Blog

The case of State v. McIntyre is a civil case.

___________________________________ is an unreasonable activity or condition on the defendant’s land that substantially interferes with the plaintiff’s use or enjoyment of his or her property.

A trespass cause of action will only be successful if the intruding or trespassing agent is visible to the naked eye.

The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) was created to address the problem of abandoned hazardous waste disposal sites.

Currently regarding subsurface rights, courts have ruled that citizens own as far down as they can physically go (i.e., there is no limit currently).

A/an _____________________________ is a particular type of contract clause that promises that any assertion or statement made in the contract agreement is true.

The conservation ethical viewpoint is concerned about providing resources for our current generation, while the sustainable development ethical viewpoint is concerned about providing resources for our future generations.

BMX, Inc., owns a plant, and BMX frequently dumps toxic waste in the water supply of the neighbors in the area. The neighbors get cancer because of the toxic waste. Alvin incurred $250,000.00 in medical bills because of the illegal dumping. Betty incurred $150,000.00 in medical bills. Alvin and Betty want their medical bills paid, in addition to wanting BMX to pay a million dollars each to both Alvin and Betty to teach BMX a lesson. BMX agrees to pay Alvin $250,000.00 for his medical bills. What type of damages are these that BMX has agreed to pay Alvin for his medical bills?

What is NOT an element to make a legally valid contract?

Delbert, Evan, Ferdinand, and Gary are friends. One day, and on a dare, they all four decide to break into the local nuclear power plant at midnight. The plant only has a few workers at night, so the four friends know they can easily enter into the plant without being caught. All four pick the lock of the main door of the plant (it was a flimsy door). Delbert, Evan, Ferdinand, and Gary come across one door that states “DANGER” and “TOXIC SUBSTANCES LOCATED BEHIND THIS DOOR.” All four friends disregard these messages and, instead, pick this particular door’s lock too (all doors in this plant are flimsy). All four friends get toxic material on them that severely burns their skin, and they all have to be immediately rushed to the hospital. All four want to sue the power plant for their injuries. What defense can the lawyers representing the power plant argue?