people interested in this house. Each time I brought someone over to see the house, potential buyers would see the boys next door on their skateboards, playing loud music. This was making the house difficult to sell. I mentioned to Mrs. Noying that perhaps she should lower the asking price of the home. She insisted that she would not lower the price.

In December 1999, Mrs. Noying called me and agreed to lower her asking price. She stated that she needed to move quickly since her husband was transferred to another state. We agreed to list the house for $300,000. I had a potential buyer, who I brought to the house on Friday, December 10. Next door, the boys were skateboarding on ramps. The boys were flying through the air and landing on the concrete with a very large sound. When the potential buyers saw this, they only offered $280,000 for the Noyings' home. Mr. and Mrs. Noying were very upset by this and told me they were filing a lawsuit against the Vusalones.

You are probably aware that, as a realtor, I work on commission. A broker with my agency handles a listing for six months. At the end of that time, if the property has not been sold, the listing broker must establish another reason for the failure to sell or that broker will lose the listing to another agent. I believe the reason the Noyings' house has not sold is the activity at the Vusalones' house.

Testimony of Leigh Vusalone
My name is Leigh Vuslaone. I think this case is very absurd. My son and his friends used to skate around town until a car hit one of my son's friends. The mayor then prohibited skateboarding on the streets in town. They were also prohibited from skateboarding on school property. I gave my son and his friends permission to skate on our property because they can't go anywhere else. It is true that my son and his friends built ramps. They put a lot of effort into making all their own ramps and spent their own money on the grinding rail.

I live on a very private street. Each house is on over an acre of land. I have a circular driveway so that the children are not on the street. Also, I only allow them to skateboard after school between the hours of 4-7 p.m. when I am home. I usually check on them every half hour or so to make sure they are safe and not disturbing anyone.

I think the real problem with the Noyings is a disagreement we had last year. During Christmas last year, we put up a large display of lights on our house. People came from the town to look at the lights and some parked on the Noyings' lawn. I think the Noyings brought up this case because they are still angry about the lights incident.

Also, the Noyings' claim that they are having difficulty selling their house because my son and his friends are skateboarding. However, I know for a fact that they are having a termite problem because I saw a termite truck last month parked outside their house.

Testimony of Jay Walker
My name is Jay Walker. Skateboarding is my favorite pastime. My friends and I always used to skateboard after school in the school parking lot until we were forced by the principal to stop skateboarding on the school grounds. With nowhere to go, we decided to skateboard in town. About one year ago, while I was crossing the street on my skateboard, I was hit by a car and broke my left leg. Luckily, it wasn't serious so I could still skateboard. Because of this incident, the mayor of Middlevillage prohibited skateboarding on the streets and sidewalks.

Luckily, Mrs. Vusalone said it was OK to skateboard at her house. She has a large circular driveway perfect for skateboarding. We built eight ramps and grind rails to make it more exciting. We built the ramps and none are more than three feet tall. We also got several grind rails, which are about seven feet long. These ramps and rails are no closer than 15 feet to the Noyings' property.

I can't believe Mrs. Noying is saying that we are loud and disruptive. Yes, we play music while skateboarding, but Mrs. Vusalone always comes out and checks on us. If the music is too loud, she tells us to lower it. We are very responsible kids. In fact, one day Mrs. Noying's young daughter, who is three years old, wandered onto the Vusalones' driveway. I picked her up and returned her to her house. If that's not responsible, I don't know what is!

INSTRUCTIONS

The plaintiff must prove by a preponderance of the evidence that the defendants' skating activity constituted a private nuisance which substantially and unreasonably interfered with the plaintiff's use and enjoyment of their property.

SUB-ISSUES

1. Would the skating activity on defendant's property be considered offensive and annoying to the average person in the community?
2. Is the defendant's interest in providing her son and other teens a safe place to recreate after school outweighed by the inconvenience suffered by the plaintiff?
3. Is the skating conduct responsible for plaintiff's failure to sell their house?

1. Nuisance.
2. Burden of proof.
3. Credibility of witnesses.
4. Balancing competing interests.
5. Reasonable person standard.

LAWS

1. Private nuisance is a substantial, unreasonable interference with another's use or enjoyment of his or her property.
2. Substantial interference is interference that is offensive, inconvenient or annoying to the average person in the community.
3. To be unreasonable interference, the severity of the inflicted injury must outweigh the usefulness of defendant's conduct.
4. Middlevillage Ordinance 104-3:
   1. At no time shall any person engage in skating activity on the public roadways, sidewalks, or easements held by the Town of Middlevillage.
      1. Skating includes, but is not limited to, rollerblading, roller skating, and skateboarding.
      2. This ordinance shall not be construed to prohibit bicycling in authorized areas of the town.
   2. A violation of this section is punishable by a fine not exceeding $100 for the first offense; $250 for the second offense and $500 for each offense thereafter.

Back to TOC

FACTS

A man named E. Legal started an Internet company called Igotcha.com. He was planning to sell sports equipment over the Internet. He brought the company public, and owned over one million shares of stock. Sales were not very good and the company was losing money. Mr. Legal was afraid the price of the stock would drop. So he entered a chat room and started to goad people into buying the stock by saying things that weren't completely true about the company. He said the company was doing great and sales were way up. E. Legal tricked people into buying the stock and raised the price. The SEC (Securities and Exchange Commission) discovered what Mr. Legal was doing and charged him with fraud for manipulating the stock.

E. Legal argued that he was not doing anything fraudulent. He contended that nothing he said in the chat room was illegal. He never lied about the company's profitability. Mr. Legal only indicated that sales were expected to be higher due to holiday shopping, and that they would be a perfect takeover target for a large retail store.

The SEC argued that although he never lied, E. Legal manipulated the stock by spreading rumors. The fact that they "might be a takeover target" is a rumor. This rumor misled some people in the chat room and tricked them into buying the stock.

ISSUE

Was Mr. E. Legal guilty of stock manipulation and insider trading?

WITNESSES

For the Plaintiff
I.C. Yoo
I.M. Broke

For the Defense
E. Legal
Ida Releesm

WITNESS STATEMENTS

Testimony of I.C. Yoo
My name is I.C. Yoo. I am an investigator for the Securities and Exchange Commission. I have been an investigator for over 15 years. My job responsibilities include entering investment chat rooms and looking for illegal stock manipulation schemes.

On December 15, 1999, I entered such a chat room and observed Mr. E. Legal making false statements to other individuals in the chat room. Mr. E. Legal indicated that he was a major shareholder and officer of Igotcha.com. He also told people in the chat room that he expected that the company's 1999 earnings would beat Wall Street's expectations and that the stock price would go up significantly. Mr. E. Legal also said that holiday sales were going tremendously well, even though he knew that this was not true.

Mr. E. Legal said things that were not public information and distorted the truth in the chat room. Mr. E. Legal caused people to buy stock and suffer huge losses. Mr. E. Legal sold his stock before the actual earnings came out and made over $1 million.

Testimony of I.M. Broke
My name is I.M. Broke. Mr. I.C. Yoo, the investigator for the Securities and Exchange Commission, contacted me on January 31, 2000. Mr. Yoo informed me of the government's case against Mr. E. Legal. Mr. Yoo requested that I testify as a witness to the government's case.

On December 16, 1999, I purchased 10,000 shares of Igotcha.com stock at $18 per share. The reason I purchased this was based upon information I received in a chat room on December 15, 1999. I was told that the stock was undervalued on December 15, and that there were additional favorable announcements coming in the next several months. Mr. Legal indicated that he was a major shareholder, the company was doing great and sales were way up.

None of this was true. It is now January 31, 2000 and the price of the stock is down to $1 per share. I have lost virtually all of my investment and am now working two jobs to feed my family. I waited for the earnings to be released on January 15, 2000 and the company had terrible earnings.

