Term
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Definition
| Comprehensive Environmental Response, Compensation & Liability Act (1980); the OPA (Oil Pollution Act) was added in 1990 |
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Term
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Definition
| controversy: putting highway and powerline through national forest. Established a wide definition of standing. |
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Term
| resource orientation: which two opposing viewpoints are there surrounding this concept? |
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Definition
| unlimited exploitation V wise use |
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Term
| protection orientation: which two opposing viewpoints are there surrounding this concept? |
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Definition
conservation V preservation
"nature endangered" vs "preservation of unique value" |
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Term
| rights orientation: which two opposing viewpoints are there surrounding this concept? |
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Definition
| attribution of rights to animals V to ecosystems |
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Term
| holistic orientation: what is this? |
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Definition
| The concept of "deep ocology" is a way to look at nature; understand how everything works together |
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Term
| What are the 4 categories of opposing views of the environment are there? |
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Definition
| resource, protection, rights, holistic |
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Term
| what is the precautionary principle as related to policy-making in environmental agencies? |
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Definition
| don't make any intractable decisions! |
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Term
| punitive damages as related to compensatory damages? |
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Definition
| compensatory damages are much more common than punitive damages, perhaps because the value is more easily assigned to the damages |
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Term
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Definition
| court order preventing defendant from engaging in a certain activity |
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Term
| What are the sources of law (7 kinds)? |
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Definition
| constitutional, treaties, state & fed statutes, ordinance, administrative, common |
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Term
| What are the three levels of courts? |
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Definition
| inferior (limited jurisdiction, ex: small claims courts), trial courts (majority! state facts and apply law), appellate courts (hear appeals from trial courts) |
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Term
| What are the 4 kinds of jurisdiction and what do they mean? |
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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) |
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Term
| What are the two most important cases in which federal courts have jurisdiction? |
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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) |
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Term
| What kinds of cases can the Supreme Court hear? |
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Definition
| 2+ states dispute OR fed govt/state govt dispute |
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Term
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Definition
| supreme court does not have to hear cases but chooses to |
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Term
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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 |
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Term
| What are the THREE thresholds that must be met before litigation can proceed? |
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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 |
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Term
| What is enabling legislation? |
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Definition
| statutes created by an agency |
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Term
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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 |
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Term
| Administrative Procedure Act |
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Definition
| 1946, establishes basic framework of agency action: minimum procedure requirements for rule-making and adjucation |
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Term
| Why is rule-making preferable to adjucation? |
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Definition
| rule-making is prospective rather than retrospective |
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Term
| What are the three procedures for rule-making under the APA? |
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Definition
Formal- oral hearing, etc
Informal- "notice and comment"
Hybrid- formal + informal |
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Term
| Why is the Chevron USA Inc vs Natural Resources Defense Council case significant? |
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Definition
| It established that the courts must respect agency decisions on decisions they are explicitly allowed to decide. |
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Term
| What are the three basic powers of federal agencies? |
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Definition
1) make rules
2) adjucation (case-by-case decision making)
3) investigatory procedures (searches, etc) |
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Term
| What are 4 ways in which agencies can have their power checked? |
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Definition
1) budget cut from higher up
2) judicial review
3) constitutional review
4) congressional assessment |
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Term
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Definition
| recognizes public's interest in common property |
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Term
| What is joint tenancy characterized by? |
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Definition
| The right of survivorship |
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Term
| What are the REQUIRED ELEMENTS for adverse possession? |
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Definition
1) hostile!
2) actual possession
3) open and notorious
4) continuous
5) exclusive |
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Term
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Definition
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Term
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Definition
| conditional fee; title w/conditions |
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Term
| a fee simple defeasible with a right to reverter means |
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Definition
| the original owner can regain the title to the property if you break the rules within your title |
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Term
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Definition
| the right to revert interest in the land |
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Term
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Definition
| use of land for life, after death ownership rights revert to original owner |
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Term
| waste (context of prop rights) |
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Definition
| someone with conditional fee fundamentally changes the character of the land |
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Term
| What's the difference between tenancy in common and joint tenancy? |
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Definition
tenancy in common is 2 ppl with undivided interest
joint tenancy only exists for married couples: they are one entity |
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Term
| Community Property Statute |
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Definition
| only in 9 states; anything given to one member of married couple is property of both |
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Term
| trespass tort vs nuisance tort |
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Definition
| person interferes w/owner's property vs person interferest w/quiet use of one's land |
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Term
| Which proof is difficult to find in a negligence claim? |
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Definition
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Term
| Elements of Negligence (5) |
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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 |
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Term
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Definition
1) assumption of risk
2) contributory negligence
3) comparative fault (fault divided unevenly between parties) |
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