LAW 402B: ACLS FINAL EXAM PREP QUESTIONS WITH ALREADY PASSED ANSWERS.
What is a nuisance? - (ANSWER)an action in tort(wrongdoing)
When clarifying nuisance, what 3 elements must a plaintiff prove? - (ANSWER)1. unreasonable conduct
2. which substantially interferes with or disturbs use and enjoyment
3. of land
What is a public nuisance? - (ANSWER)involves an interference with a right common to the general
public
What is a private nuisance? - (ANSWER)involves a substantial interference with the private use and
enjoyment of one or a number of nearby properties
How do you determine the reasonableness/unreasonableness of the harm? - (ANSWER)- measure the
gravity of the harm v. utility of the actor's conduct
- gravity of the harm must > the utility of the actor's conduct
What are the 5 elements of the gravity of harm? - (ANSWER)1. extent of the harm
2. character of the harm
3. social value of use or enjoyment invaded
4. suitability of use invaded to the locality
5. burden on person harmed of avoiding the harm
What are the 3 elements of the utility of the conduct? - (ANSWER)1. social value
2. suitability of the conduct to the locality
3. impracticability of preventing or avoiding the invasion
Where is zoning generally done? - (ANSWER)- on the local municipal level
- the municipality power comes from the state police power or power to act in general welfare
What is the most common form of zoning? - (ANSWER)- land
, LAW 402B: ACLS FINAL EXAM PREP QUESTIONS WITH ALREADY PASSED ANSWERS.
- it is divided into districts where each district can only be used for a certain purpose (residential,
business, etc.)
What does zoning govern? - (ANSWER)- the density of population or construction
- minimum lot size per single family, minimum setbacks requirements, minimum square footage for
residence and height limits
What is procedural due process for limits on zoning? - (ANSWER)- 14th amendment and 5th
amendment, land owner is entitled to an administrative hearing
What is substantive due process for limits on zoning? - (ANSWER)- if the zoning law fails to bear a
rational relation to a permissible state objective, it may violate the substantive aspect of the Due
Process Clause
What is the equal protection for limits on zoning? - (ANSWER)- a zoning law that is adopted for the
purpose of excluding racial minorities will trigger a *strict judicial scrutiny*, and will probably be found
to be a violation of the equal protection clause of the 14th amendment
What is the Takings Clause? - (ANSWER)- under the law of eminent domain, state and federal
governments may take private property for public use, however, the 5th amendment provides that
private property shall not be taken for public use without just compensation, the taking clause is made
binding to all of the states through the 14th amendment
What are elements of the Takings Clause? - (ANSWER)- if the government (state or federal) makes or
authorizes a permanent physical occupation of the property, this will automatically be found to
constitute a taking
- diminution in value= the more drastic the reduction in value of the owners property, the more likely a
taking is to be found
What are damages for temporary taking? - (ANSWER)- inverse condemnation= if a land use regulation is
so broad that it constitutes a taking, the owner may bring an inverse condemnation suit
Who is the zoning code enacted by? - (ANSWER)the town council/municipal/county legislature
What is a nuisance? - (ANSWER)an action in tort(wrongdoing)
When clarifying nuisance, what 3 elements must a plaintiff prove? - (ANSWER)1. unreasonable conduct
2. which substantially interferes with or disturbs use and enjoyment
3. of land
What is a public nuisance? - (ANSWER)involves an interference with a right common to the general
public
What is a private nuisance? - (ANSWER)involves a substantial interference with the private use and
enjoyment of one or a number of nearby properties
How do you determine the reasonableness/unreasonableness of the harm? - (ANSWER)- measure the
gravity of the harm v. utility of the actor's conduct
- gravity of the harm must > the utility of the actor's conduct
What are the 5 elements of the gravity of harm? - (ANSWER)1. extent of the harm
2. character of the harm
3. social value of use or enjoyment invaded
4. suitability of use invaded to the locality
5. burden on person harmed of avoiding the harm
What are the 3 elements of the utility of the conduct? - (ANSWER)1. social value
2. suitability of the conduct to the locality
3. impracticability of preventing or avoiding the invasion
Where is zoning generally done? - (ANSWER)- on the local municipal level
- the municipality power comes from the state police power or power to act in general welfare
What is the most common form of zoning? - (ANSWER)- land
, LAW 402B: ACLS FINAL EXAM PREP QUESTIONS WITH ALREADY PASSED ANSWERS.
- it is divided into districts where each district can only be used for a certain purpose (residential,
business, etc.)
What does zoning govern? - (ANSWER)- the density of population or construction
- minimum lot size per single family, minimum setbacks requirements, minimum square footage for
residence and height limits
What is procedural due process for limits on zoning? - (ANSWER)- 14th amendment and 5th
amendment, land owner is entitled to an administrative hearing
What is substantive due process for limits on zoning? - (ANSWER)- if the zoning law fails to bear a
rational relation to a permissible state objective, it may violate the substantive aspect of the Due
Process Clause
What is the equal protection for limits on zoning? - (ANSWER)- a zoning law that is adopted for the
purpose of excluding racial minorities will trigger a *strict judicial scrutiny*, and will probably be found
to be a violation of the equal protection clause of the 14th amendment
What is the Takings Clause? - (ANSWER)- under the law of eminent domain, state and federal
governments may take private property for public use, however, the 5th amendment provides that
private property shall not be taken for public use without just compensation, the taking clause is made
binding to all of the states through the 14th amendment
What are elements of the Takings Clause? - (ANSWER)- if the government (state or federal) makes or
authorizes a permanent physical occupation of the property, this will automatically be found to
constitute a taking
- diminution in value= the more drastic the reduction in value of the owners property, the more likely a
taking is to be found
What are damages for temporary taking? - (ANSWER)- inverse condemnation= if a land use regulation is
so broad that it constitutes a taking, the owner may bring an inverse condemnation suit
Who is the zoning code enacted by? - (ANSWER)the town council/municipal/county legislature
