Card Set Information
Nuisance flashcards made from Kaplan Lecture
What is a public nuisance?
Unreasonable interference with health safety and morals of the community
Who typically brings public nuisance claims?
A government actor such as an Attorney General
When can a private party collect damages for public nuisance?
If the harm suffered by the private party is distinct from the nuisance harms the public in general suffers
What is a private nuisance?
A substantial and unreasonable interference with the plaintiff's use and enjoyment of the plaintiff's land
What is the mental state of defendant's in a nuisance action?
Most private nuisance claims are intentional, but they can technically be negligent as well
What are the five factors to consider when determining whether a nuisance is a substantial and unreasonable interference?
Value of the defendant's activity
Whether there are alternatives
The nature of the locality
The extent of the plaintiff's injury
Who was there first; used to be a definitive argument, but now it is only a factor
What is the most common remedy to nuisance? What other remedy is available?
What must a plaintiff persuade the judge of to get an injunction?
The plaintiff is suffering/will suffer irreparable harm; and
That damages are an inadequate remedy
What is the judge's role if the plaintiff establishes the basic elements required for an injunction?
A judge must do a balancing of the equities to determine whether the plaintiff is entitled to equitable relief.