Which of the following is an example of something that could be a private nuisance claim, but not a trespass claim?

Question 1 options:

a)	Dan lives next door to Peter. He operates loud machinery late at night.

b)	Dan lives next door to Peter. He operates a factory that produces smog and particles that land on Peter's property.

c)	Dan lives next door to Peter. He goes onto Peter's land and starts a brush fire to clear out some land.

d)	All of the above.

Question 2 (1 point)

Which of the following accurately states the requirements for private nuisance?

Question 2 options:

a)	Private nuisance is something that is offensive, annoying, or inconvenient.

b)	Private nuisance is a substantial and unreasonable interference with the plaintiff's possessory interest in property.

c)	Private nuisance is an unreasonable interference with the plaintiff's use of property in which they have a possessory interest.

d)	Private nuisance is a substantial and unreasonable interference with the plaintiff's use or enjoyment of property in which they have a possessory interest.

Question 3 (1 point)

How do courts determine if the interference with the use or enjoyment of the property is unreasonable?

Question 3 options:

a)	By determining if it is something that is offensive, annoying, or inconvenient.

b)	By weighing the gravity of the harm to the plaintiff against the utility of the conduct of the defendant.

c)	By assessing whether a reasonable person would consider the interference to be unreasonable.

d)	By assessing whether or not the defendant used due care.

Question 4 (1 point)

When is something a nuisance per se?

Question 4 options:

a)	When it is intrinsically dangerous or unreasonable, or generally known to be injurious to health, or to cause damage to property, regardless of how it may be carried on.

b)	When a reasonable person would view the actions as nuisance all of the time.

c)	When it is a substantial and unreasonable interference.

d)	When it involves both trespass and nuisance.

Question 5 (1 point)

Which of the following is an example of a public nuisance?

Question 5 options:

a)	Dan uses pesticides on his grass. The rain causes the pesticides to run off onto Peter's property and gets into his well water which makes the water undrinkable.

b)	Dan uses pesticides on his grass. The rain causes the pesticides to run off into a pond used for the city water drinking supply which makes the water undrinkable.

c)	Dan likes to have his rock band come over to practice in his garage. His neighbor finds the noise created by the band to be annoying.

d)	All of the above.

Question 6 (1 point)

Dan operates a manufacturing plant that causes pollution that is in violation of various state and federal laws. Peter lives nearby the plant and the pollution has harmed his property and caused his young daughter to develop asthma. He is aware of similar problems with his neighbors. He is tired of waiting for state or federal officials to do something about the plant. Can he sue Dan for public nuisance?

Question 6 options:

a)	No, because he is not a public official.

b)	No, because the pollution is not a nuisance per se.

c)	Yes, but only for equitable relief.

d)	Yes, if he can establish that he has an injury that is different in kind from the injury suffered by other members of the public.