Dana's Neighbors Have a Tree That Hangs Over a Shared

question 115

Multiple Choice

Dana's neighbors have a tree that hangs over a shared fence, and every fall the leaves from that tree drop into Dana's yard, which she has to spend time and effort cleaning up. Dana's neighbors refuse to trim the tree or help rake the leaves, so Dana has decided to file a lawsuit against them. Dana and her legal team are currently in the process of drafting a document that explains the situation and why the court has the right to mandate that her neighbors clean up their tree or leaves, and that Dana is entitled to compensation otherwise. Which document is Dana and her team writing?

• A) a complaint
• B) a plaintiff
• C) an amicus curiae brief
• D) a writ of certiorari

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Definitions:

Statute of Frauds

A rule of law that mandates specific contract types to be documented in writing and signed by the accountable party for them to be valid and enforceable.

Oral Agreement

A verbal contract in which the terms have been agreed upon through spoken communication, legally binding in many scenarios but harder to prove in court.

Specially Manufactured

Refers to goods that are custom-made to a buyer's specific requirements and specifications and are not easily sellable to others in the regular course of business.

Statute of Frauds

A legal concept that requires certain types of contracts to be executed in writing and signed by all parties involved, to be enforceable.