Testimony of E. Legal
My name is E. Legal. I am the president of Igotcha.com, a public company. I have been the president of the company since its inception on January 1, 1999. The company sells sports equipment over the Internet.

On December 15, 1999, I entered an investors' chat room. I routinely enter such chat rooms since I have many investments. I find these chat rooms to be a great source of useful information.

One of the "investors" in the chat room that day was Mr. I.C. Yoo. Mr. Yoo asked me many questions about Igotcha.com. Mr. Yoo never informed me that he was an investigator for the Securities and Exchange Commission. Mr. Yoo misled me by indicating that he was nervous about the company's 1999 earnings report, which was due out in January 2000. He said that he put his sick mother's entire life savings into the company and wanted to know what the projected earnings looked like. I told him that I was not allowed to discuss earnings since it was not public information. He kept pressing me for information and I indicated that holiday sales were strong and the company was a perfect acquisition for a large retail store.

In January 2000, I sold a large amount of stock resulting in a large gain. I had been waiting until January to sell this stock for tax reasons. I used half of this money to buy my new house. The other half of the money I donated to a hospital so they could buy new equipment.

I never manipulated the stock. Mr. Yoo distorted the facts and entrapped me by pretending to be an investor.

Testimony of Ida Releesm
My name is Ida Releesem. I was one of the original investors in Igotcha.com. I bought the stock because all of the Internet stocks are going up. Like many of the Internet companies, sales had been slow. I was not concerned since the price of the stock was going up. I was also very interested to see how the company would do over the holidays. The company sells football, baseball, basketball and tennis equipment, which all make great Christmas and Chanukah presents, and I was expecting the stock price to go up.

I entered a chat room on the Internet on December 15, 1999 and spoke with a major shareholder named E. Legal. He assured me that the holiday sales were going to exceed the Wall Street analysts' expectations. The price of the stock was $15 per share and he felt the stock was worth $30. He also indicated that there were more favorable announcements coming in the next several months.

The stock price continued to go up over the next several weeks. I sold my stock on January 5, 2000 at $35 per share. I made $32,000 on the original $5,000 investment. I bought myself a new sports car with the profit. At no point did Mr. Legal trick me or force me into buying the stock.

INSTRUCTIONS

The prosecutor must set out such a convincing case against E. Legal that the jury believes "beyond a reasonable doubt" that he is guilty of stock manipulation and insider trading.

SUB-ISSUES

1. Did E. Legal earn a profit of $1 million by manipulating the stock?
2. Did I.M. Broke lose virtually all of his money because of E. Legal?
3. Is E. Legal lying about not manipulating the stock?
4. Did I.C. Yoo break the law by pretending to be an investor in the chat room?
5. Is Ida Releesem not telling the truth because she made money?

1. Circumstantial evidence vs. direct evidence.
2. Credibility of witnesses.
3. Burden of proof: beyond a reasonable doubt.
4. Entrapment of defendant.

LAW

Anyone who is deemed an insider of a company is prohibited from knowingly making false or misleading statements about the company. If someone is found guilty, he or she can be sentenced to repayment of all the money he or she made and five years' imprisonment or both.

Back to TOC

FACTS

On November 18, 1999, a local business, Conglomo Inc., lost all of its computer hard drive files because of a virus. The virus was attached to an e-mail from Drustown High School. The virus was tracked back to a computer terminal at the Drustown High School computer lab. Six students use the computer terminal each day. There is one computer teacher and each student has a unique sign-on password recorded by the teacher.

Conglomo Inc. suffered $7,000 worth of damages related to the recovery and reconstruction of its files and lost Internet business. Conglomo Inc. is suing the Drustown Board of Education, alleging that it is responsible for policing student Internet activity. At the time, Drustown School District had no computer policy in place regarding student use of the Internet or student use of the school computer lab.

ISSUE

Is the Drustown Board of Education liable for damages incurred by Conglomo Inc. as the result of a virus attached to an e-mail sent by a computer lab student?

WITNESSES

For the Plaintiff
Edgar Biggelsworth, employee of Conglomo Inc.
Mel Function, computer recovery expert

For the Defense
Meg A. Byte, computer lab teacher at Drustown High School
Dinah Myte, computer student at Drustown High School

WITNESS STATEMENTS

Testimony of Edgar Biggelsworth
My name is Edgar Biggelsworth. I have been an employee at Conglomo Inc. for five and one-half years. Conglomo Inc. has a contract with the Drustown Board of Education to service computers and maintain the network. It is not uncommon for the computer teacher to contact me by e-mail when there is a network glitch that she needs to debug.

On November 18, 1999, I opened an e-mail from Drustown High School. The e-mail opened, but then my screen turned black and the word "Kaboom" came up on the screen once. After that happened, my computer did not function properly.

I called Mel Function, a computer recovery expert. She spent three weeks working with us to recover important files.

In the meantime, I lost about $2,000 worth of business that normally would be done over the Internet. The bill for Mel Function's services was $5,000.

When I called the computer teacher at Drustown High School, I found out that she had composed a file to be sent by e-mail, but that a student had actually sent the e-mail. Because the computers are networked, the virus could have been attached by one of three students using terminals at the computer lab hub. I also found out that the school did not have a computer policy in effect when this event occurred. Therefore, I am holding the Drustown Board of Education responsible for the student's actions.

Testimony of Mel Function
My name is Mel Function. I am a computer recovery expert working at Computer Crime and Fraud Inc. On November 18, 1999, I received a call from Mr. Biggelsworth at Conglomo Inc. He told me that his hard drive had been erased. I went over right away and I detected that a new computer virus named "Kaboom" had deleted most of the files on his hard drive. Based on his description of what happened, I was able to deduce that the virus had been attached to an e-mail sent from a computer terminal at Drustown High School. I contacted the computer teacher who had sent the e-mail from Drustown High School. I examined the high school system and found that the virus had indeed originated from there. It did not appear to have any external origin in the e-mail cache. I was not able to examine the diskette used by Dinah Myte.

What makes this virus unique is that it is passed on from e-mail to e-mail. When it hits 25 transmissions, the virus erases the hard drive of the recipient. It can be detected by virus filtering software if the computer is not the unlucky twenty-fifth recipient. The virus may have infected the Drustown High School system through an outside e-mail or been attached deliberately by a student.

Because I could not find it in the e-mail cache, in my opinion, it must have been deliberately attached. A student may have created the virus either on the system or an outside system. Unlike the Melissa virus, this program didn't have the author's calling card all over it. Without virus scanning software, the Drustown High School computers would not detect the virus.

In any case, every e-mail that was sent out by Drustown High School was a potential virus carrier. I advised them to purchase a virus filter program and to warn anyone who had received an e-mail from them that there may have been a virus attached.

I was able to replace Mr. Biggelsworth's hard drive after three weeks. My bill for services to Conglomo Inc. was $5,000. What disturbs me most is the lack of a computer policy at the high school. In my opinion, a well-worded policy would have prevented the entire problem by requiring the installation of virus-scanning software and prohibiting students from using diskettes from home.

Testimony of Meg A. Byte
On November 18, 1999, I checked e-mail during my professional period using one of the computers at lab station #3. I had one e-mail from an unknown source. The subject line read, "easy, free, computer software." As the computer teacher, I opened it, hoping for some software that would benefit the school. It listed some freeware sites and addresses. I printed out the e-mail and deleted it. I continued checking work logged by students earlier in the day.

During the next period, students were working on their Internet web design projects. They were each working with students at other high schools to create webpages for a national contest.

One of my best computer students is Dinah Myte. She had done most of her design at home and brought it in on diskette. Since she was done with her e-mail to her partners, I asked Dinah Myte to send an e-mail to Conglomo Inc. to let them know that we were having trouble with the system network again.

