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Final Review (All Quizzes)

Terms in this set (105)

In Congress, a bill must be introduced in

a. the Office of the President.
b. the House of Representatives or the Senate.
c. any federal court.
d. the House of Representatives.
e. the Senate.
The House of Representatives or the Senate
Gina spray painted graffiti on Monica's building without Monica's permission. They both live in New Mexico. The damage to Monica's building totaled $12,000. This case will be heard in:

a. state court, because state courts are courts of limited jurisdiction.
b. federal court, because there is complete diversity.
c. federal court, because federal courts are courts of general jurisdiction.
d. federal court, because there is a federal question.
e. state court, because there is no basis for federal jurisdiction.
State court, because there is no basis for federal jurisdiction
The Supremacy Clause

a. permits the United States to intervene in the affairs of foreign nations for humanitarian crises.
b. permits the United States to lead at the United Nations.
c. prohibits federal law from conflicting with local ordinances.
d. prohibits state law from conflicting with federal law.
e. prohibits federal law from conflicting with state law.
Prohibits state law from conflicting with federal law
The following are courts of limited jurisdiction, except:

a. U.S. bankruptcy court
b. family law court
c. probate court
d. U.S. Tax court
e. Oregon circuit courts
Oregon circuit courts
This state power allows the states to regulate for the health, welfare, and safety of its citizens:

a. police power
b. preemption
c. precedent
d. preponderance of the evidence
e. plain meaning rule
Police power
The doctrine of stare decisis indicates that judges will generally follow established:

a. precedents.
b. public opinion.
c. petitions.
d. preponderance of the evidence.
e. pleadings.
Precedents
Randy owned a company. He asked Stan to dump the company's pollution into a local river, rather than paying for proper disposal. Stan dumped the company's pollution into the local river, as directed. This action violated the Clean Water Act. Vincent saw Stan dump the pollution into the river. Vincent brought a civil suit against Randy, Stan, and the company. Vincent's civil suit will:

a. not be permitted to move forward, because Vincent does not have standing.
b. be permitted to move forward, because of carpe diem.
c. not be permitted to move forward, because Stan was simply following orders.
d. be permitted to move forward, because the Clean Water Act contains a citizen suit provision.
e. not be permitted to move forward, because the river would have to bring its own claim for damages to itself.
Be permitted to move forward, because the Clean Water Act contains a citizen suit provision.
Claims arising under administrative rules and regulations will not be heard by a court without the plaintiff having first:

a. obtained a favorable judgment at the state court level or the U.S. District Court level.
b. been granted a pardon by the president or by the governor of a state.
c. exhausted all administrative remedies.
d. made a motion for the production of real evidence.
e. made a motion for summary judgment.
Exhausted all administrative remedies
When a violation of the federal Clean Water Act occurs within a specific state, the case may be brought in:

a. federal court, because there will be no damages to a legal person.
b. state court, because there is no federal question.
c. federal court, because federal courts are courts of general jurisdiction.
d. federal court, because there is a federal question.
e. state court, because damages are greater than $75,000.
Federal court, because there is a federal question
The plain meaning rule:

a. used by defendants in civil cases as an affirmative defense.
b. the guiding principle of extraterritorial application of U.S. laws.
c. is used by judges to determine statutory meaning.
d. has no place in legal interpretation.
e. is constitutional law.
Is used by judges to determine statutory meaning
Enabling acts create:

a. Congress.
b. federal courts.
c. administrative agencies.
d. Redistricting.
e. Ordinances.
Administrative agencies
People who have specific roles in a civil lawsuit may include all of the following except:

a. defendant
b. judge
c. plaintiff
d. bail bondsman
e. juror
Bail bondsman
Any powers not given to the federal government are reserved to the states or to the people by:

a. the Fifth Amendment.
b. the Tenth Amendment.
c. the First Amendment.
d. the Fourth Amendment.
e. the Fourteenth Amendment.
The Tenth Amendment
The U.S. Circuit Courts of Appeals are:

a. trial courts.
b. federal courts.
c. courts of general jurisdiction.
d. inferior courts.
e. state courts.
Federal courts
U.S. statutes are codified in the:

a. Federal Register.
b. U.S. Code.
c. Code and Register of Federal Actions.
d. Federal Reporter.
e. Code of Federal Regulations.
U.S. Code
Stan jokingly gave Robert the deed to 5 acres that Stan owned. However, Stan did not really intend to give Robert 5 acres. Before handing Robert the deed, Stan said, "This is just a joke, OK?" When Robert was handed the deed, he said, "Thanks! I love this gift!" If Robert sues Stan to enforce this gift, Robert's suit will probably fail because:

