Nuisance Quiz Flashcards

1
Q
  1. What are some examples of nuisances?
    (a) Ugly paint colors
    (b) Noise
    (c) Dust
    (d) Smoke
    (e) Odors
    (f) Toilet seat planter in the front yard
    (g) All of the above
    (h) B, C, D, and E
A

(h) B, C, D, and E

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2
Q
  1. A nuisance per se and a nuisance as a matter of law are the same thing. True or False?
    (a) True
    (b) False
A

(a) True

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3
Q
  1. The threshold test in nuisance is a test where temporary and permanent damages are available. True or False?
    (a) True
    (b) False
A

(b) False

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4
Q
  1. The balancing of the equities test in nuisance allows for a creative solution or win/win result. True or False?
    (a) True
    (b) False
A

(b) False

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5
Q
  1. The utilitarian test in nuisance balances the harm to the defendant and the public if the nuisance is abated on the one hand and the harm to the plaintiff if the nuisance continues on the other. It is a strict win/ lose test. True of False?
    (a) True
    (b) False
A

(b) False

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