I later received a phone call from Conglomo Inc. asking if Mel Function could examine our computer equipment. Mr. Bigglesworth told me that he had received an e-mail virus and that it had been tracked back to our school. I notified the principal and supervisor.

The school cooperated with Ms. Function. She advised us to purchase a virus-scanning program and to adopt a computer use policy. I told her that the board of education was working on a draft policy, but it wasn't ready for public reading. We operate on a shoestring budget. Our computer lab was donated. The Internet connection and service contract with Conglomo are funded through a grant. We've been slowly obtaining licensed software. We're constantly having problems with the network.

Testimony of Dinah Myte
I have computer lab everyday during period six. Five other people use my computer, lab station #3, during the day. On November 18, 1999, I brought in a diskette from home so that I could edit some webpage design files and attach them to an e-mail to my partners at other high schools. It didn't take me the whole period to do the e-mails and edits.

Near the end of class, Miss Meg A. Byte asked me to send an e-mail to Conglomo about the problem she was having with the network. Following Miss Byte's instructions, I attached the network trouble shooting report to an e-mail and I sent it.

I have a virus-scanning program at home so I don't think that my diskette was the source of the problem. I'm a good student and love computer programming and web design. I would never deliberately sabotage someone's computer. The way that the computers are networked, anyone who used my terminal could have programmed a virus.

INSTRUCTIONS

The plaintiff must prove by preponderance of the evidence that the Drustown Board of Education was negligent in failing to have a computer use policy in effect, and that as a result, the virus was purposely or knowingly transmitted from Drustown High School to Conglomo Inc.

SUB-ISSUES

1. In the absence of a policy, can a board of education be held liable for effects of actions taken by faculty or students?
2. Is the indirect evidence presented by the expert witness sufficient to prove that the action was "purposeful or knowing"?

1. Definition of computer-related offenses as delineated in New Jersey Permanent Statutes Title 2A:38A-3.
2. The requirement under Title 53 of the Revised Statutes and Title 18A of the New Jersey Statutes is that local education agencies have a computer policy in place.
3. Burden of proof: preponderance of the evidence.
4. Circumstantial or indirect evidence versus direct evidence.
5. Credibility of the witness.

LAW

New Jersey Permanent Statutes: Title 2A Administration of Civil and Criminal Justice 2A:38A-3 Computer-related offenses; compensatory and punitive damages; costs and expenses:

A person or enterprise damaged in business or property as a result of any of the following actions may sue the actor therefor in the Superior Court and may recover compensatory and punitive damages and the cost of the suit including a reasonable attorney's fee, cost of investigation and litigation:

a. The purposeful or knowing, and unauthorized altering, damaging, taking or destruction of any data, data base, computer program, computer software or computer equipment existing internally or externally to a computer, computer system, or computer network. (L. 1984, c. 182, s. 3) (Conditions b through e of the law do not apply to this case and have not been included.)

2A:38A-4 Value of Loss; finding of fact:

The value of damage, loss, property or income involved in any lawsuit shall be determined by the trier of fact. (L. 1984, c. 182, s. 4)

New Jersey Chapter 134:

C.18A:35-4.17 Notification to students of risks of using computer services for illegal purposes; guidelines.

4. Every district or regional board of education shall, as part of any computer education instruction it provides, notify students of the potential risks and dangers posed to children by persons who use interactive computer services for illegal purposes. The notification shall be adapted to the age and understanding of elementary and secondary school pupils. The notification shall include information concerning the safe computing guidelines made available on the Internet by the department pursuant to section 3 or P.L. 1998, c. 134 (C.52:17B-193). The Department of Education shall recommend guidelines and curriculum materials for utilization by local school districts on the ethical use of computers and the potential risks and dangers posed to juveniles by persons who use interactive computer service for unlawful purposes. (Approved December 3, 1998.)

Back to TOC

FACTS

Harvey R. Hacker, Ari U. Cheat and Pat P. Gram are seniors at Riverside High School. Harvey and Ari are straight "A" students and are in contention for valedictorian of the senior class; at the end of the third marking period, Ari was just one point in the lead. Pat P. Gram is in danger of not graduating because of his failing grade in calculus. Harvey tutors Pat in calculus; they are also in the Computer Club and won a major computer competition together.

About dusk on May 25, there was a break-in at Riverside's computer lab. The night janitor, Mr. Sparkles, was cleaning a classroom on the first floor just below the lab. There was a loud noise from the room above. Mr. Sparkles ran upstairs to investigate. By the time he got the door opened and entered, the person in the lab had escaped through the window, descended the fire escape ladder and was running away across the schoolyard. The figure was dressed in blue jeans, gray T-shirt and sneakers and was wearing a blue and orange baseball cap.

Mr. Sparkles notified the principal, Mr. Strictman, by phone. Mr. Strictman came back to school immediately. A computer disk file box was on the floor with disks falling out of it. Next to the computer that was on was a student notebook that belonged to Harvey R. Hacker. Noticing a minimized file on a computer monitor, Mr. Strictman maximized it to find the G-H page of the senior class data base. He called the police to report the incident.

After having the senior class teachers check their grade books against the G-H page the following morning, Mr. Strictman discovered that two grades on the page had been changed, both in Ms. Calcompute's calculus class: Pat P. Gram's failing 60 had been changed to a 78 and Harvey R. Hacker's 94 was edited to read 95 so that Harvey and Ari were now tied in the valedictory race. Investigation and interrogations followed for the next few weeks. Final senior marks were posted. Harvey R. Hacker just edged out Ari U. Cheat, but Ari was announced valedictorian. Harvey R. Hacker was charged with computer hacking for altering grades on the senior class data base.

ISSUE

Did Harvey R. Hacker hack into the school computer and alter grades in order to win the valedictorian award?

WITNESSES

For the Plaintiff
Mr. Sparkles, Riverside High School night janitor
Mr. Strictman, Riverside High School principal

For the Defense
Harvey R. Hacker, Riverside High School senior
Ms. Calcompute, Riverside High School calculus/computer teacher

WITNESS STATEMENTS

Testimony of Mr. Sparkles
I am Mr. Sparkles, the night janitor of Riverside High School. I was cleaning up as usual on May 25. It was just getting dark when I was cleaning the classroom on the first floor directly beneath the computer lab. I was startled by the noise of something falling on the lab floor above. No one should have been in there so I ran upstairs quickly to investigate. I unlocked the lab door only to find it had already been unlocked and I had actually locked it. The thought barely registered in my mind as I unlocked the door again and burst into the room.

By the time I got into the room, the intruder had gotten out the window, lowered the fire escape ladder and ran away across the soccer field. The figure was dressed in a gray T-shirt, blue jeans, sneakers and a Mets baseball cap.

I turned away from the window and began to look over the room. I saw a computer disk file box on the floor with disks falling out of it. That must have been what I heard fall. Next to the one computer that had been left on was a student notebook that belonged to Harvey R. Hacker.

I immediately called Mr. Strictman and informed him of the break-in at the computer lab. He came back to school right away. I don't know much about computers so I can't say that I understood what he said had happened. While we waited for the police to arrive, I rechecked the building and locked everything up. There was no more activity at the school that night.

Testimony of Mr. Strictman
I am Mr. Strictman, the principal of Riverside High School. On May 25, about 8:15 p.m., I received a phone call from Mr. Sparkles, the night janitor. He reported a break-in at the school computer lab.

He met me when I arrived at school and we went directly up to the computer lab. The fire escape window was open and the fire escape ladder was down. In the lab itself, a file box of disks was strewn on the floor and one computer was on. Next to it was a notebook that belonged to Harvey Hacker. As I looked more closely at the computer, I noticed a program on the lower left-hand side of the screen that seemed to be minimized so I clicked on the maximize button and maximized the program. I was shocked to see the entire G-H page of the senior class data base come up. No one has access to that confidential information but administrators and teachers of the seniors. I immediately called the police.

