True/False
Indicate whether the
statement is true or false.
|
|
|
1.
|
“Coming to the nuisance” is a defense
to public nuisance actions.
|
|
|
2.
|
In private nuisance law, unreasonable uses are
defined by the reasonable person standard,
which is usually a community standard.
|
|
|
3.
|
A public nuisance can affect only a single person
and be actionable by the prosecutor.
|
|
|
4.
|
Under public nuisance, the public’s common
legal rights are affected.
|
|
|
5.
|
Absolute liability is the same as
negligence.
|
|
|
6.
|
Tort defenses are not applicable in wrongful death
actions.
|
|
|
7.
|
Wrongful birth cases sometimes involve birth
defects.
|
|
|
8.
|
Wrongful death actions are often controlled by
statute.
|
|
|
9.
|
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
land is called
a. | negligence per se. | b. | a nuisance. | c. | a basic
tort. | d. | absolute liability. | e. | none of the above. |
|
|
|
12.
|
Which of the following illustrates a private
nuisance?
a. | Karen has raised hogs on her farm since 2010. Cassandra
began a subdivision
development adjacent to the farm in 2012. 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 10:00 p.m. to 3:00 a.m. and then runs the machine from 3:00
to 6:00 a.m. before going to bed. The machine can be heard clearly at a distance of five
blocks. | d. | All of the above illustrate a private
nuisance. | e. | None of the above illustrates a private
nuisance. |
|
|
|
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 of activity can constitute private
nuisance?
a. | Physical effects on land | b. | Health hazards or offending the 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, the defendant may use 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 illustrates a public
nuisance?
a. | Karen has raised hogs on her farm since 2000. Cassandra
began a subdivision
development adjacent to the farm in 2010. 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 the 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 a night job from 10:00 p.m. to 3:00 a.m. and then runs the machine from 3:00 to
6:00 a.m. before going to bed. The machine can be heard clearly at a distance of five
blocks. | d. | All of the above illustrate a public
nuisance. | e. | None of the above illustrates a public
nuisance. |
|
|
|
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.
|
Which of the following is not a remedy for
nuisance?
a. | Money damages | b. | Abatement | c. | Injunction | d. | Liquidated
damages | e. | Temporary restraining orders
(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 wrongful death statutes, who may sue the
tortfeasor?
a. | Dependents of the dead person | b. | The decedent’s spouse | c. | The decedent’s siblings | d. | The decedent’s estate | e. | All of the above |
|
|
|
23.
|
In wrongful death actions, which of the following
damages is (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. |
|