Jessica Owns Property at the Bottom of a Hill

question 34

Essay

Jessica owns property at the bottom of a hill. After a heavy rain, her property is flooded. Jessica builds a dam to protect her property, but the dam causes her neighbor's property up the hill to flood. Can the neighbor sue Jessica for damages? Explain.

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Definitions:

Forum Selection Clauses

Provisions in a contract that designate the specific court or jurisdiction where disputes will be resolved.

Service of Process

The procedure by which a party to a lawsuit gives an appropriate notice of initial legal action to another party, court, or administrative body in an effort to exercise jurisdiction over that person so as to enable that person to respond to the proceeding before the court, body, or other tribunal.

In Rem Jurisdiction

A legal principle that allows a court to exercise jurisdiction over a particular piece of property, regardless of who owns the property or where the owner is located.

Counterclaim

A legal claim made in response to the plaintiff’s initial claim in a civil suit. Unlike a defense, the counterclaim is the defendant’s affirmative attempt to obtain legal relief; in effect, it states a cause of action entitling the defendant to such relief. Often, the counterclaim must arise out of the occurrence that forms the basis for the plaintiff’s claim.