a. there was no actual delivery.
b. there was no actual acceptance.
c. there was no intent to transfer title.
d. Robert does not have capacity.
e. Stan does not have capacity.
There was no intent to transfer title
Real property may be acquired by all of the following methods, except:

a. purchase.
b. adverse possession.
c. gift.
d. capture.
e. bequest.
Capture
The following are all required elements of adverse possession, except:

a. actual possession.
b. exclusivity.
c. open and notorious possession.
d. statutory length of time.
e. breaking the sod.
Breaking the sod
Ann and Marc have equal right to the possession and use of an entire property, even if they own unequal shares of the property. However, upon the death of either party, ownership immediately vests in the living party. Which type of ownership interests do Ann and Marc have?

a. Periodic tenancy
b. Tenancy in common
c. Tenancy at will
d. Common law property
e. Joint tenancy
Joint tenancy
Tracy and Rashad have equal right to the possession and use of an entire property, even if they own unequal shares of the property. They have separate individual interests, including the right to sell those interests without consent of the other party. Which type of ownership interest do Stuart and Bub have?

a. Joint tenancy
b. Tenancy at will
c. Periodic tenancy
d. Tenancy in common
e. Community property
Tenancy in common
Which of the following real property is likely to be subject to public trust doctrine restrictions on title transfer?

a. A pier
b. A boathouse
c. A shoreline
d. A boat
e. A beach house
A shoreline
The ownership of land was granted to Tehva by the following language: "To Tehva for as long as she lives. Then to Abigail." Abigail's interest is best described as that of a:

a. tenancy by the entirety.
b. tenancy at sufferance.
c. life tenant.
d. remainderman.
e. life estate.
Remainderman
All of the following are personal property, except:

a. the grain in a silo.
b. a barrel of hazardous waste sitting on the land.
c. a dog.
d. a forest.
e. lumber that will be used to build a house.
A forest
Ayesha is the sole owner of her land. She has the greatest possible ownership estate in her land. She has a:

a. tenancy by the entirety.
b. defeasible fee.
c. fee simple defeasible.
d. fee simple absolute.
e. life estate.
Fee simple absolute
A tenancy at will is characterized by:

a. a prohibition on tenant vacancy.
b. an indefinite duration.
c. a prohibition on renewal.
d. a definite beginning and a definite end.
e. the Statute of Frauds.
An indefinite duration
Dwight lives west of the Mississippi River. Dwight is the sole owner of land that abuts the Rogue River. Dwight is:

a. a riparian land owner.
b. tenant in common.
c. an adverse possessor.
d. in violation of the public trust doctrine.
e. a remainderman.
A riparian land owner
This type of restriction on real property runs with the land.

a. Regulatory takings
b. An easement
c. A tenancy
d. The rule against perpetuities
e. A covenant
A covenant
An association of two or more persons formed to carry on a business for profit is a:

a. committee.
b. partnership.
c. commune.
d. tenancy.
e. legislature.
Partnership
Ann and Marc have equal right to the possession and use of an entire property, even if they own unequal shares of the property. However, upon the death of either party, ownership immediately vests in the living party. That concept where ownership immediately vests in the remaining living party is known as:

a. the right of survivorship.
b. public trust right.
c. right to quiet title.
d. right to open and notorious use of property.
e. riparian right.
The right of survivorship
The following are examples of real property or fixtures, except:

a. an RV.
b. a county road.
c. a permanently affixed road sign.
d. timber, before it is felled.
e. an office building.
An RV
A civil wrong or injury is:

a. federalism.
b. a tort.
c. criminal.
d. forfeiture.
e. community property.
A tort
This tort requires proof that the harm that a statute was designed to prevent occurred to a person whom the statute was intended to protect.

a. Negligence per se
b. Non sequitur
c. Nuisance
d. Novation
e. Negligence
Negligence per se
Assumption of the risk is a defense to:

a. a violation of the public trust doctrine.
b. breach of contract.
c. trespass to land.
d. strict liability.
e. negligence.
Negligence
Shawn loves to grill hot peppers outside on her grill. She grills hundreds of pounds of hot peppers during the spring, summer, and fall. The smoke from the hot pepper grilling burns her neighbors' eyes and, consequently, her neighbors cannot go outside in their own yards during Shawn's grilling season. Shawn is committing the following tort:

a. Trespass to land
b. Strict liability
c. Negligence
d. Nuisance
e. Negligence per se
Nuisance
A plaintiff in a tort case may:

