Tort Law Chapter 11 Quiz

Name:

True/False
Indicate whether the statement is true or false.

“Coming to the nuisance” is a defense to public nuisance actions.

In private nuisance law, unreasonable uses are defined by the reasonable person standard, which is usually a community standard.

A public nuisance can affect only a single person.

Under public nuisance, the public’s common legal rights are affected.

Absolute liability is the same as negligence.

Tort defenses are not applicable in wrongful death actions.

Wrongful birth cases sometimes involve birth defects.

Wrongful death actions are often controlled by statute.

Death is a necessary element of a wrongful death case.

10.

Mandamus is a type of money damages for nuisance actions.

Multiple Choice
Identify the choice that best completes the statement or answers the question.

11.

An unreasonable or unlawful use of one’s real property that injures another person or interferes with another person’s use of his or her own land is called

a.	Negligence per se.
b.	Nuisance.
c.	Toxic tort.
d.	Absolute liability.
e.	None of the above.

12.

Which of the following best illustrates a private nuisance?

a.	Karen has raised hogs on her farm since 1990. Cassandra began a subdivision development adjacent to the farm in 1992. The smell from Karen’s farm has severely reduced lot sales in Cassandra’s subdivision.
b.	Walter Whacko sells pornographic literature at his “camera shop” downtown across from an elementary school. The city prosecutor filed a criminal complaint to shut down Whacko’s operation under a local ordinance.
c.	Deatra bought a rock pulverizing machine with which she makes homemade cement. She works at a night job from 10 p.m. to 3 a.m. and then runs the machine from 3 to 6 a.m. before going to bed. The machine can be heard clearly at a distance of five blocks.
d.	All of the above.
e.	None of the above.

13.

Under private nuisance, unreasonable use that substantially interferes with neighboring land uses is defined in terms of

a.	Negligence.
b.	Strict liability.
c.	Offensiveness.
d.	All of the above.
e.	None of the above.

14.

Which type(s) of activity(ies) can constitute private nuisance?

a.	Physical effects on land.
b.	Health hazards or offending sensibilities.
c.	Unwanted associations with neighboring land uses.
d.	All of the above.
e.	None of the above.

15.

The term use and enjoyment is often used in

a.	Nuisance cases.
b.	Negligence per se cases.
c.	Wrongful death cases.
d.	Wrongful birth cases.
e.	None of the above.

16.

When a land user arrives after an alleged nuisance activity exists and has been previously operating, this is called the defense.

a.	“Becoming the nuisance.”
b.	“Coming to the nuisance.”
c.	“Following the nuisance.”
d.	“Nuisance per se.”
e.	None of the above.

17.

Which of the following best illustrates a public nuisance?

a.	Karen has raised hogs on her farm since 1986. Cassandra began a subdivision development adjacent to the farm in 1996. The smell from Karen’s farm has severely reduced lot sales in Cassandra’s subdivision.
b.	Walter Whacko sells pornographic literature at his “camera shop” downtown across from an elementary school. The city prosecutor filed a criminal complaint to shut down Whacko’s operation under a local ordinance.
c.	Deatra bought a rock pulverizing machine with which she makes homemade cement. She works at a night job from 10 p.m. to 3 a.m. and then runs the machine from 3 to 6 a.m. before going to bed. The machine can be heard clearly at a distance of five blocks.
d.	All of the above.
e.	None of the above.

18.

Activities that constitute both a public and private nuisance are called

a.	Really bad nuisances.
b.	Nuisances per se.
c.	Survival statutes.
d.	Mixed nuisances.
e.	None of the above.

19.

An activity that violates a public nuisance statute is called a

a.	Nuisance per se.
b.	Negligence per se.
c.	Mixed nuisance.
d.	Private nuisance.
e.	None of the above.

20.

All of the following are remedies for nuisance except

a.	Money damages.
b.	Abatement.
c.	Injunction.
d.	Liquidated damages.
e.	TROs.

21.

In nuisance cases

a.	Only money damages are awarded.
b.	Injunctions are most often granted.
c.	Equitable remedies are not awarded.
d.	None of the above.

22.

Under a typical wrongful death statute, who may sue the tortfeasor?

a.	Anybody.
b.	The decedent’s spouse.
c.	The decedent’s siblings.
d.	The decedent.
e.	None of the above.

23.

In wrongful death actions, which of the following damages are usually recoverable?

a.	Lost lifetime earnings potential.
b.	Loss of consortium.
c.	Punitive damages.
d.	Both A and B.
e.	Both B and C.

24.

Wrongful birth actions often involve

a.	Abortion.
b.	Death.
c.	Pregnancy.
d.	All of the above.
e.	None of the above.

25.

Loss of consortium is defined as

a.	Lost wages.
b.	Lost use of body parts.
c.	Lost love and companionship.
d.	All of the above.
e.	None of the above.