The following morning I had the senior class teachers check their grade books against copies of the G-H page I had printed out the night before. We discovered two grades on the page had been changed, both in Ms. Calcompute's calculus class: Pat P. Gram's failing 60 had been changed to a 78 and Harvey R. Hacker's 94 was edited to read 95. That made Harvey and Ari tied in the valedictory race. Investigation and interrogations followed for the next few weeks. Finally, the Board of Education pressed charges against Harvey Hacker for computer hacking to alter grades on the senior class data base so he would win the valedictorian award.

Testimony of Harvey R. Hacker
My name is Harvey Hacker and I am a senior at Riverside High School. Ari U. Cheat and I were both in competition for the valedictorian award. At the end of the last grading session, I was one point behind Ari in terms of grades. I was working extra hard in the last marking period to surpass him.

On May 26, our principal, Mr. Strictman, called me into his office. He told me that last night, Mr. Sparkles, the janitor, had looked out the window to see a person who looked like me running away from the computer lab. The person was wearing a Mets cap. I almost always wear a Mets cap at school, but I can name at least six other students who wear Mets caps like mine.

Mr. Strictman then showed me a paper with senior grades on it with mine among them. He told me that the school had found that my calculus grade had been changed. But when I looked at the names on the list I saw that Pat P. Gram's calculus grade had also been changed from a 60 to a 78. I know he was worried about finishing high school on time and he needed at least a "C" in order to graduate. I know his grades because I am his private tutor. He is really very smart. Together we won an award in a computer contest. In fact, he is as good in computers as I am; he just doesn't live up to his potential in calculus. I told Mr. Strictman Pat could have changed both grades to draw attention away from him and towards me. He said he would look into it.

I was also told that my notebook had been found in the lab and in the back were scribbled Pat's grades. That was easy to explain. I had accidentally left my notebook in the lab during regular computer class the day before. I keep a record of Pat's grades to see if my tutoring is really helping him or not.

A few weeks after that meeting, the police charged me with hacking into the school's data base. In the meantime, final senior grades had been posted. Actually, my final average was slightly above Ari's even without alteration of grades. Because of this indictment, the valedictorian award was given to Ari when it rightfully should have been mine. The only evidence to indicate that I hacked into the school computer and changed grades, or even broke into the school, is purely circumstantial.

Testimony of Ms. Calcompute
I'm Ms. Calcompute. I teach calculus and computer programming to juniors and seniors at Riverside High School.

When I arrived at school the morning of May 26, I received a notice to report to the teacher's lounge immediately with my grade book. Other senior teachers were called to the meeting as well. The principal, Mr. Strictman, informed us that the computer lab had been broken into after school the day before, May 25. Someone had hacked into the senior data base. He wanted us to make copies of the grades that we had for the students with last names G to H, the names that had appeared on the monitor.

At the end of the day, I was again called into the principal's office. This time, however, he told me two of my grades had been changed and asked my opinion of both the students. I told him Harvey Hacker and Pat Gram worked well as a team in computer club and had won some computer competitions together. Pat P. Gram is a genius when it comes to computers, and capable, but doesn't push himself in calculus. In fact, Harvey was currently tutoring him in calculus.

Harvey is one of my best, and favorite, students. He frequently tutors other students when they need assistance. He certainly didn't need to hack. His lowest grade was a 94 in the third marking period. I told Mr. Strictman I was confident Harvey would be able to win, or at least tie for the valedictorian award with Ari, without any alteration of grades.

INSTRUCTIONS

The prosecution must prove beyond a reasonable doubt that Harvey R. Hacker hacked into the senior class data base and changed his calculus grade in order to win the valedictorian award.

SUB-ISSUES

1. Is it legal to deny Harvey R. Hacker the valedictorian award because he is accused of hacking?
2. Can the court convict Harvey R. Hacker if all the evidence against him is circumstantial?

1. Burden of proof: beyond a reasonable doubt.
2. Credibility of witnesses.
3. Circumstantial evidence v. direct evidence.
4. Computer hacking.

LAW

Computer Hacking-Intentional and unjustified access by a person not authorized by the owners or operators of a system constitutes criminal behavior and is punishable by fine, prison sentence, or both.

Back to TOC

FACTS

Clena Air is suing Groe N. Stuff for disrupting public peace and safety and spreading foul odors over the community. Groe is Clena Air's neighbor and has lived in the community for 15 years. He has been keeping a compost pile for approximately one month now. The problem is that the pile is emitting foul odors, and at times attracting wild animals because of its location near woods. Clena and other members of the community have politely asked Groe to remove the compost pile from his yard and into the trash can. Nothing has been done, even after the community created and signed a petition asking Groe again to remove the compost pile. A recent close encounter by Phoebe, one of the Air children, with a rabid raccoon has prompted Clena to bring Groe and the problem to court.

ISSUE

Was Groe N. Stuff responsible for endangering and spoiling the community with a compost heap?

WITNESSES

For the Plaintiff
Clena Air
Phoebe A. Air

For the Defense
Groe N. Stuff
Pearl "Pea" H. Dee

WITNESS STATEMENTS

Testimony of Clena Air
I have been in this neighborhood for eight years and have never had a problem with any of the other neighbors, except for Groe N. Stuff. He moved here before I did and was never really friendly to me or any of the other neighbors living around him.

One day I smelled a strange odor around my house. I didn't think too much of it and went on with my everyday activities. Soon, I discovered that there was a compost heap in Groe's backyard. I asked him very politely if he would dispose of it due to its foul odor. He snapped back at me, saying that it was his property and he had the right to do whatever he wanted. I decided to leave him alone and give him time to cool off.

About a week later, I went back to Groe N. Stuff's house-this time with a petition. During the week, 20 of my neighbors said that they too had smelled the foul odor and thought of it as unsanitary so I asked them to sign the petition. When I showed this to Mr. Stuff, he ignored it-barely even looked at the petition.

Later that month, my husband and I went out to dinner, leaving our 12-year-old daughter Phoebe at home. That night, Phoebe barely escaped getting bitten by a raccoon with rabies. The raccoon had come because of the compost heap. Because my poor Phoebe has a phobia of such animals as raccoons, she was terrified.

After hearing of the incident, I expected Groe N. Stuff to apologize at least, but he did not even mention it. After over a week had passed and Mr. Stuff hadn't said anything to apologize for the event, I decided to take this matter to court. As a mother and neighbor, I, Clena Air, am suing Groe N. Stuff for the sake of my child, safety and health issues.

Testimony of Phoebe A. Air
I'm Phoebe A. Air and I'm 12 years old. Our neighbor, Groe N. Stuff, has been keeping up a compost pile for a month now. At first, it just smelled bad, but then it began to attract all these different animals. I guess it wasn't decomposing. Anyway, this might seem strange, but I have this phobia of creatures that live by night, or as you might say, nocturnal. Raccoons are part of them.

Well, one evening just before sunset, I was playing some basketball in my backyard and my ball rolled over to the other side of the yard near Mr. Stuff's backyard. I went searching for it and this raccoon just like appeared out of nowhere! I jumped back because it was snarling and drooling like it had rabies. It tried to attack, but I ran away. I called Mom and Dad to come home from dinner and I called Animal Control to catch the raccoon, which they later confirmed had rabies.

I think Mr. Stuff is responsible for what happened and for attracting wild and dangerous animals to our neighborhood. The bad smell also bothers our family so that we don't enjoy being outside the house very often.

Before the scare I had with the raccoon, the community and my parents formed a petition to get Mr. Stuff to stop building up his compost. We all signed. Mr. Stuff didn't do anything about it. He should've gotten rid of the compost pile as soon as he was asked and tried to find another way to help grow his flowers. As I learned, some actions lead to different consequences so you have to learn to analyze them all.

