ARE 309 Trine Exam 1

The Exposome

According to a recent article in The New York Times, this is the term scientists now use to describe the lifetime exposure to substances in the human environment

She is the author of Silent Spring, a book which increased public awareness of man-made ecosystem harm

What is Rachel Carson's contribution to environmental law, which built political support through the 1960s for the eventual passage of federal environmental laws?

President Richard Nixon presented Plan of Reorganization No. 3 to Congress on July 9, 1970

How was the EPA created?

Establish local building permit regulations for storm water control

Which below is not a function of the Environmental Protection Agency?

environmental economic externality

“A consequence of an agent's action upon the human environment, for which the agent is neither compensated nor penalized through markets” is a definition of:

US Congress

Established the purpose of federal environmental protection legislation

Federal Agencies

Promulgate rules and regulations for the federal standards of environmental quality

State Agencies

Implement and enforce federal environmental law at the state and local level

State and federal courts

Review the authority for environmental regulation and enforcement

US Department of Interior

Parent agency of US Fisheries & Wildlife Service

US Department of Interior

Parent agency of Bureau of Land Management

Department of Defense

Parent agency of Army Corps of Engineers

US Department of Agriculture

Parent agency of US Forest Service

Department of Energy

Parent agency of Federal Energy Regulatory Commission

US Department of Agriculture

parent agency of natural resources conservation service

Require firms to internalize the environmental externalities in their manufacturing processes

What is the goal of certain "technology forcing" requirements of federal pollution control legislation?

To require a federal agency to follow a process of public disclosure that discloses the potential environmental impacts of major federal government actions

The basic purpose of the National Environmental Policy Act of 1969 is what?

common law

The legal system found primarily in countries of the former British Empire, where law is primarily made by courts whose decisions serve as precedent for settling future disputes

civil law

The legal system with its origins in the Roman legal system, whereby law is made in the abstract by legislation and applied disputes without setting precedent

substantive law

That part of law which creates, defines, and regulates the personal sovereignty and property rights of people

procedural law

That part of law which prescribes method of enforcing personal sovereignty and property rights of people or obtaining redress for their invasion by government and other people

The Corpus Juris Civilis was to become the foundation of English common law following its introduction to King Æthelberht of Kent in 597 CE.

Which statement below is not true regarding the 6th Century Roman Corpus Juris Civilis?

comprised of three components: The Codex, which was a list of legal rules; The Digest, which was a summary of recorded judicial decisions; and the Institutes, written as a law text for students

The corpus juris civilis WAS

a three component compendium of Roman law commissioned by East Roman Emperor Justinian to stream line and summarize previous Roman codes

The corpus juris civilis WAS

known to kingdoms in the former Western Roman Empire in the 11th and 12th centuries, eventually becoming the basis for several modern European legal codes

The corpus juris civilis WAS

The Pentateuch

The term for the first five books of the Old Testament (and the Hebrew Torah) that contain what is referred to as Mosaic Law?

Natural Law

Immutable law that is inseparable from the being, that which cannot be granted by human authority; an early concept of civil liberties (Greek concept)

Positive Law

That law which is created by human authority (Greek concept)

Distributive Law

The philosopher Aristotle's theory of law requiring members of a polity to share both the benefits and the burdens of a peaceful society (Greek concept)

Corrective Law

The philosopher Aristotle's theory of law requiring recompense for an unjust deprivation (Greek concept)

capitulary

a written code from a monarch of a kingdom in the early Middle Ages

glossators

early law professors who studied the Corpus Juris Civilis and made notes in the margins to enhance understanding of the code

The rise of universities in the continental kingdoms of the High Middle Ages (12th through 14th centuries CE), where scholars from Bologna would teach the Corpus Juris Civilis

What was the key factor in the increased awareness of the Corpus Juris Civilis among the kingdoms of what would become modern Europe?

stare decisis

The concept whereby a certain court opinion is considered precedent that binds subsequent and lower courts in their application of legal principle

The King William I established a court system employing customary law in a unified realm at a time before the introduction of the Corpus Juris Civilus to the various kings of the European continent

According to the Timing Theory, how is it that the Common Law tradition takes hold in England instead of the Corpus Juris Civilis (Civil Law) tradition?

The Magna Carta Libertatum

Which historical document is credited establishing in the Anglo/American legal system an individual's right to due process?

That the common law is not based on logic, but on experience

Supreme Court Associate Justice Oliver Wendell Holmes, Jr. - in his collection of essays - tells us what?

