NUISANCE
- What is the primary concern in a claim of private nuisance?
A. Physical harm
B. Intent to harm
C. Interference with the use and enjoyment of land
D. Trespass to property - Public nuisance differs from private nuisance in that public nuisance:
A. Affects only one individual
B. Involves intentional interference
C. Affects a community or the general public
D. Requires physical harm - In a claim of nuisance, the interference with the plaintiff’s use and enjoyment of their land must be:
A. Minimal and insignificant
B. Unreasonable and substantial
C. Intentional and malicious
D. Accidental and unavoidable - Which of the following is NOT a type of nuisance?
A. Noise pollution
B. Foul language
C. Excessive odors
D. Encroachment - In the context of nuisance, the “reasonable person” standard refers to:
A. A person with exceptional knowledge
B. A person who is overly sensitive
C. An objective standard of what a reasonable person would find acceptable
D. The property owner’s personal preference - Which defense might be used to justify a nuisance that benefits the community as a whole?
A. Contributory negligence
B. Statutory authority
C. Necessity
D. Assumption of risk - In the case of “coming to the nuisance,” a defendant might argue that:
A. The plaintiff has no legal right to sue
B. The plaintiff created the nuisance themselves
C. The plaintiff is hypersensitive to the nuisance
D. The nuisance was present before the plaintiff acquired the property - What is the legal remedy typically sought in a successful nuisance claim?
A. Criminal charges against the defendant
B. Injunction to stop the nuisance
C. Financial compensation for emotional distress
D. Public apology from the defendant - A factory releases harmful chemicals into a river, causing pollution downstream. This is an example of:
A. Private nuisance
B. Public nuisance
C. Statutory nuisance
D. Permissive nuisance - “Coming to the nuisance” is a defense often used when the plaintiff:
A. Sues the defendant for creating a new nuisance
B. Brings the nuisance upon themselves after buying the property
C. Claims the nuisance is too severe to be remedied
D. Experiences temporary interference with their property
ANSWER KEY 1. C 2. C 3. B 4. B 5. C 6. B 7. D 8. B 9. B 10. B