Testimony of Groe N. Stuff
I have lived in this town for 15 years now. About two months ago, I began to do some gardening in my yard, but it didn't work out. I heard that compost helps flowers grow so I began to keep a compost heap. When it began to smell, Mrs. Clena Air asked me if I could eliminate it. I told her that it was necessary for my gardening and I thought nothing of the encounter. Then she got a group of our neighbors to sign a petition for me to eliminate the compost heap. I ignored it because I believed that I had a right to do what I wanted with my property.

Just about a week ago, a raccoon almost bit Phoebe A. Air, Mrs. Air's daughter. Mrs. Air got very upset when I didn't "apologize" for it. Now Mrs. Air is suing me for ruining the neighborhood with the smells of the compost heap and for putting her daughter in danger by attracting raccoons to the yard.

Many people in this neighborhood have compost heaps and the street is almost surrounded with woods. If my compost heap smells, wouldn't all the others here smell, too? And even if it does smell, I have the right to do what I like with my property. Although I may have contributed, I believe that the entire neighborhood is to blame for the odors. I sincerely don't know why they're pointing the finger at me. Maybe it's because I've lived here longer or because of their unwillingness to take the blame for a problem.

I also believe that the only reason that it is such a big deal to Mrs. Air's daughter that she was almost bitten is because she is extremely scared by raccoons and other animals like them. To anyone else, it wouldn't be a big deal. I'd say that the whole incident was based purely on luck and chance. My compost heap just happened to attract wild animals and it just happened to attract a rabid raccoon. You really can't blame anyone based only on chance. Therefore, Mrs. Clena Air is wrong to sue me for "polluting" the area. If anything, she should sue the entire neighborhood and none of the details should be made to include anything about her daughter's experience.

Testimony of Pearl "Pea" H. Dee
My name is Pearl H. Dee, but people like to call me "Pea." I'm a lab technician in Washington, D.C. I've known Groe N. Stuff from when we lived in the same neighborhood 20 years back. He's always been friendly, trustworthy and modest. When I learned about him being hauled into trial, I was very surprised. Even the topic surprised me: a compost pile. I remember that he used to keep a flower garden by his house; well, at least he tried. No matter what he did, the flowers would always come out small and abnormal or wilt all the time. Nothing would help!

Later he moved to New Jersey and we kept in touch. In New Jersey, Groe found a method using compost to help growth. It created wondrous effects! His flowers were in full bloom!

As for the smell, anything like that is bound to smell, even if it's potpourri. It's decomposing, what do you expect?

Wild animals, including raccoons, tend to like garbage. But even so, the compost isn't the main reason. You do have to consider the fact that you are clearing the woods to establish a small shopping center, which is destroying the animals' habitat. Their natural food source is disappearing and they have to resort to other sources. I do not believe that Groe is responsible for that incident with the child and the raccoon, and he has every right to do whatever he wants with his property, as long as he is following the law-and I know he is. He isn't violating any ordinances set by his township and his record is clean as far as I know. I say that this whole case should be dropped. Mr. Stuff obviously hasn't done anything wrong.

INSTRUCTIONS

The plaintiff, Clena Air, must prove by a preponderance of evidence that Groe N. Stuff has endangered and spoiled the community with his compost heap.

SUB-ISSUES

1. Did Clena Air really want to sue for both her daughter's encounters with the raccoon and the safety of the community? Or did she purposely say that to file a bigger lawsuit?
2. Is Clena Air trying to get back at Groe N. Stuff for being rude to her?
3. Did Groe N. Stuff know about the odors, which come from a compost heap before he decided to keep one of his own?
4. Was Groe N. Stuff trying to get back at the neighbors (especially Clena Air) by keeping his compost heap?

1. Burden of proof: preponderance of evidence.
2. Credibility of witnesses.
3. Circumstantial evidence vs. direct evidence.
4. Nuisance by one person vs. nuisance by a group of persons.

LAW

1. If a person is/or causes a nuisance to others, the person(s) affected have the right to bring the problem to court.
2. A person has a right to do anything he needs and/or wants to with his/her property as long as it follows the guidelines of the land ordinances set by the community/township.
3. Persons who endanger a community in any way are susceptible to fines or imprisonment and community service that the jury finds fit.

Back to TOC

FACTS

Quiet Court is a cul-de-sac situated in the suburban municipality of Twinkletown. Many of the residents of Quiet Court have lived on the quiet street for several years and enjoy the privacy that the cul-de-sac provides. One year ago, Nick Jolly and his family moved into a house on Quiet Court. At Christmastime he put up a spectacular, outdoor holiday light display. Twinkling lights covered his home, garage, trees and shrubs and animated holiday figurines and a nativity scene lined Mr. Jolly's circular driveway. There were so many lights that Mr. Jolly rented an outdoor generator to supply enough power for all the display's electrical needs.

The display created such a sensation that people in the surrounding towns came to view it, parking their cars and walking along Nick Jolly's driveway to enjoy the decorations. At the end of the driveway Mr. Jolly placed a box for donations to the SMILE Foundation, a charity that provides help for terminally ill children.

The residents of Quiet Court were not happy about the traffic congestion and the crowds of people that Nick Jolly's outdoor holiday display attracted to their quiet street. Jack Frost, a resident of Quiet Court and a neighbor of the Jolly Family, expressed his concerns directly to Nick Jolly regarding the inconvenience and annoyance that Mr. Jolly's display created.

This year, Mr. Jolly has again put up his outdoor light display, adding some additional decorations. A local newspaper interviewed the Jolly Family and published an article about Nick Jolly and his spectacular, free outdoor holiday exhibit.

The residents of Quiet Court are not happy about the increased traffic congestion and amount of people that the outdoor light display is again bringing to their street. They feel that the display is a nuisance, interfering with the enjoyment of their lives and property.

ISSUE

Does Nick Jolly's outdoor holiday display constitute a nuisance?

WITNESSES

For the Plaintiff
Jack Frost, resident of 8 Quiet Court
Will Control, police chief of Twinkletown

For the Defense
Nick Jolly, resident of 6 Quiet Court
Anne Joy, resident of Twinkletown and visitor to Mr. Jolly's holiday display

WITNESS STATEMENTS

Testimony of Jack Frost
My name is Jack Frost. I reside at 8 Quiet Court in Twinkletown and have lived at this address for over 10 years. I am representing the residents of Quiet Court who are unhappy with the traffic, noise and crowds of people that Nick Jolly's holiday outdoor light display engenders.

Many of us on Quiet Court also put up lights and decorations to celebrate the holiday season. However, we never experienced the traffic congestion and crowds of people parking and walking around our street until Nick Jolly put up his display. Last year, there were so many people and cars that it was difficult to get into and out of our street. Traffic was backed up onto the main road. On some nights, my wife and I could not even get our car into our driveway.

Traditionally, I always invited family and friends to our home for a holiday gathering. Now this is impossible with all the lights, parked cars and congestion. Cars block our driveway, there is no parking for our guests and people walk over my front yard to get to the display. In addition, the noise of the generator bothers my wife and me. It is located on the side of the house near our bedroom windows and keeps us awake at night.

Last year, some of my neighbors and I spoke to Mr. Jolly about the inconvenience and the annoyance that his display generates for the other residents on Quiet Court. Sure, the display is nice, but no one who comes to see it realizes how annoying it is for the other neighbors. This year, with additional figurines and lights as well as the publicity from the local newspaper article describing the free light spectacle, we are anticipating even larger crowds and even more inconvenience and annoyance.

Enough is enough.

Testimony of Chief Will Control
My name is Will Control and I am currently chief of the Twinkletown Police Department. Last year our department received various complaints from residents of a cul-de-sac called Quiet Court regarding traffic congestion and crowds of people due to a massive, outdoor holiday light display on Nick Jolly's property. The traffic situation was described by one caller as resembling "a highway during rush hour."