a. bring more than one tort claim at a time.
b. bring more than one statutory claim at a time.
c. bring only one tort claim.
d. bring only one statutory claim.
e. all of the above
All of the above
This type of injury must exist for a negligence claim to succeed:

a. physical.
b. punitive.
c. speculative.
d. permanent.
e. actual.
Actual
The following is a possible remedy in a tort case:

a. Liquidated damages
b. Specific performance
c. Punitive damages
d. Civil disabilities
e. Incarceration
Punitive damages
The following are different classifications of tort, except:

a. strict liability.
b. negligence.
c. intentional.
d. juvenile.
e. All of these are different classifications of tort.
Juvenile
Cynthia decided to dump toxic waste down her kitchen sink. If her actions demonstrated a conscious disregard for a known risk of probable harm to others, she would be described as:

a. a bystander.
b. res ipsa loquitur.
c. distinguished on the facts.
d. reckless.
e. a scapegoat.
Reckless
The following are defenses to various torts, except:

a. assumption of the risk.
b. entrapment.
c. consent.
d. comparative fault.
e. coming to the nuisance.
Entrapment
A monetary award designed to deter a defendant from similar future actions is:

a. right to open and notorious use of property.
b. the rule against perpetuities.
c. punitive damages.
d. the right of survivorship.
e. the public trust doctrine.
Punitive damages
To prove negligence, an plaintiff must prove:

a. entrapment.
b. detrimental reliance.
c. recklessness.
d. duty of care.
e. intent.
Duty of care
Proximate cause can be described as all of the following, except:

a. no unforeseen intervening events.
b. foreseeable injury.
c. a required element of negligence.
d. distinct from actual cause.
e. breach of the duty of care.
Breach of the duty of care
The court ordered Xavier to stop dumping industrial waste into the city sewer system. This order is called:

a. an invective.
b. an irreconcilable difference.
c. an inconvenient truth.
d. an injunction.
e. an intentional tort.
An injunction
This type of liability may be imposed on persons engaged in abnormally dangerous or ultrahazardous activity:

a. reckless
b. depraved
c. strict
d. permanent
e. negligent
Strict
The process of evaluating a property's environmental conditions and assessing potential liability for any contamination is known as:

a. all available inquiries.
b. warrantying the product.
c. construing the terms against the drafter.
d. disclaiming liability.
e. indemnification.
All available inquiries
Modern law expresses ______________, as evidenced by the many warranty obligations implied in law.

a. a duty based worldview
b. caveat emptor
c. a violation of the public trust doctrine
d. liquidated damages
e. caveat venditor
Caveat venditor
When a contract's terms are ambiguous, a judge may:

a. indemnify the state.
b. assign an error of law.
c. issue an eviction order.
d. award punitive damages.
e. construe the terms against the drafter of the contract.
Construe the terms against the drafter of the contract
Leased residential real property is subject to the implied warranty of:

a. habitability.
b. due care.
c. survivorship.
d. indemnification.
e. express.
Indemnification
The following are theories of product liability, except:

a. strict liability.
b. negligence.
c. failure to warn.
d. breach of warranty.
e. misuse.
Misuse
Georgina advertised "ocean front" property" for sale. Sebastian agreed to buy the land. Unfortunately, after the transaction was complete, Sebastian learned that the property was not within sight of the ocean. If Georgina lied to sell the property, she committed:

a. fraud.
b. a mistake.
c. caveat venditor.
d. nuisance.
e. trespass.
Fraud
This is a statement in a contract that one party will not be liable for damages to the other for breach of contract under certain circumstances.

a. Disclaimer
b. Express warranty
c. Injunction
d. Internment
e. Indemnification agreement
Disclaimer
Damages may be recovered for a product that is sold by a merchant but that is not fit for common, ordinary usage under this warranty:

a. implied warranty of purpose
b. implied warranty of merchantability
c. implied warranty of habitability
d. implied warranty of fitness
e. implied warranty of title
Implied warranty of merchantibility
One of the strongest incentives for conducting an environmental audit prior to purchasing real property is the availability of certain defenses to liability under this statute:

a. NEPA
b. TSCA
c. ESA
d. CAA
e. CERCLA
CERCLA
Persons who own commercial land that is environmentally contaminated, but who did not themselves contaminate the land:

a. may be a potentially responsible party under CERCLA.
b. may be liable for cleanup of the land.
c. may be able to assert the innocent landowner defense.
d. could have engaged in all available inquiries.
e. all of the above
All of the above
Which type of warranty is written?

