If defendant is found liable in nuisance, a court could permit the plaintiff to end the nuisance in a
reasonable manner. This involves
A) awarding damages
B) issuing an injunction
C) abatement
D) nothing as plaintiff will need to file suit every time the nuisance occurs
Q. #2If defendant cuts down a tree so as to prevent the use of plaintiff's driveway, then the defendant
likely has committed
A) a cause of action in negligence B) nothing wrong
C) a public nuisance D) a private nuisance
Q. #3If a defendant cuts down a tree so that it blocks a road, then the defendant has likely committed
A) a private nuisance B) a public nuisance
C) no tort D) a cause of action in negligence
Q. #4To determine whether a nuisance was public or private, the court will likely look at
A) the number of people who filed the suit
B) whether defendant breached a duty of care
C) whether defendant acted intentionally
D) the amount of damages
Q. #5Trespass is as to physically interfering with a plaintiff's exclusive possession of property as
nuisance is to interfering with a plaintiff's
A) freedom of expression B) ownership interest
C) use and enjoyment of the property D) ability to transfer ownership
Q. #6Often, when a court has to characterize a lawsuit as an action in private nuisance or public nuisance,
the court will look at what?
A) whether the nuisance violated criminal law
B) the amount of the damages claimed
C) whether the defendant is willing to settle the case
D) who was most affected by the alleged nuisance