The Cornell University Law School's Legal Information Institute states that a public nuisance transpires when a person unreasonably inhibits a right shared by the general public, while a private nuisance occurs when a plaintiff's use and satisfaction of private property is affected greatly and unreasonably through a thing or action. Courts may grant damages and prohibit further activity by the offender for either type of transgression.Know More
The National Paralegal College offers examples of public and private nuisance cases. One example of a private nuisance involves a company which builds a tannery. A neighbor who owns his own property can smell the foul odor of the tannery from his home. This can be a viable action for nuisance against the company. The company is affecting the use and enjoyment of the plaintiff's property, and the odor is a substantial and unreasonable interference with the homeowner's enjoyment.
An example of a public nuisance from the National Paralegal College involves an oil tanker which causes a massive oil spill, damaging miles of coastline. Consequently, public beaches are unusable to the public. A windsurfing instructor at one of the beaches can no longer conduct his business because of the oil spill and subsequent beach closures. The instructor can request legal remedy against the company because of his business losses attributed to the public nuisance caused by the company.Learn more about Law
A tort is an incident in which someone intentionally injures a person and their property and can result in a private lawsuit; a crime is a criminal action that the state prosecutes on the victim's behalf, according to the University of New Mexico. Although crimes are torts because of the resultant action on the victim, many torts are civil matters and therefore are not crimes.Full Answer >
When law enforcement seizes property, the person whose property was seized may file an administrative action proving ownership. If the person can prove he owns the seized property, he often gets it back, according to the Federal Bureau of Investigations. When law enforcement agencies seize property and the owner cannot prove ownership, the property is sometimes sold at auctions or held as evidence.Full Answer >
A civil settlement, also termed a civil settlement, occurs when the plaintiff in a civil case agrees to stop legal action and the right to pursue recourse in exchange for agreed upon terms. The terms in a civil settlement may include payment or an agreement to perform or cease actions.Full Answer >
Many communities have local ordinances that prohibit excessive, unnecessary, and unreasonable noise, and a person can pursue a nuisance abatement lawsuit against noisy neighbors. A person can sue a noisy neighbor in small claims court to stop the noise from continuing by court order, as stated by Nolo.com.Full Answer >