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Public Nuisance
Interference with a right that the general public shares in common.
Private Nuisance
Interference with the plaintiff's personal land.
Negligence
All 4 elements required: Duty, Breach, Causation, Damages / Harm.
Duty
The defendant owed a duty to the plaintiff to conform to a specific standard of care.
Standard of Care Owed
What a reasonably prudent person of ordinary sensibilities would have done under these circumstances.
Industry Custom
A certain standard of care adopted by the industry.
Breach
The defendant breached their duty.
Causation
The breach was the actual and proximate cause of the plaintiff's harm.
Actual Cause
But for the defendant's actions, would the harm have occurred?
Proximate Cause
Was the event and harm foreseeable, or was there a natural and continuous chain of events leading to the harm?
Damages / Harm
Compensatory Damages reflect the harm actually suffered (out-of-pocket expenses, pain and suffering).
Punitive Damages
Designed to punish the defendant for wrongdoing (only available if the defendant acted with malice or reckless indifference).
Assumption of the Risk
A plaintiff who expressly agrees to accept a risk cannot recover.
Contributory Negligence
If the plaintiff acted negligently and contributed to the harm, they are completely barred from recovery.
Strict Liability
No mental state or intent required.
Abnormally Dangerous Activity
Factors include likelihood of harm, extent of harm, inability to eliminate risk, unusualness of activity, inappropriateness to location, and risk outweighing community benefit.
Trespass
Unauthorized entry onto land.
Causation in Toxic Torts
General Causation: The toxin is capable of causing injuries like the plaintiff's at the same level of exposure.
Specific Causation
The toxin released by the defendant caused the plaintiff's injury.
Judicial Branch
Supreme Court: Justices nominated by the President, confirmed by Senate (Simple Majority).
Executive Branch
Chief Officer: The President.
Legislative Branch
Senate: 2 Senators per state; House of Representatives: Population-based representation.
Administrative Procedure Act
Guides agencies on rulemaking and adjudication processes.
Cooperative Federalism
A flexible relationship where federal and state governments work together.
Environmental Law Development
Includes Legislative Delegation, Statutory Interpretation, and Judicial Review.
