ENVS 2256 Lecture Notes - Lecture 4: Declaratory Judgment, Nuisance, Rebuttable Presumption
23 Mar 2018
School
Department
Course
Professor
Document Summary
Standing and cause of action need both to bring a lawsuit but are two distinct things like a formula in boomer, cause of action was the private nuisance. 3 elements of private nuisance cause of action: substantial interference, caused by defendants use of land, defendant intended their actions elements would be di erence in a trespass or negilgence judge gave the defendants the opinion. 25 in the e&e company is going to keep operating -> nothing is changing. Jurisdiction bars to suit -> court has no discretion to let you in if you don"t have something. Start -> have a legal cause or claim to come to court. Claim (cause of action) -> many di erent claims look at your injury, nd way the court would address that without claim, you can"t advance claim identi es the legal harm ->