I sent one of my police officers to the scene. He reported that not only were people parking their cars and meandering along Mr. Jolly's driveway, but they were also crossing over and walking on the property of the other neighbors. Wherever there weren't cars, there were people. He noticed that several cars were parked illegally in front of driveways and he ticketed the vehicles. The traffic was overflowing onto the main road and causing congestion. He took control of the situation by directing the flow of traffic.

After this, I continued to send one of our few night shift police officers to Quiet Court for the remainder of the holiday season to monitor the situation and direct traffic and the flow of people when needed. Since Mr. Jolly's holiday display this year is again causing traffic congestion, I have adopted the same policy as last year. This is a small police force and even one police officer assigned to duty on Quiet Court on a nightly basis makes a huge difference.

Testimony of Nick Jolly
I love the holiday time of year. To me, the spirit of the holiday means lots of lights and decorations and the giving of gifts. Every year since I have been married, my wife and I have decorated the outside of our house. Over the years, I have acquired quite a few moving figurines and enjoy adding new ones to my holiday collection. Two years ago, when we moved to Quiet Court, we were very excited about the bigger house and larger amount of property that we would now have to decorate. The large circular driveway seemed a perfect place to create a pathway for people to walk and enjoy my glass-encased holiday scenes such as Santa's workshop, the nativity and Santa and his reindeer. Some of the animated figurines have been in my family for years.

The lights are so extensive that I need to rent a generator to provide enough electricity. I know this is an added expense, but I look upon it as my gift to the community. I only operate the generator until 11 p.m. on weekday nights and until midnight on weekends. The display lasts from the weekend after Thanksgiving until January 6. Many families love how I decorate the outside of my home. I have received many compliments and people tell me that they love coming to the free exhibit with their children. I do not accept any money to pay for the costs I incur.

However, since some people are so appreciative of my display, I have put out a box for donations to the SMILE Foundation, a charity that helps the families of terminally ill children. Last year, people donated over $1,000 to SMILE and this holiday season I hope to raise even more for this worthy cause.

The display is entirely on my property. To me, this is what the holiday season is all about-making people happy, seeing families enjoy themselves and giving to the community and to those in need.

Testimony of Anne Joy
I am Anne Joy, a resident of Twinkletown. Last year, I took my three children to the Jollys' holiday display and they begged me to take them back again. Due to a busy work schedule, I did not find the time to visit again. This year we have already gone twice. Each time I see the display, it seems to get better. My family absolutely adores Mr. Jolly's creation. Everyone is joyful and full of the holiday spirit. I have spoken with other residents of the community and they have told me that they also enjoy it. It is so popular that the local newspaper has written an article about Nick Jolly and the work that goes into setting up such a big display.

More people like Mr. Jolly are needed in this world. He gives of himself not only for the community, but also to help the children aided by the SMILE Foundation. I myself donated to the charity when my children and I visited Nick Jolly's display. Mr. Jolly's decorations definitely put me in the holiday spirit!

INSTRUCTIONS

The plaintiff must prove by a preponderance of evidence that the defendant's outdoor holiday display interferes unavoidably with the enjoyment of life and/or property of others in the community. The standard for nuisance is that of definite offensiveness, inconvenience or annoyance to the average person in the community.

SUB-ISSUES

1. Does Mr. Jolly have the right to put up the holiday display?
2. Does a town have the right to restrict such displays?
3. If the decorations were to be restricted or limited, are we eliminating or abridging the rights of the people under the First Amendment?
4. Do the rights of the few who are inconvenienced or annoyed take precedence over the rights of the many?
5. Did Mr. Jolly have an obligation not to cause any inconvenience or annoyance to his neighbors once he was advised of their feelings and situation?
6. Is Mr. Jolly responsible for the traffic congestion?
7. Does the length of time that the display is up affect the validity of any complaints pertaining to it?
8. Is the safety of the residents of Twinkletown compromised?

1. Burden of proof-preponderance of evidence.
2. Definition and standards of nuisance.
3. Rights of minority and majority.
4. First Amendment rights.
5. Credibility of witnesses.
6. Common law.

LAW

The First Amendment of the U.S. Constitution states: "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech…or the right of the people peaceably to assemble…." In common law, nuisance is defined as any act which interferes unavoidably with the enjoyment of life or property. The standard for deciding on nuisance is definite offensiveness, inconvenience or annoyance to the normal person in the community. For an action to be labeled a nuisance, the defendant must have created or continued the condition causing the nuisance with full knowledge that the harm to the plaintiff's interests is substantially certain to follow.

New Jersey Statute 26:3-45: Power to define "nuisance." The local board may pass, alter or amend ordinances and make rules and regulations to declare and define what shall constitute a "nuisance" in lots, streets, docks, wharves, vessels and piers, and all public or private places within its jurisdiction.

Town ordinance: It shall be unlawful for any person to make, continue or cause to be made or continued any loud, unnecessary or unusual noise or any noise which either annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of others within the limits of the township.

Town ordinance: It shall be unlawful for any person to cause or contribute to any excessive, unnecessary or unusually bright or blinking lighting or any lighting which either annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of others within the limits of the township.

Back to TOC

FACTS

The city of Marsh Lakes, through eminent domain, took control of three of the largest lakes in the rural municipality in 1990. Todd and Kate McPherson have owned a large estate on the northern shore of Lake SunView since 1981. The municipality attempted to have the McPhersons remove their 200-foot dock and marina area from the lake. The McPhersons took the municipality to court and the court allowed the dock and marina to remain since it was "grandfathered," which means that it was a preexisting condition prior to the ownership and regulation by the municipality.

Due to the exploding use of wave runners and personal watercrafts which are rented by the municipality at the newly created beach on Lake SunView, the wakes are beginning to destroy the docks and boats docked at the McPhersons' marina. The wakes are loosening the poles and mooring of the dock and constantly pounding the boats against the fixed structures. The municipality tells the McPhersons it is not their problem since the wakes are created by the renters of the watercrafts over whom they have no control. The McPhersons consider it a nuisance created by the municipality since the municipality created the beach and established the rental business for its profit. The McPhersons have sued the municipality to cease and desist the rental and use of wave runners on the lake and for damages.

ISSUE

Can the municipality be made to cease and desist the rental and use of wave runners on the lake and be made to pay for the McPhersons' alleged damages?

WITNESSES

For the Plaintiff
Lori Bass
Courtney Smith

For the Defense
Lee J. Jones
Kathey Storley

WITNESS STATEMENTS

Testimony of Lori Bass
My name is Lori Bass and I am the marine specialist engineer and contractor hired by the plaintiffs to assess the damage to their dock. I found severe loosening of all poles and pilings holding the dock. I also found cracks and premature wear to the wood and structure of the dock. All damage to the dock has been caused by the continuous wakes created by the personal watercraft being used on the lake and rented by the municipality. The dock is presently in an extremely weakened condition, requiring immediate repair.

No repair, however, will stop the damage as long as the personal watercrafts are used on the lake and cause the wakes. The problem is the vast number of wakes created by the personal watercrafts, which would not be created by boats on the lake. If the matter is not immediately addressed and corrected, the plaintiffs will suffer loss and collapse of their dock.

Testimony of Courtney Smith
My name is Courtney Smith. My boat, the Star Searcher, is docked in slip #12 of the plaintiffs' marina. My boat has been docked at their marina since 1993. I have never experienced damage to my boat or the dock area prior to the municipality beginning the rental of wave runners. Since it appears that the main purpose of wave runners is speed and the creation of large and multiple wakes, I am concerned for my boat. I have experienced a small crack in the hull of the boat and there is considerable wear to the paint and fiberglass from rubbing against objects due to the wakes.

