Discussion 1: Possession and Nuisance”
- Part A: For policy reasons, a private person may, in times of necessity, interfere with another’s right to exclusive possession of real or personal property without permission, such as by docking a boat in a storm. Courts vary with regard to whether or not this “public necessity” constitutes a trespass. But even the trespass defendant will be shielded from nominal and punitive damages. However, he or she may be held liable for compensatory damages, such as to repair a dock.
Argue whether or not compensatory damages should be paid.
See both the majority opinion and the dissent in Vincent v. Lake Erie Transportation at 124 N.W. 221 (Minn.1910) and at p. 769 of your text.
- Part B: A church plays its bells over speakers three (3) times a day and four (4) times on Sunday. A woman suffering from migraine headaches sought to enjoin the church from playing its bells because the bells aggravated her headaches, causing anxiety and emotional distress. In this situation, determine if playing the bells interferes with the rights protected by either private nuisance or public nuisance and support your position. See Pestey v. Cushman at 788 A. 2d 496 (Conn. 2002) and at p. 778 of your textbook.
“Discussion 2: Remedies”
- Part A: You return from work one day to discover that the utility company has removed a large portion of a special shrub in your front yard to access its equipment. Consider the remedies of damages and injunctions and plan a strategy that might result in a remedy satisfactory to both parties.
- Part B: The most direct route to a nearby store includes walking across a small portion of your neighbor’s vacant land. Up to now, there has been no problem with using this path until suddenly your neighbor becomes irate at your use of the property. Discuss what, if any, legal defense you might have to charges of trespass, should this ever turn into a lawsuit.
“The 80s and Deregulation” Please respond to the following: (Note: Please respond to one  of the following two  bulleted items in a primary posting of at least 125 words. In addition, please make a substantive comment to one  of your classmates.)
- From the scenario, discuss two (2) areas of the United States economy that Ronald Reagan deregulated in the eighties. Explain at least two (2) methods the Reagan Administration used to deregulate these particular agencies or programs. Explain the fundamental reasons why you believe that these agencies or programs came under Reagan’s scrutiny in the first place. Provide a rationale for your response.
- Discuss at least two (2) areas in which these deregulation policies impacted the U.S. economy overall and may have had roles in laying the foundation for the Great Recession of 2008. Provide a rationale for your response
Leave a ReplyWant to join the discussion?
Feel free to contribute!