Property

For civil trespass, the defendant intends…

To enter the property

Which of the following would make an entry onto someone else’s property (i.e., a trespass) privileged?

Entrant faces a clear and imminent danger without reasonable alternatives

Which of the following is NOT an element of the necessity defense?

All conceivable alternatives have been considered

True/False: Majority rule for the right of reasonable access is that only common carriers and innkeepers owe reasonable access

True

Which exclusion is most likely unreasonable?

Removing someone because their name is Reagan

Which type of damages primarily serves to make up for harm done/lost value?

Compensatory damages

Your neighbor crosses your yard daily for 3 weeks and says he won’t stop. What remedy most directly fixes the problem?

Injunction

Which is NOT one of the nuisance factors from Dobbs v. Wiggins?

Malice or spite

True/False: The standard for nuisance cases is whether a reasonable person would find it a nuisance.

True

What is THE BIG ONE justification of property?

Efficiency or social welfare maximization?

What is in the property bundle of sticks?

Control, Possession, Exclusion, Enjoyment, Disposition (CPEED)

T/F: You can have a right to possession even if you don’t actually have the item in hand.

True

Which TWO are true of nuisance claims?

The nuisance must be substantial and unreasonable; Often the “least-code avoider” will need to mitigate the nuisance