Testimony of Lee J. Jones
My name is Lee J. Jones. I am a city councilman and am responsible for health and recreation in the municipality of Marsh Lakes. Part of my duties is to regulate and control use of Lake SunView's beach and the rental business concerning personal watercraft. It is my position that once the municipality rents the personal watercraft, the obligation to operate it safely is that of the renter. The municipality has no control over the renter, the use of the personal watercraft or any wakes it may create. Wakes are natural to use of personal watercraft. The municipality should not be responsible for damages which might be created by a natural occurrence.

Testimony of Kathey Storley
My name is Kathey Storley and my position is chief lifeguard at Lake SunView beach. Part of my duties is to oversee the rental of personal watercraft. I have directed that all of the municipal employees renting such watercraft specifically tell each renter to watch their wake and not to drive fast or create excessive wakes in the area of the plaintiff's dock and marina. It is impossible for me to police the situation from my station on the beach concerning those persons using the watercraft.

INSTRUCTIONS

The plaintiff must prove by a preponderance of the evidence that their only remedy to stop the destruction of their dock is to ban personal watercraft use from the lake and must also prove that the damage to their dock was caused by the acts or actions of the municipality in renting the personal watercrafts.

SUB-ISSUES

1. Can the municipality be held responsible for the acts of other people?
2. Is there a remedy short of banning personal watercrafts from the lake?
3. Is there another cause for the damage to the dock?

1. Credibility of witnesses.
2. Preponderance of the evidence.
3. Burden of proof.
4. Amount of damages.

LAWS

N.J.S.A. 12:4-3 states, "The owner or holders of all docks…may recover for any damages done to the same."

Public entity liability for nuisance is recognized under Torts Claims Act. N.J.S.A. 59:2-2, 59:4-2

Birchwood Lakes Colony Club, Inc. v. Borough of Medford Lakes, 449 A.2d 472, 90 NJ 582 (1982).

Intentional invasion of another's use and enjoyment of land is unreasonable, for purpose of liability for private nuisance, if gravity of harm outweighs utility of actor's conduct or harm caused by conduct is serious and financial burden of compensating for this and similar harm to others would not make continuation of conduct feasible.

Birchwood Lakes Colony Club, Inc. v. Borough of Medford Lakes, 449 A.2d 472, 90 NJ 582 (1982).

Back to TOC

FACTS

George Eboy, Bob McEntosh and Steve Enn were once all friends. After a disagreement on May 25, 1999, George no longer was friendly with Bob or Steve.

On June 5, 1999, at approximately 8 p.m., George opened an e-mail titled "Apology," which had been sent in Bob's name. The e-mail contained a brief message that said, "Sorry. Friends? P.S. Open the attachment." George opened the attachment only to discover a smiley face that turned into a bomb, said "ha, ha" and proceeded to destroy the hard drive of George's computer.

Detectives from the Computer Crimes Division investigated and verified that the e-mail had been sent from Bob's computer at 3:03 p.m. on June 5, 1999.

The State is charging Bob with malicious mischief.

ISSUES

Is Bob guilty of intentionally sending a virus-laden e-mail to George?

WITNESSES

For the Plaintiff
Steve Enn
Ken Pewter

For the Defense
Adrian Jones
Bob McEntosh

WITNESS STATEMENTS

Testimony of Steve Enn
On June 5, 1999, I was at Bob McEntosh's house in his room. He was on his computer and had accessed his e-mail. Since he had been bragging about a virus he downloaded from the Internet, I was urging him to get off the computer because I was afraid he would send it to someone. He just ignored me, though.

Fortunately, the phone rang a bit before 3 p.m. and Bob left to pick it up. I noticed the time since I had to leave Bob's house by 3:15 p.m. that day to go out with Adrian, my girlfriend at the time. Bob came right back in his room to tell me it was Adrian on the phone. I went into the kitchen to take the call. Not only did Adrian break up with me on the phone, but she also told me she was thinking of going out with Bob! I hung up and went back to Bob's room. He was still fiddling with his e-mail while I grabbed my jacket and stormed out of his house.

Testimony of Ken Pewter
I am a detective in the Computer Crimes Division. I am a graduate of the Massachusetts Institute of Technology, where I received a master's degree in computer science. I have worked for the New Jersey State Police as a computer programmer and detective for the past 10 years.

My investigation for this case revealed a virus contained in an attached file. The subject of the e-mail was titled "Apology." Inside the e-mail the message said, "Sorry. Friends? P.S. Open the attachment." Opening the attached file would cause the computer hard drive to erase.

I determined that the virus-laden e-mail was transferred from the defendant's computer to George Eboy's computer on June 5, 1999, at 3:03 p.m. Bob McEntosh's computer had 500 MHz, which means it was a very fast computer. It could download a virus and send information very quickly.

Testimony of Adrian Jones
I attend Central County High School and know George Eboy, Steve Enn and Bob McEntosh. On June 5, 1999, I was supposed to have a date with Steve Enn, my boyfriend at the time. I had been thinking of breaking up with Steve because he was more interested in spending time with his computer than with me. All he ever talked about was computers.

When I called Bob's house that afternoon to remind Steve about our date that night, he started again with the computer talk. I had enough. I told him he could forget about our date. In fact, he could forget about us. I asked him why he couldn't be more like Bob, who liked computers but wasn't so obsessed with them. I guess I shouldn't have broken up with him over the phone, but I realized that this was the end of our relationship.

I got to know Bob better after I broke up with Steve and we started dating a few weeks later. We're still together.

Testimony of Bob McEntosh
On June 5, 1999, I was bored so I invited my best friend, Steve Enn, over. Usually when Steve visited, we would spend part of the time on the computer. Steve taught me a lot about computers.

That day, we went on the Internet so I could send e-mail to my cousin in California. The phone rang a little before 3 p.m. and I went to answer it. It was Adrian, who asked to speak with Steve. I yelled a couple of times back to my room for Steve to come pick up the phone, but he didn't reply. When I went to get him, he said he hadn't heard me.

While Steve talked with Adrian, I got a drink from the refrigerator. I could tell the conversation was not going well so I wandered out of the kitchen to give Steve some privacy.

By the time I got back to my room, Steve had hung up the phone and was right behind me. As he got his stuff together, Steve started saying that I had stolen Adrian from him. I didn't know what he was talking about, but he wouldn't talk to me. He stormed out. I shut down the computer and went after him, but he was gone.

INSTRUCTIONS

The prosecution must set out such a convincing case against the defendant that the jury believes "beyond a reasonable doubt" that the defendant is guilty of having intentionally sent a virus-laden e-mail.

SUB-ISSUES

1. Can the State prove that Bob sent the e-mail?
2. Are Steve and Adrian reliable witnesses?
3. Is Bob truthful?

1. Burden of proof: beyond a
2. reasonable doubt.
3. Credibility of witnesses.
4. Circumstantial evidence vs. direct evidence.

LAW

N.J.S.A. 2C:17-3 (a) (2)

Third Degree Criminal Mischief

Back to TOC

FACTS

Arthur Tiller and Belinda Sparrow were next-door neighbors in the small country town of Wrenville. Belinda had lived in Wrenville approximately eight years, while Arthur had moved there about six months ago. Both Arthur and Belinda had big backyards, bordered by woods, which were perfectly suited for their hobbies. Arthur loved gardening and landscaping in his yard. Belinda had been an avid bird watcher since she first moved to Wrenville. By the careful placement of bird feeders, birdbaths and shelters, she had attracted many different birds to the trees and shrubs of her yard.

About a month ago, Arthur noticed that something was doing damage to his backyard. He soon discovered that small animals-gophers, squirrels and rabbits-were digging up his gardening and landscaping work. Not wanting his expensive, picture-perfect landscaping to be ruined, Arthur was determined to get rid of these pests. He tried spraying them with a hose, as well as a variety of scare tactics, but the animals would always return.

