Jane Is Unhappy with Her Neighbor,Sam,because Sam Will Not Allow

Multiple Choice

Jane is unhappy with her neighbor,Sam,because Sam will not allow her to swim in his swimming pool.She tells him that unless he lets her swim in the pool,she will bring an action against him for nuisance because he plays his stereo late at night at times.While the stereo does not bother Jane because she is up late anyway,she thinks that will encourage Sam to let her swim in the pool.Sam,however,continues to refuse to allow Jane to swim in his pool,and Jane proceeds to sue Sam for nuisance.Which of the following is true?

A) Jane is completely within her rights and has done nothing wrong because Sam really is playing the stereo late at night.
B) Sam can sue Jane for malicious prosecution and win only if he wins the nuisance action.
C) Sam can sue Jane for abuse of process and win only if he wins the nuisance action.
D) Sam can sue Jane for malicious prosecution and win regardless of whether or not he wins the nuisance action.
E) Sam can sue Jane for abuse of process and win regardless of whether or not he wins the nuisance action.