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2012-05-31 12:39:45

Nuisance flashcards made from Kaplan Lecture
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  1. What is a public nuisance?
    Unreasonable interference with health safety and morals of the community
  2. Who typically brings public nuisance claims?
    A government actor such as an Attorney General
  3. 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
  4. What is a private nuisance?
    A substantial and unreasonable interference with the plaintiff's use and enjoyment of the plaintiff's land
  5. 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
  6. 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
  7. What is the most common remedy to nuisance? What other remedy is available?
    • Injunctions
    • Damages
  8. 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
  9. 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.