This final exam is composed of FOUR short answers. Each of the four short answers is worth a total of 10 points, for a total of 40 points toward your overall course grade. Each of the four questions on the final requires a word count of approximately 800 – 1000 words per answer (although variance of 100 words in either direction will be acceptable). Variances of more than 100 words will result in a loss of ½ point.
Many of the questions have several parts. Please make sure to carefully read the instructions and respond to every part of the question in your response. You may find it necessary or useful, in your response, to make assumptions about certain facts, or the applicable law. Please clearly identify such assumptions in your answer to the question (e.g. “I assume that the animal cruelty law of East Dakota includes chickens within the definition of “animal” and therefore that the behavior of Mr. Smith constitutes animal cruelty under that statute.”)
You may use any resources that you wish to answer these four questions, but I ask that you NOT discuss your answers with other students in the class until after all exams have been submitted.
Please identify any third-party sources that you use, but do not worry too much about citation format. Citations do not count as part of your required word count.
Be sure to answer ALL FOUR of the following questions. Submit your answers in a single word document.
Questions
Question 1: Consider the Rabit (800 Words)
You will recall that we began our class with a look at a single animal, the rabbit, and thought about how the rabbit might be considered differently under the law, depending on the context in which we find him.
Please identify and describe examples of the protections that would be available to the rabbit (and any shortcomings that you can identify in those available protections), should we encounter this rabbit in each of the following contexts:
Being raised as food;
As an animal used in scientific research;
As a companion animal;
As a performing animal in entertainment.
Question 2: “Butterscotch” or “Buster”? (800 Words)
Ima Aco is a new Animal Control Officer for the town of West Centerville. Officer Aco receives an anonymous call reporting that a dog has been abandoned in a building in Downtown West Centerville. Officer Aco goes to the location, 123 Main Street, and finds a vacant house, with an assortment of household possessions on the curb and no signs of life other than a sweet terrier mix who has been locked inside with a partially-consumed bag of dog food and a bowl that appears to have recently contained water. Officer Aco concludes that the dog has been abandoned, and immediately removes the dog from the home and brings him to the West Centerville Animal Shelter where they name him “Buster.” West Centerville Animal Shelter, finding Buster to be “highly adoptable,” immediately places him in a prominent location on the adoptions floor where he is quickly scooped up by Olivia Owner and her seven-year-old daughter Octavia, who came to the shelter that day hoping to find a dog just like Buster. Olivia thinks that a friendly little dog like Buster will really help painfully-shy Octavia come out of her shell. Olivia and Octavia immediately bond with Buster. As they’re walking out of the shelter, staff overhear Octavia saying “Buster is my best friend!!!”
The following week, Officer Aco receives a frantic call from Tina Traveler, who says she is calling to report a missing dog. Tina had left her terrier Butterscotch (who precisely matches Buster’s description) with Polly Petsitter to watch, in Polly’s home at 123 Main Street, while Tina was travelling abroad for business. Tina travels about two weeks every month, and often relies on petsitters that she finds on a pet care website, usually the day before she’s scheduled to leave (Tina is a little scatterbrained and doesn’t plan ahead). Unfortunately, Polly was evicted from her rental housing last week, on the grounds that she was harboring an illegal animal (Polly did not remember that her lease expressly forbids the keeping of all terriers in the house). Tina says that Polly had temporarily left Butterscotch in the house while she was trying to locate another place to live, and when Polly returned to retrieve him at the end of the day, Butterscotch was missing. Polly posted signs and visited all of the local animal shelters to try to locate Butterscotch before Tina came home, but to no avail. Tina just learned of Butterscotch’s disappearance upon her return from her travels.
You are the City Attorney for the town of West Centerville. Officer Aco contacts you and says “I think we have a problem” and reports the above facts to you.
Please describe each claim that might be brought by Tina Traveler (for each claim, please describe the nature of the claim, against whom it might be brought, and the likelihood of success on the claim). There is no need to cover any claims that we didn’t discuss in class.
If you identify potential claims against Officer Aco or the Shelter (or both) please also describe any potential defenses that they might have (assume that both are part of the City government).
Then, switch hats… you are now a judge being asked to determine the ownership of the dog going forward. Please apply a best interest of the animal standard.
Question Three: Pet Lemon Law (800 Words)
Choose a state that has a Pet Lemon Law. Find a news story online about a person in that state whose animal became sick shortly after purchase. Briefly describe the pertinent facts of the online story (please attach a link to the story when you submit your paper) and make TWO arguments. First, argue on behalf of the pet owner why he or she should be entitled to recovery for the ʺdefectiveʺ animal. Then, make the counterargument on behalf of the seller of the animal why they should not be responsible under the language of the statute. Finally, be the judge. Write a brief opinion describing who should prevail under the statute as written.
Question Four: Animals as Property (800 Words)
Given everything that you’ve learned in this class, should animals remain property or should they fall under some other legal category? Why? Please make sure to reference at least three specific examples from class to illustrate your argument. Keep in mind that there is no right or wrong answer. You will be graded on the lucidity and persuasiveness of your argument.
