Term
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Definition
| 1. Anything that annoys or disturbs unreasonably, hurts a person's use of his property, or violates the public health, safety, or decency. 2. Use of land that does anything in #1. An unreasonable or unlawful use of one's real property that injures another person or interferes with another person's use of his real property |
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Term
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Definition
| A tort that requires a showing of special harm to you or your property and allows recovery of damages for the harm as well as an injunction. |
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Term
| Private Nuisance (4 Elements) |
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Definition
| A private nuisance occurs when someone (1) uses his land in such a way as to (2) unreasonably and substantially interfere with (3) another person's use and enjoyment of his land, and where (4) the TF's activity proximately causes the victim's injuries. |
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Term
| Unreasonably and Substantially Interfere (Element of Private Nuisance) |
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Definition
| Unreasonably and substantially offensive, based on reasonable person with ordinary sensibilities or a community standard - how would people in that community react to the activity. Jury decides. |
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Term
| Use and Enjoyment (Element in Private Nuisance) |
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Definition
| The activity ruins the pleasure the neighbors get from the ways they use their real estate. |
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Term
| Physical Effects on Land (Examples of Nuisance) |
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Definition
| Ground vibrations. Pollution of water or soil. Crop destruction. Flooding. Excessive clutter. Unwanted excavations. |
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Term
| Health Hazards or Offending the Sensibilities (Examples of Nuisance) |
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Definition
| Noxious odors. Smoke and dust. Excessive noise and temperatures. Toxic or hazardous materials. Incessant phone calls. |
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Term
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Definition
| Ways in which people's physical (sight, smell, etc.) and emotional (disgusting, repulsive, threatening) senses are affected. |
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Term
| Unwanted Associations with Neighboring Uses (Examples of Nuisance) |
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Definition
| Brothels. X-rated movie theaters. Adult bookstores. Liquor or Gambling establishments. |
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Term
| "Coming to the Nuisance" Defense |
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Definition
| The plaintiff came to the area after the alleged nuisance was already there. The plaintiff assumes the risk of obnoxiousness from the nuisance activity by coming to the place while knowing the nuisance is already there. |
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Term
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Definition
| Activity by the TF that unreasonably and substantially interferes with the public's use and enjoyment of legal rights common to the public. A land use that injures the public at large. |
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Term
| Public Nuisance (3 Elements) |
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Definition
| TF's activity that (2) unreasonably and substantially interferes with (3) the public's use and enjoyment of legal rights common to the public. |
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Term
| Use and Enjoyment of Common Legal Rights (Examples) |
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Definition
| Obnoxious land use interferes with public's common legal rights. For example: right to peaceably assemble in public places; right to use public streets and sidewalks without being subjected to offensive activities; right to safe and healthy conditions in one's neighborhood. |
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Term
| Government as Plaintiff in Public Nuisance Cases |
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Definition
| Individuals may file complaints with government agencies, but government sues because it represents the public at large. |
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Term
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Definition
| The government's right and power to enact and enforce laws to provide for the safety, health, and general welfare of the people, including to protect them from public nuisances. |
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Term
| Public Nuisance Statutes or Ordinances |
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Definition
| Public nuisances are defined by statute or ordinance, focusing on land uses that legislators believe a majority of the population would find offensive, unhealthy, or immoral. |
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Term
| Examples of Public Nuisance |
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Definition
| Gambling. Prostitution. Distribution of sexually explicit materials. Sale of alcohol. Nudist colonies. Toxic waste management. Keeping unrestrained wild or vicious animals. Violating health standards by not keeping one's residence clean. |
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Term
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Definition
| A nuisance that is both private and public. The greater the number of people affected by an alleged offensive land use, the more likely it's considered public. |
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Term
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Definition
| That which is considered a nuisance at all times and no matter the circumstances, regardless of location or surroundings. Violating a public nuisance statute. Defendant is automatically liable. Such as smoking in public where it is prohibited. |
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Term
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Definition
| The means by which a right is enforced or satisfaction is gained for harm done. |
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Term
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Definition
| Remedy available in equity. Generally nonmonetary relief; to correct a problem. The court orders the defendant to do (or not to do) something. No right to a jury trial (which is only for common law) |
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Term
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Definition
| A judge's order to a person to do or refrain from doing a particular thing, such a nuisance activities. |
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Term
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Definition
| A court order that directs a public official or government department to do something. |
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Term
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Definition
| Reduction, decrease, or elimination of an activity. the most common remedy sought in nuisance cases. |
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Term
| Temporary Restraining Order (Temporary Injunction) |
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Definition
| A judge's order to a person not to take a certain (nuisance) action during the period prior to a full hearing on the rightness of the action. Usually up to 10 days. |
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Term
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Definition
| Abatement orders instructing the defendant to permanently stop doing the nuisance activity. Usually after a full hearing/trial. |
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Term
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Definition
| An act that obstructs a court's work or lessens the dignity of the court. A willful disobeying of a judge's command or official court order. |
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Term
| Money Damages to Nuisance Cases |
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Definition
| When abatement would impose an unreasonably severe economic burden on the nuisance TF, money damages may be awarded to plaintiff instead. Balancing interests between conflicting land uses. |
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Term
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Definition
| Statute allowing a lawsuit by a relative for a person who has just died as a result of tortious actions, based on the cause of action the dead person would have had. Award is to the decedent's estate. |
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Term
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Definition
| State statute allowing a lawsuit by the dependents of a dead person against the person who cause the death. Damages awarded to compensate dependents for their loss, if the killing was negligent or willful. |
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Term
| Elements of Wrongful Death Cases |
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Definition
| (1) A TF commits a tort against the victim, (2) who dies as a result of the actions, and (3) the victim's dependents or estate sue the TF for wrongfully causing the victim's death. |
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Term
| Plaintiffs in Wrongful Death Actions |
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Definition
| Surviving family members, usually spouse or children. Or parents or siblings, or the estate (in some states) |
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Term
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Definition
| The rights and duties resulting from marriage, including companionship, love, affection, assistance, cooperation, and sexual relations. |
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Term
| Lost Lifetime Earnings Potential (Damages in Wrongful Death) |
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Definition
| The lost income that the victim would likely have earned had he not been killed by the TF, based on income at time of death. An economist usually hired as expert witness to introduce related evidence at trial. |
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Term
| Loss of Consortium (Damages in Wrongful Death Case) |
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Definition
| The loss of one's spouse's services. |
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Term
| Defenses in Wrongful Death Cases |
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Definition
| Any defense applicable to the specific tort which caused the victim's injury. |
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Term
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Definition
| The birth of a child having serious defects that results from a doctor's failure to provide proper (genetic) information (to advise, diagnose, or test properly) to the child's parents. A form of medical malpractice, which is a form of negligence. |
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Term
| Damages in Wrongful Birth |
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Definition
| Emotional distress, cost of prenatal care and delivery, expenses associated with the child's impairment while raising the child. |
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Term
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Definition
| An action brought by a child, claiming that he would have been better off not to have been born rather than to be born with an impairment that causes pain and suffering. |
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