Great Depression

The case of Wickard v. Filburn concerned federal legislation designed to alleviate agricultural woes attributed to what?

Whether the federal regulation of harvested wheat reserved purely for intrastate on-farm use is an excessive use of federal power in violation of the Commerce Clause?

The primary issue in Wickard v. Filburn can be summarized as follows:

The Agricultural Adjustment Act of 1938

The case of Wickard v. Filburn concerned the constitutionality of the implementation of what legislation?

Filburn

plaintiff AND appellee, wickard v. filburn

wickard

defendant AND appellant, wickard v. filburn

The Federal District Court for the Southern District of Ohio

Where was the complaint in Wickard v. Filburn originally filed?

'available for marketing'

Justice Jackson's opinion reveals that the Agricultural Adjustment Act defines the point at which a product produced on the excess acreage is subject to a penalty.  What is it?

'manifest error'

What phrase does Justice Jackson use to describe the lower court's ruling on the case?

'dicta' in previous Supreme Court opinions from the 19th century, whereby "production" and "manufacturing" were treated as local (intrastate) matters

Rosco Filburn (the appellee) argues that the Commerce Clause does not give Congress power to regulate "production" or "consumption," but only "marketing."  What does he use to support this argument?

 United States v Wrightwood Dairy Co., 315 U.S. 110, 119, 62 S.Ct. 523, 526, 86 L.Ed. 726

Justice Jackson notes that the Court did not much take up the question of Congress' Commerce Clause powers of interstate commercial regulation during the 19th century, whereby matters before the Court mostly dealt with whether a state law interfered with the Commerce Clause, and concepts like "production" and "manufacturing" and "mining" were local in character.  After which case did the Court begin to recognize the interstate impact of such activity?

substantial economic effect

What is the term employed by Justice Jackson to describe when an otherwise intrastate "local" matter falls within Congress' commerce clause regulatory power?

Congress, with its 'more flexible and responsive process'

Justice Jackson describes the essence of government regulation as

"a restraininghand on the self-interest of the regulated and that advantages from the regulation commonly fall to others."

Where does he suggest those so restrained find redress?

That Filburn had several administrative remedies to avoid the penalty

AND

That Filburn was aware that a penalty for market production in excess of his acreage quota

AND

though of the increased penalty, Filburn threshed his excess wheat to make it available for market

(all of the above)

The Supreme Court found that the USDA had not violated Roscoe Filburn's 5th Amendment right of due process.  What was reason did it give?

that all power is vested in and thus derived from the people

The author of the Declaration of Independence, Thomas Jefferson, drew heavily on the recently-written Virginia Declaration of Rights to outline the document which would be signed just a month later. What is the fundamental tenet outlined in the Declaration Section 2?

That states accord full faith and credit to the validity of the judgments of judicial proceedings of other states

The written structure that coordinated the former British colonies as a relatively cohesive unit during the Revolutionary War - known as the Articles of Confederation - would be replaced by the U.S. Consitution in 1787. Which below is a notable contribution of the Articles of Confederation to the concepts enshrined in the U.S. Constitution?

.

a guarantee of trial by jury

AND

the banning of slavery and involuntary servitude

AND

that estates of the deceased were to be divided up equally among the children of the deceased

(All of the above)

What was one of the major tenets of the Northwest Ordinance of 1787 for the settlement of the Northwest Territory (Ohio Valley)? (link opens in new window)

Federalist Papers

The series of pamphlets and essays written by James Madison, John Jay and Alexander Hamilton generally extolling the virtues of the new U.S. Constitution were called what?

The Legislature

Subject matter of Article I

The Executive

Subject matter of Article II

The Judiciary

Subject matter of Article III

The Roles of the States

Subject matter of Article IV

Amending the Constitution

Subject matter of Article V

Declaring US Constitution as “supreme law of the land”

Subject matter of Article VI

Interstate Compacts

Agreements between two or more states, that are approved by Congress, are called 

A local government has no power without state statutory authorization

As applied in North Carolina, the concept of Dillon's Rule refers to what?

state constitution

Name the highest source of law for a state.

commerce clause

Though all of the U.S. Constitutional powers listed below authorize in some measure federal environmental legislation and regulation, which is by far the most prominent?

supremacy clause

basis for federal preemption

judicial review

The case of Marbury v. Madison in 1803 established the concept of                                           , which ensures the balance of power by allowing the judiciary to affirm or deny the constitutionality of legislative and executive action.

