Details Title: E-Law Exam 1 Description: first test Tues! Total Flash Cards: 41 Created: 09/26/2009 17:41:58		New Users: To study from this flashcard set, or to create your own your own study flash cards, REGISTER HERE. Existing Users: CLICK HERE. Additional Environmental Studies Flashcards
Cards in this set: Term Superfund Definition Comprehensive Environmental Response, Compensation & Liability Act (1980); the OPA (Oil Pollution Act) was added in 1990 Term Sierra Club v Morton Definition controversy: putting highway and powerline through national forest. Established a wide definition of standing. Term resource orientation: which two opposing viewpoints are there surrounding this concept? Definition unlimited exploitation V wise use Term protection orientation: which two opposing viewpoints are there surrounding this concept? Definition conservation V preservation "nature endangered" vs "preservation of unique value" Term rights orientation: which two opposing viewpoints are there surrounding this concept? Definition attribution of rights to animals V to ecosystems Term holistic orientation: what is this? Definition The concept of "deep ocology" is a way to look at nature; understand how everything works together Term What are the 4 categories of opposing views of the environment are there? Definition resource, protection, rights, holistic Term what is the precautionary principle as related to policy-making in environmental agencies? Definition don't make any intractable decisions! Term punitive damages as related to compensatory damages? Definition compensatory damages are much more common than punitive damages, perhaps because the value is more easily assigned to the damages Term injunction Definition court order preventing defendant from engaging in a certain activity Term What are the sources of law (7 kinds)? Definition constitutional, treaties, state & fed statutes, ordinance, administrative, common Term What are the three levels of courts? Definition inferior (limited jurisdiction, ex: small claims courts), trial courts (majority! state facts and apply law), appellate courts (hear appeals from trial courts) Term What are the 4 kinds of jurisdiction and what do they mean? Definition subject matter j in personam j (defendant is state res) in rem j (property involved is in-state) long-arm statute (court decides it has j) Term What are the two most important cases in which federal courts have jurisdiction? Definition Federal Question Jurisdiction (case involves substantial fed. question) Diversity Jurisdiction (dispute is between residents of different states and amount in question -damages- are more than $75000) Term What kinds of cases can the Supreme Court hear? Definition 2+ states dispute OR fed govt/state govt dispute Term writ of centiorari Definition supreme court does not have to hear cases but chooses to Term centoirari jurisdiction Definition this exists in cases where: -a person challenges validity of treaty or federal statute -person alleges that state statute conflicts w/federal law -person claims right/privilege/immunity under federal law Term What are the THREE thresholds that must be met before litigation can proceed? Definition Standing- legal right to press a claim Case or Controversy?- there must be a live dispute over an enforcable law Ripe?- Injury must be imminent Term What is enabling legislation? Definition statutes created by an agency Term delegation doctrine Definition Courts use this to examine he question of whether legislative or executive branches have clear power to create the statutes and legislation that they do Term Administrative Procedure Act Definition 1946, establishes basic framework of agency action: minimum procedure requirements for rule-making and adjucation Term Why is rule-making preferable to adjucation? Definition rule-making is prospective rather than retrospective Term What are the three procedures for rule-making under the APA? Definition Formal- oral hearing, etc Informal- "notice and comment" Hybrid- formal + informal Term Why is the Chevron USA Inc vs Natural Resources Defense Council case significant? Definition It established that the courts must respect agency decisions on decisions they are explicitly allowed to decide. Term What are the three basic powers of federal agencies? Definition 1) make rules 2) adjucation (case-by-case decision making) 3) investigatory procedures (searches, etc) Term What are 4 ways in which agencies can have their power checked? Definition 1) budget cut from higher up 2) judicial review 3) constitutional review 4) congressional assessment Term public trust doctrine Definition recognizes public's interest in common property Term What is joint tenancy characterized by? Definition The right of survivorship Term What are the REQUIRED ELEMENTS for adverse possession? Definition 1) hostile! 2) actual possession 3) open and notorious 4) continuous 5) exclusive Term fee simple absolute = ? Definition ownership interest Term fee simple defeasible = Definition conditional fee; title w/conditions Term a fee simple defeasible with a right to reverter means Definition the original owner can regain the title to the property if you break the rules within your title Term the remainder man has... Definition the right to revert interest in the land Term life estate interest Definition use of land for life, after death ownership rights revert to original owner Term waste (context of prop rights) Definition someone with conditional fee fundamentally changes the character of the land Term What's the difference between tenancy in common and joint tenancy? Definition tenancy in common is 2 ppl with undivided interest joint tenancy only exists for married couples: they are one entity Term Community Property Statute Definition only in 9 states; anything given to one member of married couple is property of both Term trespass tort vs nuisance tort Definition person interferes w/owner's property vs person interferest w/quiet use of one's land Term Which proof is difficult to find in a negligence claim? Definition causation Term Elements of Negligence (5) Definition 1) duty of care is ignored 2) activity breaches reasonably prudent person's standard 3) there must be actual causation 4) Proximate causation: no unforseen, intervening events 5) Injury Term Defenses to Negligence Definition 1) assumption of risk 2) contributory negligence 3) comparative fault (fault divided unevenly between parties)