Law Terms

Question 1

Nuisance

Answer 1

“Common Law Tort

Tort = a wrongful act or an infringement of a right (other than under contract) leading to civil legal liability.”

Question 2

Private Nuisance

Answer 2

Neighbors conduct interferes with anothers quiet enjoyment. Their impacts extend past their land boundary

Question 3

Public Nuisance

Answer 3

unreasonable conduct that interferes with the public’s right to health, safety, peace, morals, comfort, etc.

Question 4

Easements, Covenents, Licenses

Answer 4

Common law contracts (condo or HOA)

Question 5

Government’s Power to Plan

Answer 5

“Protect public health, safety, welfare

Mint money and create or detroy wealth

Tax and Spend

Take Property

”

Question 6

Police Power

Answer 6

“Power of Govt to protect public health, safety, welfare.

Leg actions are presumed to be valid and constitutional.”

Question 7

Who has “Police Power”?

Answer 7

States > Feds when it comes to any powers not specifically given to the federal govt by the constitution.

Question 8

Dillon’s Rule

Answer 8

Local govt has no powers except those expressly given by the state charter or necessarily implied

Question 9

Home Rule

Answer 9

Local govt has ALL powers unless expressly restricted by the State (public purpose)

Question 10

General Purpose

Answer 10

Cities, counties, school districts have police power

Question 11

Special Purpose

Answer 11

local/regional govts do not have police powers

Question 12

Federalism

Answer 12

Sharing of power between national and state governments (USA)

Question 13

Enumerated Rights/powers

Answer 13

“Speech, assembly, or race, religion, nationality

Commerce Clause (environmental regs, civil rights act)

Treaty Power

Income Tax”

Question 14

Implied Rights/Powers

Answer 14

“Privacy, travel, etc.

Contracts - Impose conditions on receipt of federal funds (transportation congestion mitigation funds)
“

Question 15

1st Amendment

Answer 15

Freedom of Religion, Speech, Petition Govt

Question 16

5th Amendment

Answer 16

“Cannot be deprived of life, liberty, or property without due process of the law.

… nor shall private property be taken for public use, without just compensation”

Question 17

10th Amendment

Answer 17

Powers not enumerated are reserved for the STATES (Police Power)

Question 18

14th Amendment

Answer 18

“No STATE shall make any law which abridge the priveleges or immunities of citizens of the USA

nor shall any STATE deprive anyone of life, liberty, or property without due process, nor deny any citizen equal protection of the law.”

Question 19

Eminent Domain

Answer 19

Taking of property by any govt entity.

Question 20

Inverse Condemnation

Answer 20

goverment ACTION that forces owner to sue

Question 21

Procedural Due Process

Answer 21

Court will examine how a law is administered, applied, enforced

Question 22

Substantive Due Process

Answer 22

“Court will examine the content of the law

Personal Liberty cases

Intermediate - substantially advance a legitimate state interest (agins)

Strict Scrutiny - gay rights, abortion, right to die”

Question 23

Civil Rights Act of 1871

Answer 23

“Originally part of Ku Klux Klan act

Any citizen who is subject to the deprivation of any rights, previleges, or immunities secured by the Constitution shall be liable to the party injured in an action at law.

Can sue for monetary damages and there is no soverign immunity defense”