Arthur then contacted an exterminator. The exterminator first used traps, which greatly reduced the number of small animals going onto Arthur's property. But a few animals continued to damage his yard and Arthur looked for another remedy. Finally, the exterminator recommended that Arthur install some Pest-Away rods. These ultrasonic devices emitted a high frequency which could not be heard by humans, but which was very annoying to gophers, squirrels and other scavenging animals. Arthur bought 20 rods and had the exterminator install them on his property.

The Pest-Away rods worked like a charm. Just two days after the devices were installed and activated, there were no signs of rabbits, gophers or other animals in Arthur's backyard. Arthur resumed his beloved gardening and landscaping without further interruption. But all was not well in Wrenville. Much to Belinda Sparrow's surprise, the Pest-Away rods' high frequency was bothersome not only to small animals, but to birds as well. Each day that the Pest-Away rods were transmitting, the number of birds on Belinda's property decreased. Only two weeks later, Belinda's backyard was empty of her feathered friends. This situation distressed not only Belinda, but also members of the local bird watchers' club and other residents of Wrenville who loved the yard at the Sparrow house and would often drop by to see the birds.

When Belinda realized that the Pest-Away rods were the cause of her problem, she asked Arthur to discontinue use of these devices so that the birds would return to her property. Arthur said no, claiming that he needed the rods to keep the animals from disturbing him and ruining his yard. A few more weeks went by and nothing changed-the birds were gone. Belinda filed a lawsuit against Arthur, claiming that Arthur's use of the Pest-Away rods created a nuisance, which infringed upon her right of enjoyment of her property. Belinda wants the court to order Arthur to remove the Pest-Away rods.

ISSUE

Is Arthur Tiller's use of the Pest-Away rods a nuisance which unreasonably infringes upon Belinda Sparrow's right of enjoyment of her property? Should the court prohibit Arthur from further use of these devices?

WITNESSES

For the Plaintiff
Belinda Sparrow
Homer Pigeon, president of the Wrenville Bird Watchers' Club

For the Defense
Arthur Tiller
Patricia Ridder, a local exterminator

WITNESS STATEMENTS

Testimony of Belinda Sparrow
I have lived in Wrenville for eight years. I bought this property because it has a large, beautiful backyard with lots of trees and bushes. I've read many birding books to learn how to attract different kinds of birds.

I have been quite successful with my birding activities and frequently have had many beautiful birds visiting my yard-until Arthur moved in and put those Pest-Away rods into the ground. He had used traps first and they worked well enough to keep the animals away. But Arthur was so obsessed with his gardening and landscaping that he wanted every last squirrel, gopher and rabbit out. He knew when he moved here that there were woods behind his yard. If he can't put up with at least some small animals visiting his property, he shouldn't have come here from the city. And he knew about my birds when he moved in. He should have chosen other things, like putting up a wire fence around his property, which wouldn't affect the birds.

I love birds; they are an important part of my life. Now they have disappeared. Everything is quiet, too quiet. I want things to return to how they used to be so that I can see and listen to the beautiful creatures that previously would come to visit me every day. Arthur Tiller's anti-animal activities are just overkill and he has deprived my property of birds!

Testimony of Homer Pigeon
I am the president of the Wrenville Bird Watchers' Club. I am an enthusiastic bird watcher and I have known Belinda Sparrow for eight years, ever since she moved into our town. I recall first speaking with her when she came to one of our club meetings. She told me that she had bought her property because it was large and close to the woods and that it was in the migration path of many birds. She intended to turn her backyard into a bird watchers' paradise.

Well, she did just that. The backyard was beautiful. The birds were singing and many different species would fly in during the year. Belinda frequently watched and listened to the birds. She had a big picture window installed in the rear of her home for bird watching. And she was always so loving and kind to the birds.

We often had our club meetings at Belinda's house. In the warm weather months, we would meet outside in her backyard. Our membership even increased as other people heard of this wonderful spot. People in the neighborhood would stop by and look in awe at all the beautiful birds. Belinda welcomed everyone.

Arthur Tiller changed all that. He started using those Pest-Away rods and away went the birds. Belinda was crushed! She needs those birds back and so does the neighborhood. I know that animals were digging up Arthur's yard, but I don't think his problem was that bad. This is a country town surrounded by woods. We all live with one kind of animal or another scurrying through our properties. Only Arthur has made a big issue out of it! Frankly, I think that he just doesn't like animals or birds at all.

Testimony of Arthur Tiller
I moved here to get away from crowded city life and live in the country, but I certainly was not looking for animals to overrun my property. Gophers and rabbits were digging up my gardens. Squirrels were ripping up my landscaping while running around and looking for food. I tried spraying them with a hose and scaring them with fake predators, but that didn't work at all. Then my exterminator installed traps and, while they helped cut down on the pests, they didn't get rid of all of them. I put a lot of time, money and effort into my gardening and landscaping. And I've already spent hundreds of dollars and many hours fixing up what those furry creatures have ruined. That's why I was so glad to find the Pest-Away rods-they worked!

I'm sorry that Belinda's birds also were affected, but I have a right to protect my land from four-legged invaders. What does Belinda want me to do, remove the Pest-Away rods so that these pests come back to my yard? Besides, not having birds on your property isn't the end of the world. Belinda can still sit outside and enjoy her backyard even without the birds-her land wasn't being dug up like mine! I have nothing against bird lovers or birds, but if Belinda and her friends want to see birds, they can go take a walk in the woods.

Testimony of Patricia Ridder
I own Ridder Extermination Services in Wrenville. I specialize in the control of gophers, squirrels and other scavengers. Mr. Tiller had been calling us for a number of weeks due to problems he had with small animals digging up his gardens. When we came out to his address to take a look, it was obvious that the animals had done damage to his yard.

We tried settings traps and that cut down on the number of rabbits, squirrels and gophers running though Mr. Tiller's property, but a number of animals would still return. So Mr. Tiller wanted a better solution. Finally, we recommended the Pest-Away rods because the ultrasonic sound was much more effective than other options. We sank the rods at various points at the edge of his property and they worked well. It's a shame about Ms. Sparrow's birds, but she didn't have to put up with damage to her yard like Mr. Tiller did with those darn animals.

I also would like to point out that Mr. Tiller is not the only person who has the Pest-Away rods on his land. We've sold these devices to other people in town, usually the newer residents. While many folks tolerate animals running through their backyards out here in the country, at least five families in Wrenville have had the Pest-Away rods installed in the past year alone. Our customers are usually the ones with the nicely groomed yards, who, like Mr. Tiller, are entitled to keep their land free of pests. That's why a company like mine remains in business.

INSTRUCTIONS

The plaintiff must prove by a preponderance of the evidence that the defendant's activities unreasonably infringed upon her right of enjoyment of her property.

SUB-ISSUES

1. Is it a nuisance when Arthur acts solely to eliminate a condition which is damaging his own property and has no intent to interfere with Belinda's enjoyment of her property ?
2. Is the departure of the birds as a result of Arthur's installation of the Pest-Away devices a substantial interference with Belinda's right to enjoyment of her property or is it merely a petty annoyance which Belinda must accept as an inevitable part of everyday living with other people in society?
3. Is Arthur's conduct reasonable under the circumstances? While every person is privileged, within reasonable limits, to make use of his/her own property at the expense of the convenience of others, was Arthur reasonable in using the Pest-Away rods in light of the fact that:
   1. he chose to move into and landscape in a community where small animals frequently ran through people's yards and
   2. Belinda's birding yard had already been established before his arrival?
4. What obligation does Belinda have to avoid or minimize the harm caused by Arthur's activity by finding other ways to satisfy her bird-loving activities?
5. How relevant are local community values with regard to Arthur's use of his land as opposed to Belinda's enjoyment of her property? Are these community values