Lex Bar Rules - Spy Essay

Question 1

A private nuisance occurs when one takes an action which

Answer 1

unreasonably interferes with the use and enjoyment of another person’s land in a unique way to that person rather than to the citizens at large.

Question 2

The remedy for a private nuisance is equitable in nature:

Answer 2

a permanent injunction.

Question 3

To obtain a permanent injunction, the moving party must show:

Answer 3

(i) that the plaintiff has suffered an irreparable injury;
(ii) that remedies available at law are inequitable to compensate for the injury;
(iii) that the remedy in equity is warranted upon consideration of the balance of hardships between the plaintiff and defendant; and
(iv) that the permanent injunction being sought would not hurt the public interest.

Question 4

The defense of unclean hands is

Answer 4

an affirmative defense to an equitable claim.

Question 5

Under the unclean hands doctrine, a party seeking equitable relief must himself not have been

Answer 5

guilty of inequitable or wrongful conduct.

Question 6

Civil appeals from a final judgment of the Circuit Court go to the

Answer 6

Virginia Court of Appeals, and are as-of-right.