CPL 434 Exam 1

2 major forms of law

common and statutory

common law is

based upon the influences of the past legal decisions that collectively evolve into a “body” or “doctrine” of law

influences is referred to as

the precedence

statutory law is also known as

legislative law

statutory law is

a form of law determined by the legislative process

environmental law occurs at

local, state, and federal

federal case will be heard by

federal district court

a holding is a

court decision

if not satisfied by court’s decision the case may be appealed to

the US court of Appeals

the US Court of Appeals can also be called

Superior Court

if not satisfied with court decision at superior court the case can be brought to

the US Supreme Court

how many federal circuits are there

13

plaintiff is

an individual who sues another individual

plaintiff can also be known as

litigant

a defendant is

someone who is being sued

a tort refers to

a harm imposed upon another

multiple plaintiffs versus 1 defendant are often seen in a

class action suit

criminal thresholds are committing a crime that are

guilty beyond a resonable doubt

civil thresholds are based on lesser standards of proof such as

guilty as based upon preponderance of evidence

4 possible outcomes of a case on appeal that can occur

1. affirm (agree w lower court)

2. dismiss (to put out of judicial consideration: refuse to hear)

3. remand (to send back to lower court with interpretative guidance)

4. reverse (to seek the opposite of the lower court’s decision in the district court)

means of codification of laws and regulations:

United States Codes (USC)

USCA meas

united states code annotated

USC is managed and published by

the US government

the USCA is a private sector codification of public laws and is published by

WESTLAW

the CFR is

Code of Federal Regulations

the CFR is

where federal regulations developed by US federal agencies are published

the creation of regulations is also known as

“rule making”

Federal Notification Procedures

The government is responsible for announcing government hearings, meetings, development of regulations, or notifying the Public of any agency disclosure of agency actions

the role of the congressional record is to publish what is known as the

proceedings of congress

issues

the legal quesiton or questions brought before the court

merits

the substance of a legal dispute and not the technicalities that can affect the lawsuit

standing

the recognition by the court that involved parties have sufficient legal interest to be heard

venue

court settings: local, district, state, federal, and appellate

ripeness

timing for a case to be heard

injunction

involves the plaintiff in securing a court order to cause the defendant to cease and desist, to stop all contested actions

foreseeability

foreknowledge on the part of legal contestants to be aware of likely outcomes or consequences to a specific adverse action

motion

request before the court by the plaintiff or defendant

standards of reasonableness

where participants act in a rational, just, and proper way

due dilligence

prudence, vigilance, and attentiveness: wheere we expect legal participants to act in a particular fashion

remoteness

a cause not anticipated

prima facie case

the case before us

civil, administrative, and criminal law all intersect with

environmental law

Gag Order

can’t talk about the case to not influence the jury

who wrote tragedy of the commons

garrett hardin

who wrote sand county almanac

aldo Leopold

who wrote silent spring

rachel carson

companies that have alleged done harm argue for their justified non compliance by

1. there is a lack of available technology

2. there is a lack of sufficient funding

3. permit non-compliance

RP and PRP stands for

responsible party or potentialy responsible party

industry typically uses 3 means to argue against their being non compliant

1. a solution to polluting is too costly

2. technology is not availble

3. permit defense - their permits allow such disposal

land rights

1. development

2. solar

3. groundwater

4. riparian

5. timber

6. mineral

7. transit

8. transit

9. agricultural

10. grazing

11. ingress/egress/regress

12. hunting/fishing

takings

the possession or adverse use of land by a party other than the owner is often referred to as “Taking”

eminent domain proceedings

acquire land from private owners often against their wishes

inverse condemnation

the taking of property by a government agency which so greatly damages the use of a parcel of real property that is the equivalent of condemnation of the entire property

adverse land claims examples include

prescriptive easements and implied dedications

prescriptive easements

legal right to use someone’s property for a specific purpose without their permission

implied dedications

where the property is donated in writing by deed

historic or customary uses

people may allow others to use their property on a singular basis, but the public uses it beyond the original intent of the property owner

to determine if a taking has occurred we conduct a

diminution or residuum test (to determine if any reasonable remaining uses exists

a private right is

a legally enforceable privilege enjoyed individually

public right is

legally enforceable privilege enjoyed collectively

the public trust doctrine is

the relationship between the government in protecting the public’s right

state standard zoning enabling act provides police powers?

1. health (inoculations and food preparations HACCP (hazard analysis and critical control point)

2. safety (building codes for hazards)

3. welfare (WIC)

4. general morals (blue laws)

five steps in the planning process

1. identify a spatial problem

2. collect pertinent spatial data

3. develop a plan

4. implement the plan

5. evaluate it

3 basic legal mechanisms of planning

1. zoning

2. ordinances

3. subdivision regulations

how do we control development in areas not having zoning controls

we use restrictive covenants also known as a deed restriction