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Paralegal PCCE CORE Test Prep

Category - Paralegal PCCE Exam Prep

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Homer is paralegal working for the Law Office of Marge Simpson. Ms. Simpson is handling a real estate case that involves Lot A and Lot B, which are adjacent to each other. The owner of Lot A began digging a hole on his lot as the basement for the house he wanted to build. One edge of the hole was near the boundary line with Lot B, and during the digging process the edge near Lot B collapsed and part of Lot B fell into the hole on Lot A. As Ms. Simpson is drafting a motion, she asks Homer to find cases with facts similar to the fact of this case. Which of the following cases is most analogous to the case Ms. Simpson is handling?
  1. A case in which a mining company operated an open-pit mining operation on land that it owned and one area of the open-pit mine collapsed on a hauling company’s truck.
  2. A case in which two neighbors owned adjacent lots in a subdivision, and one neighbor’s above-ground swimming pool sprung a leak and flooded the other neighbor’s property.
  3. A case in which a farmer owned the surface rights to farmland, and a mining company owned the subsurface mining rights, and a mining operation caused the surface to collapse.
  4. A case in which a driver lost control of her vehicle on an icy, rural road, and the vehicle left the road and ran through a landowner’s flower garden.
Explanation
Answer: C - A case in which a farmer owned the surface rights to farmland, and a mining company owned the subsurface mining rights, and a mining operation caused the surface to collapse. Answer C is the most analogous answer choice because both the basement-digging scenario and the subsurface-mining scenario involve digging or an operation that causes a loss of support on adjacent property. Answer A is not analogous because the open-pit-mining scenario does not involve two owners of real estate. Answer B is not the most analogous because it involves a material (water) on the negligent neighbor’s lot that enters the other neighbor’s lot (rather than the other neighbor’s soil collapsing into the negligent owner’s land). Answer D is not analogous because it involves a driver and a landowner, not two landowners.
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