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131 cards
1What are the elements of nuisance?
2Under what circumstance does a public nuisance arise?
3What types of plaintiffs may sue for public nuisance?
4What is required for a private individual to have standing to sue for public nuisance?
5In addition to the general elements needed to state any public nuisance claim, what extra element must a private individual demonstrate to recover ...
6Who has standing to sue for public nuisance as a representative of the public?
7To have standing to sue for public nuisance, must a plaintiff have rights in any particular piece of real property?
8Under what circumstances does a private nuisance arise?
9Must a plaintiff own or have title to property to sue for private nuisance?
10In a private nuisance action, what must the plaintiff show to demonstrate a significant interference with the plaintiff’s use and enjoyment of prop...
11Can personal injury or property damage be the substantial harm required for a private-nuisance action?
12Has a defendant committed a private nuisance if the defendant’s conduct is only offensive due to the plaintiff’s idiosyncrasies or peculiar circums...
13For an intentional invasion of another’s use and enjoyment of land, what is the test for determining whether the intentional invasion is unreasonable?
14In an action for private nuisance, what factors will a court weigh to determine whether the defendant’s interference with the plaintiff’s private u...
15How does reasonableness in a nuisance case differ from reasonableness in a negligence case?
16To prevail on a private-nuisance claim, what must a plaintiff demonstrate about the defendant’s conduct?
17What is the test for determining whether an invasion of another’s interest in the use and enjoyment of land is intentional?
18What interest in land does the private-nuisance cause of action protect?
19If a defendant unreasonably interferes with the use and enjoyment of property, who may bring a private-nuisance claim against that defendant?
20What are the remedies for a private nuisance?
21What types of damages are available for nuisance claims?
22When is an injunction an appropriate remedy in a nuisance action?
23How would a plaintiff exercise self-help to abate a public or private nuisance that is causing the plaintiff unique individual harm?When is self-he...
24Is it a defense to a nuisance claim that the plaintiff came to the nuisance?
25Is a plaintiff who encounters or comes to an existing nuisance automatically barred from bringing a private-nuisance claim against a defendant for ...
26A man who was seriously injured in a church as a child suffered traumatic flashbacks whenever he heard church bells. The man lived in an apartment ...
27A renowned art photographer moved into a large home in a residential neighborhood. The home’s front yard was adorned with several beautiful sculptu...
28A town discovered that a chemical company had contaminated a residential area’s drinking-water supply. A group of landowners owned property that wa...
29A man and a woman were neighbors who had feuded for years. One day, the woman created a fake online dating profile for the man, listing the man’s a...
30What are the traditional elements of defamation?
31At common law, must a plaintiff prove the falsity of a defamatory statement to state a defamation claim?
32What does it mean for a defamatory statement to be legally published?
33In defamation, must the defendant have intended to defame the plaintiff?
34In defamation, does each separate communication of defamatory material create a new statute of limitations?
35What is the republication rule in defamation?
36In defamation, what is a secondary publisher?
37In defamation, is the republication rule applicable to secondary publishers?
38What is the common-law standard for determining whether a statement is defamatory?
39May the defamatory aspects of a statement be implied?
40If a statement contains only opinion, insults, or hyperbole is it defamatory?
41In defamation, what is a statement of fact?
42In defamation, what is a statement of and concerning the plaintiff?
43If a defamatory statement does not expressly refer to the plaintiff, may it still be considered of and concerning the plaintiff?
44Can a corporation bring a defamation action?
45In general, can a group of people recover in a defamation action?
46Is a statement made after that person’s death actionable as defamation?
47What is libel?
48What is slander?
49What is slander per se?
50What damages are available for defamation?
51After founding a highly successful technology company together, two inventors had a falling out. The first inventor wrote a private letter to the s...
52For purposes of defamation, what is a public official?
53For purposes of defamation, what is a general public figure?
54For purposes of defamation, what is a limited-purpose public figure?
55For purposes of defamation, what is a public figure?
56For purposes of defamation, what is a public figure’s burden of proving falsity?
57For purposes of defamation, what is a public figure’s burden of proving actual malice?
58One day, a national tragedy occurred, and the president failed to issue any response or public statement about the tragedy for several hours afterw...
59For purposes of defamation, what is a private figure?
60For purposes of defamation, what is a matter of public concern?
61For purposes of defamation, what is a matter of private concern?
62Is consent a defense to defamation?
63Is the truth of an allegedly defamatory statement a defense to defamation?
64Is retraction of a defamatory statement a complete defense in a defamation claim?
65In order to avoid liability in defamation case, what may a defendant assert in addition to a defense?
66In defamation, what is the fair-reporting privilege?
67What is the Restatement (Second) of Torts’ view of the fair-reporting privilege?
68In defamation, what is the fair-comment privilege?
69In defamation, what is the privilege for statements made in support of private interests?
70In defamation, what is the common-interests privilege?
71In defamation, what is the self-vindication privilege?
