Bifalgorithm post · Property · Review
Nuisance Test
Nuisance Test (Property · Review) — "Is the “substantial and unreasonable” test, used to determine whether there is a nuisance, a rule or a standard? Argue aga…
Ideas in this flowchart
- Determine whether the “substantial and unreasonable” nuisance test is a rule or a standard, and construct an argument against it.
- Classify the legal status of the nuisance test.
- Treat the nuisance test as a rule.
- Treat the nuisance test as a standard.
- Attack the test based on its status as a rule.
- Attack the test based on its status as a standard.
- Base the argument only on whether the test is a rule or a standard.
- Frame the argument as a litigant’s attack on the test.
- Translate the argument so it would apply to any comparable rule or standard.
