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
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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
affirm (agree w lower court)
dismiss (to put out of judicial consideration: refuse to hear)
remand (to send back to lower court with interpretative guidance)
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
there is a lack of available technology
there is a lack of sufficient funding
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
a solution to polluting is too costly
technology is not availble
permit defense - their permits allow such disposal
land rights
development
solar
groundwater
riparian
timber
mineral
transit
transit
agricultural
grazing
ingress/egress/regress
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?
health (inoculations and food preparations HACCP (hazard analysis and critical control point)
safety (building codes for hazards)
welfare (WIC)
general morals (blue laws)
five steps in the planning process
identify a spatial problem
collect pertinent spatial data
develop a plan
implement the plan
evaluate it
3 basic legal mechanisms of planning
zoning
ordinances
subdivision regulations
how do we control development in areas not having zoning controls
we use restrictive covenants also known as a deed restriction