Chapter 11
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Created by:
KatinaMarie on November 30, 2010
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22 terms
Terms | Definitions |
|---|---|
 Abatement | Reduction or decrease or complete elimination |
| Coming to the nuisance defense | A defense to private nuisance lawsuits that may be used successfully when a plaintiff owns or uses land at a location in which the alleged nuisance activity was previously occuring |
| Consortium | The rights and duties resulting from marriage |
| Contempt | An act that obsturcts a courts work or lessens the dignity of the court 2. A willful disobeying of a judge's command or official court order |
| Damages | Money that a court orders paid to a person who has suffered damage by the person who caused the injury |
| Equitable Relief( Remedy) | A remedy available in equity generally non monetary relief |
| Injunction | A judges order to a person to do or refrain from doing a particular thing |
| Loss of Consortium | The loss of one or more of a spouses services |
| Mandamus | "We Command" A writ of mandamus is a court order that direscts a public official or government department to do something |
| Mixed Nuisance | A nuisance that is both public and private |
| Nuisance | 1.Anything that annoys or disturbs unreasonable, hurts, a person's use of his or her property or violates the public health, safety or decency 2. Use of land that does anything in definition 1 |
| Nuisance per se | That which is considered a nuisance at all times and no matter the circumstances regardless of location or surroundings |
| Permanent Injunction | Abatement order instructinf a defendant to permanently stop doing a nuisance activity |
| Police Power | The governments right and power to set up and enforce laws to provide for the safety, health, and general welfare of people |
| Private Nuisance | A tort that requires a showing of special harm to you or your property and allows recovery to damages for the harm as well as an injection |
| Public Nuisance | Activity by the tortfeasor that unreasonably and substantially interes with the public's use and enjoyment of legal rights common to the public |
| Remedy | That means by which a right is enforced or satisfaction is gained for harm done |
| Sensibilities | In nuisance laws ways in which people's physical and emotional sense are affected |
| Survival Statute | A state law that allows a lawsuit to be brought by a relative for a person who just died |
| Temporary Restraining Order(TRO) | A judges order to a person not to take a certain action during a period prior to the full hearing on the rightness of the action |
| Wrongful Birth | The birth of a child having defects that results from a doctors failure to prvide proper information |
| Wrongful death statute | Statute tha allows a lawsuit to be brought by the defendants of a dead person against the person who caused the death |
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