Week 8 The Client (Advice) Memo

Assignment Details

Assignment: Written Assignment #2 Platform: Available on Canvas Due Date: Thursday, February 27 at 10 pmLength: Maximum of 4 pages, should maintain appropriate academic formatting (e.g., Times New Roman, 12 pt font, double-spaced).

Grading Breakdown

Assignment #1 Grades Estimated Release:Date: Monday, February 24Course Grade Calculation:

• Two written assignments constitute 30% of the total grade each.

• The final exam accounts for 40% of the overall course grade.

Grade Scale:

• A+: 3.75 - 4.0

• A: 3.25 - 3.74

• A-: 3.00 - 3.24

• B+: 2.75 - 2.99

• B: 2.25 - 2.74

• C: 2.0 - 2.24

Private Nuisance Definition

Private Nuisance Criteria:To recover damages, a plaintiff must demonstrate the following elements:

1. Interference with the use or enjoyment of land.

2. The nature of the interference is substantial.

3. The conduct of the defendant is intentional or negligent.

4. The conduct is deemed unreasonable.

5. The interference has been caused by the actions of the defendant.

Case Reference: Anderson v. Elliot (citing Copart Industries) and Aristides v. Foster.

Public Nuisance Definition

Public Nuisance Criteria under NY Law:Public nuisance is defined as any conduct or failure to act that:

• Offends public decency or order.

• Interferes with public rights, including access, safety, or health.

• Causes damage to public spaces or endangers the health, safety, or comfort of a substantial number of individuals within the community.

Case Reference: Wall Street Garage Parking Corp. v. NYSE.

Private Individual Claim Requirements for Public Nuisance

For a plaintiff to succeed in a private claim related to public nuisance, they must prove:

1. The existence of a public nuisance that affects the community at large.

2. The defendant’s actions in contributing to or maintaining that nuisance.

3. The plaintiff has suffered specific harm that is distinct and different from that of the general community (special injury).

Practice Questions

Practice Question 1

Scenario: Shelly’s neighbor runs a printing business that creates significant noise. Shelly’s father, who is recovering from surgery, finds the noise intolerable and suffers from increased stress, ultimately leading to his untimely death.Potential Outcomes:

• a) Shelly might win the case based on interference in her right to a peaceful home environment.

• b) Alternatively, Shelly could win if it is proven that the neighbor had prior knowledge of Shelly’s father’s condition and its implications on his health.

• c) Shelly could lose the case due to the legal argument that the neighbor does not have an obligation to consider the individual sensitivities of nearby residents.

• d) Shelly might also lose case arguments indicating her father’s increased sensitivity could classify him as a weak plaintiff, affecting his claim’s strength.

Practice Question 2

Scenario: Tim’s property is affected by a cable installation by Galaxy Cable TV Co., which runs through his airspace.Potential Outcomes:

• a) The Network Company may win as the court may find there is no substantial interference with ordinary land use.

• b) Tim could win if he effectively challenges the installation, arguing it obstructs his airspace usage for personal activities.

• c) The Network Company could also win due to legal precedents favoring cable installations as a common and reasonable practice.

Practice Question 3

Scenario: A group of 32 homeowners file complaints regarding a public/private nuisance stemming from activities at Acme Cement Manufacturing. They claim that dust and debris from the manufacturing plant adversely affect their homes, creating a need for special measures to maintain their living conditions.Criteria for Private Nuisance:

• Evidence must demonstrate interference with the enjoyment of land.

• The interference must be considerable and substantial in nature.

• The actionable conduct must be either intentional or negligent.

• The actions of the defendant must be unreasonable given the circumstances.

• There must be a clear causal link between the defendant’s behavior and the interference experienced by homeowners.

Practice Question 4

Continuation of Scenario: The same homeowners are pursuing legal action against Acme Cement for public nuisance.Public Nuisance Requirements:

• The homeowners must prove the existence of a public nuisance.

• They must establish the defendant’s role in creating or maintaining that nuisance.

• Lastly, the plaintiffs must demonstrate their unique harm, a special injury, compared to the general harm suffered by the community.

Advice to Client

Legal Advice: Based on the findings, recommend actionable steps such as negotiating a settlement or pursuing formal legal action on behalf of the client.Considerations:

• Assessing the viability of claims for both private and public nuisance.

• Evaluating potential outcomes and implications for the client's reputation, possible costs involved, and the likelihood of success.

Closing and Conclusion

Next Steps for the Client: Conclude with a summary of the next steps to be undertaken.Future Actions: Advise on potential follow-ups, further representation options, and any necessary actions required to advance the case effectively.