In Martin v. Bicknell, the court held that?

A. ?the parties should have resolved the dispute over the use of the adjoining or shared driveway through arbitration rather than filing a lawsuit, and the lower court correctly dismissed the lawsuit.
B. ?the Martins had not pled sufficient facts to support their allegation that their use of the Bicknells' side of the driveway was adverse and exclusive, exclusivity being a requirement for a prescriptive easement.
C. ?the Martins' concurrent and overlapping use of the driveway with the Bicknells was entirely consistent with, and not a legitimate basis to dismiss, their claim of a prescriptive easement because exclusivity is not required.
D. ?the lower court determined that the Martins had failed to state a claim, either for an implied grant of an easement or a prescriptive easement, and correctly dismissed their complaint.


Answer: C

Legal Studies & Paralegal

You might also like to view...

Generally speaking, a deposition stipulation is:

a. an agreement between one attorney and the court b. an agreement between an attorney and his or her client c. an agreement between the plaintiff and the court d. an agreement among all parties involved

Legal Studies & Paralegal

How many witnesses to a treasonous act does the Constitution require for proof?

How many witnesses to a treasonous act does the Constitution require for proof?

Legal Studies & Paralegal

A concurring opinion is the explicit disagreement of one or more judges in the result reached by the majority.

Answer the following statement true (T) or false (F)

Legal Studies & Paralegal

Which of the following is not a place where paralegals work??

A. ?Law firms B. ?Corporations C. ?Government agencies D. ?None of these choices is correct.

Legal Studies & Paralegal