A landholder wants to live "off the grid", so the landholder diverts some of the flow of a stream into
a holding pond. The landholder then allows some of the water to leave the artificial pond, so as to turn
a waterwheel that will generate electricity. The water then flows back into the stream. A sudden deluge
causes water to spill over the edge of the pond, and sends water into the rising waters of the stream.
Downstream, a second landholder's property is damaged due to the overflowing stream. Will the first
landholder face be found strict liable for the damages caused to the second landholder's property?
A) yes, because the first landholder knew or should have known that flooding was possible
B) no, because the second landholder's property had been flooded before
C) no, because the first landholder did not intend to cause harm to the property of the second
landholder
D) yes, because creating the pond was an inherently dangerous activity
D
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2. How is a testamentary trust created? When does it come into existence?
What will be an ideal response?
Some demonstrative evidence will be created by witnesses during testimony. A common example is
a. a chart prepared by an expert. b. a computer simulation prepared by an expert. c. a photo brought by a fact witness. d. a diagram drawn by a witness.
A motion to inquire into the reason for detention of a defendant and obtaining his or her release if it is deemed illegal is a motion for write of habeas corpus
a. True b. False
The document used to convey an ownership interest in real property and used as evidence of title to that property:
A. Mortgage B. Promissory note C. Will D. Deed