72What is abuse of a qualified privilege?
73In defamation, what are the most important qualified privileges?
74In defamation, what is an absolute privilege?
75In defamation, what is the legislative privilege?
76Do executive branch officials have any privilege with respect to defamatory statements made in the course of their public duties?
77Are defamatory statements made by participants in judicial proceedings privileged?
78Are defamatory statements made between spouses absolutely privileged?
79Are defamatory statements compelled by law absolutely privileged?
80What is the tort of misappropriation of identity?
81A world famous figure skater won a gold medal at the Olympics. The next morning, a breakfast-cereal company took out a full page advertisement in a...
82What is the tort of intrusion upon seclusion?
83Is a defendant’s accidental or negligent intrusion upon a person’s private affairs actionable as intrusion upon seclusion?
84Can a tort plaintiff recover for reputational harm?
85A college student on spring break traveled with friends to a beach known to be a popular party spot. After drinking excessively, the student danced...
86What is the tort of false light?
87What does the term publicize mean in the context of an action for false light?
88May a defendant be liable for false light by publicizing statements and images that are true?
89Must the statement at issue in a false light action be defamatory to be actionable?
90What level of fault must a fault-light plaintiff prove?
91May a plaintiff pursue both a defamation claim and a false-light invasion-of-privacy claim based on the same underlying conduct?
92What is the tort of public disclosure of private facts?
93What are the four types of tort claims that protect against the invasion of privacy?
94What is the tort of fraudulent misrepresentation?
95Can opinion ever provide the basis for a fraudulent misrepresentation claim?
96Is a broken promise actionable as fraudulent misrepresentation?
97Is a prediction of future events actionable as fraudulent misrepresentation?
98Is the failure to disclose a material fact actionable as fraudulent misrepresentation?
99The founder of a startup company falsely told a potential investor that he was born on a Thursday. The founder knew that the investor was from a cu...
100A realtor led a buyer on a tour of a house. The realtor casually mentioned that a famous chef once lived in the house and regularly cooked in the k...
101To commit an actionable misrepresentation tort, must a defendant use words or otherwise employ language?
102An owner was trying to sell land in an area that had recently experienced a boom in drilling for natural gas. Several neighboring property owners w...
103To be liable for fraudulent misrepresentation, must a speaker know that the speaker’s representation is false?
104A grandparent went into a baseball-card shop hoping to buy a a first-year (i.e., rookie) card of a grandchild’s favorite baseball player as a speci...
105In fraudulent misrepresentation, must the defendant induce the plaintiff to rely on the false statement of fact?
106In fraudulent misrepresentation, must the plaintiff actually rely on the false statement to the plaintiff’s detriment?
107What are the two primary approaches for measuring damages in an action for fraudulent misrepresentation?
108What is the tort of negligent misrepresentation?
109Do jurisdictions place any additional limitations on the tort of negligent misrepresentation?
110For negligent misrepresentation, must the plaintiff actually rely on the defendant’s false statement?
111What type of damages may the plaintiff in a negligent-misrepresentation claim recover?
112In a fraudulent-misrepresentation claim, may the plaintiff recover even if the plaintiff could have uncovered the misrepresentation through a reaso...
113May a defendant assert contributory negligence as a defense against a claim of fraudulent misrepresentation?
114What is tortious interference with business relations?
115What elements must a plaintiff show to establish a claim for tortious interference with a contract?
116For tortious interference with business relations, must the plaintiff prove that the defendant knew of the contract or economic opportunity?
117In tortious interference with business relations, what type of harm must the plaintiff demonstrate?
118Can a defendant be held liable for negligent interference with a contract?
119If an actor intentionally interferes with the performance of a contract, may the actor still avoid liability if the contract is illegal or violates...
120What are the two, overlapping torts that cover interference with business relations?
121Must a defendant interfere with a final contract to be held liable for interfering with a contractual relationship?
122Can a plaintiff state a claim for improper interference with a contract if the defendant’s only act was providing truthful information?
123An actor entered into a preliminary agreement with an entrepreneur to invest in the entrepreneur’s latest business venture. The actor then asked hi...
124Two rival grocers had long competed for business in a small town. The first grocer learned that the second grocer was about to buy a beautiful vaca...
125Do courts recognize any justifications for a defendant’s interference with business relations?
126A horse breeder signed a contract with a wealthy heiress to sell a young horse that was expected to have a successful racing career. The next day, ...
127A nighttime custodian for a company happened to overhear abusive and harassing behavior by a company executive toward a subordinate after the close...
128What effect must conduct generally have on a victim’s use and enjoyment of her land to support a private-nuisance claim?
129What two types of victims have standing to sue for public nuisance?
130A common-law defamation claim arises if:(1) an actor ________ or ________ publishes(2) a ________ statement of fact about the ________(3) that harm...
131If a public figure asserts a defamation claim, what two elements must the public figure prove in addition to the traditional defamation elements?
All flashcards
131 cards