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22 Cards in this Set
- Front
- Back
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What is nuisance per se?
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A nuisance in and of itself. (dealing drugs)
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What is nuisance per accident?
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Something you are doing that is not normally a nuisance in itself but has become one because of your actions.
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What is private a nuisance?
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A nuisance on a limited number of people or a affecting a single person in the enjoyment of private rights not common to the public.
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What is a public nuisance?
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A nuisance affecting the rights enjoyed by citizens as part of the public (considerable # of people)
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What are remedies for nuisance?
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1. Injuction
2. temporary damages 3. permanent damages |
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When is noise an actionable private nuisance?
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1. when there is injury to health & comfort of ordinary people in the vicinity; and
2. unreasonableness of injury under all circumstances; clear and convincing evidence |
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Lateral support of land w/o building
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If you cause land to slip = strictly liable
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Lateral support of land w/ building
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1. If land would have slipped in natural state = strict liability
2. If land would have slipped only w/ the building = negligence |
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What is subjacent support?
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the right to have the surface supported
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When are you negligent if subjacent support fails?
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Only if the building was erected after the subjacent estate was severed from the surface.
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When are you held strictly liable for not supporting subjacent estate?
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When the land and buildings slip that were there before severance of the subjacent estate.
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What are the two main theories of water rights?
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The Riparian Doctrine & The Prior Appropriation Doctrine
(also state prermit system) |
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What is the riparian doctrine?
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water belongs to riparian proprietors that own land bordering watercourses
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What is the prior appropriation theory and where is it used?
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1st in time, 1st in right, reasonable use
1. western states |
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What is the natural flow theory and is it still used?
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bordering stream or lake
1. may not diminish quantity, quality, or velocity 2. downstream user could enjoin upstreamer 3, not generally used because it limited upstream use and promoted waste |
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What is groundwater?
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Underground water from an underground watercourse (not percolating)
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What are the 4 different doctrines for groundwater?
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1. Absolute Ownership
2. Reasonable Use Doctrine 3. Correlative Rights 4. Appropriative Rights |
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What are surface waters?
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pass over surface of land w/ no channel (runoff, rain, snow, etc.)
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What is the common enemy rule of surface waters?
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it is a common enemy and you can whatever you want to keep it off your land
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What is artificial use of water?
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Commercial use -- you must share
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What is the rule of capture?
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CL rule: you could pump underground groundwater to the total destruction of your neighbor's ability, i.e., you had an absolute right to pump water.
Subsequent cases said the right to pump was subject to wasting rules, i.e., pumpers had to put the water to good use. |
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What is the natural flow theory of surface waters? (civil law rule)
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Owner cannot refuse to take natural drainage, cannot divert it onto the land of another, and cannot alter the rate or flow
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