14th amendment

State laws were not bound to the protections of individual liberty found in U.S. Const. Amendments 1 through 9 until passage of which Amendment?

sovereign entities within a Federal system 

states are

any word, clause or phrase in the U.S. Constitution

highest source of US law

full faith and credit clause

Article IV of the U.S, Constitution requires that states should respect the legal validity of laws of other states.  This is known as the 

That no state may deny to any person within its jurisdiction the equal protection of the laws

Following its ratification, the U.S. Congress added 9 amendments (known as the Bill of Rights) to the U.S. Constitution to protect individual liberties from the power of the federal government.  However, such protection did not specifically apply to the states until the passage of the Fourteenth Amendment following the American Civil War.  What is the 14th Amendment's primary protection?

The authority to make agreements with one another

AND

The authority to pass laws that impair private contracts

AND

The authority to coin money that would be recognized as legal tender

AND

The authority to restrict travel of residents coming from other states.

(all of the above)

Which of the following powers (sovereignty) did the states relinquish to the federal government when they ratified the U.S. Constitution in 1789?

federalism

The concept that the United States is a nation of dual sovereignty where the federal government and states may in some respects operate without interference of the other

supremacy clause

The statement that, in matters authorized to the federal government by the U.S. Constitution, the federal law is superior to state law if the federal government so chooses

concurrent jurisdiction

When federal legislation does not pre-empt the states' ability to legislate the same subject matter

sovereignty

The right and power of regulating one's internal affairs without foreign dictation

By retaining sovereignty not relinquished in the words of the Constitution to the federal sovereign, the state was guaranteed - as the bargain for its ratification of the Constitution - that it could develop its own economic and social policies for those people domiciled within their boundary

The Tenth Amendment to the US Constitution ensures state sovereignty how?

Prohibition on taking of private property for public use without just compensation

AND

Requirement of due process

(a and b only)

The Fifth Amendment to the United States Constitution, as applied to the states, serves as a restraint on state, county and municipal zoning authority.  What is the nature of this restraint?

eminent domain

The legal process by which the government - state or federal - condemns land for public use and which satisfies the due process and takings clauses of the 5th Amendment is called what?

When the government intends to transfer the land to another private party for private use

When may a government not exercise its power to take land from a private owner under eminent domain?

police power

A state has the legal authority to require counties to pass zoning ordinances by virtue of what power?

zoning decisions follow a comprehensive plan

A zoning decision is more likely to be upheld if what?

An light industrial developer purchases a tract of land in a remote area zoned to allow light industrial uses, but after the purchase the county re-zones the area to prohibit his intended use, leaving him with no option to recoup his investment.

In which example below is a jury most likely to find a regulatory taking following the rule of Penn Central?

Yes, so long as his easement is less than 100 feet wide.

Joe Manchin Gas - a natural gas pipeline developer - wants to build a pipeline from the North Carolina border north of Rockingham, NC connecting with a pipeline from Virginia, and running it southeast to Burlington, NC. He tries and fails to negotiate an easement across John Fetterman Farmer's land, and wishes to file eminent domain. Will he succeed? (hint: review §40A-3(a))

Only because the North Carolina General Assembly authorizes it to do so.

How does a local government - municipal or county - have the power to regulate use or lane.

stare decisis

The concept whereby a certain court opinion is considered precedent that binds subsequent and lower courts in their application of legal principle

A law review article published by a law school

Which of the following is not considered primary legal authority?

Federal District Court

F. Supp. is an abbreviation for

Federal Circuit Court of Appeals

F.2d is an abbreviation for

US Supreme Court

S.C. is an abbreviation for

North Carolina Court of Appeals

N.C.App. is an abbreviation for

North Carolina Supreme Court

N.C. is an abbreviation for

blue book

The standard legal reference book on rules of citation for legal authority (cases and statutes) and other published, written or digital sources is called what?

Federal District Court for the Eastern District of North Carolina

AND

Bertie County Superior Court

(Federal district courts and North Carolina superior courts are trial courts where witness testimony is heard) (A and E ONLY)

In which of the following courts could one hear the testimony of an expert witness on whether crop damage was caused by misapplication pesticide?

plaintiff

first party to initiate court action to recover damages for alleged injury

defendant

party who must answer complaint filed against him or her

appellant

part who believes the law was misapplied to the facts of their claim or defense

appellee

party whose name appears second in a published appeals court case

counter-claimant

A defendant who, also claiming injury by the plaintiff, responds in his or her answer with his or her own claim for relief against plaintiff

cross-claimant

In a court action with multiple defendants, a defendant who seeks compensation from one of his or her co-defendants