a. Implied-in-fact
b. Fitness for a particular purpose
c. Implied-in-law
d. Express
e. Expected
Express
For contract formation to be valid, a bargained for exchange must have occurred. A bargained for exchange is known as:

a. contestability.
b. caveat venditor.
c. consent.
d. consideration.
e. caveat emptor.
Consideration
This type of warranty is not stated in actual words but it exists by fact or by law:

a. express
b. interest
c. implied
d. expected
e. indemnity
Implied
This agreement is one where one party promises to reimburse another party, or hold that person harmless, for loss or for damage.

a. Disclaimer of the implied warranties
b. Information system
c. Express warranty
d. Indemnification agreement
e. Identity protection
Indemnification agreement
Engaging in ultrahazardous or abnormally dangerous activity can result in this type of liability:

a. intentional
b. negligent
c. punitive
d. speculative
e. strict
Strict
A parcel of land that has been divided into two or more units is a:

a. waste.
b. subdivision.
c. regulatory taking.
d. variance.
e. nuisance.
Subdivision
In the following case, the state held that when the government required an easement as a condition of granting a building permit, this constituted a taking. This is because the condition placed on the building permit was unrelated to the state's purposes of reducing obstacles to public viewing and use of beaches.

a. Township of Blair v. Lamar OCI North Corp
b. Nollan v. Coastal California Commission
c. Tahoe-Sierra Preservation Council v. Tahoe Regional Planning Agency
d. Lucas v. South Carolina Coastal Council
e. Kelo v. City of New London
Nollan v. Coastal California Commission
Gina believed that construction of a hazardous waste incinerator was very important to ensure that hazardous waste was disposed of properly. However, she did not want it located in her neighborhood. This is an example of:

a. NIMBY.
b. GMHB.
c. GMA.
d. CZMA.
e. none of the above
NIMBY
If a state creates a statute that blatantly discriminates against out of state sellers, the state has created a facially discriminatory law. This law violates:

a. the public trust doctrine.
b. caveat venditor.
c. the dormant commerce clause.
d. the implied warranty of purpose.
e. the Property Clause.
The dormant commerce clause
In this case, the court held that an economic development plan that is designed to rejuvenate the community may be a proper purpose for the exercise of the government's power of eminent domain.

a. Tahoe-Sierra Preservation Council v. Tahoe Regional Planning Agency
b. Nollan v. Coastal California Commission
c. Lucas v. South Carolina Coastal Council
d. Township of Blair v. Lamar OCI North Corp
e. Kelo v. City of New London
Kelo v. City of New London
Big Company, Inc. placed a billboard along a well-travelled road. After the billboard had been in place for five years, a zoning ordinance was imposed on that section of the road, which prohibited billboards. The billboard is an example of:

a. an indemnification.
b. a regulatory taking.
c. an exaction.
d. a nonconforming use.
e. a violation of the public trust doctrine.
Nonconforming use
Rezoning of a single parcel is known as ________________, and it is generally not permitted.

a. nonconforming use
b. spot zoning
c. a nuisance
d. a variance
e. a mistake
Spot zoning
An exception to or waiver of the zoning code that is permitted is:

a. spot zoning
b. a nuisance
c. an indemnification
d. a regulatory taking
e. a variance
A variance
Congress manages wild horses on federal lands through powers derived from:

a. the dormant commerce clause.
b. the Property Clause.
c. Article III
d. the Copyright Clause.
e. the Takings Clause.
The property clause
Priyanka did not like the zoning ordinance enacted by her city council, because she feared that her property value would decrease. Priyanka:

a. does not have a good claim for a taking.
b. has violated the public trust doctrine with her concerns.
c. has a good claim for a traditional taking.
d. has a good claim for a regulatory taking.
e. should ask for a variance.
should ask for a variance
The states' power to legislate for the safety of its citizens is known as:

a. power of attorney.
b. police power.
c. consideration.
d. exaction.
e. caveat emptor.
Police power
The legal process by which government exercises its right of eminent domain and acquires private land for public use is known as a:

a. field preemption.
b. variance.
c. dormant commerce transaction.
d. hearing on the merits.
e. condemnation proceeding.
Condemnation proceeding
Congress enacted a statute that required interstate trucking companies to display signs on trucks carrying certain hazardous materials. Congress has the power to enact such a statute because of its powers drawn from:

a. the Supremacy Clause.
b. the U.S. President.
c. the Property Clause.
d. the National Highway Traffic Safety Commission
e. the Commerce Clause.
The commerce clause
The power of eminent domain allows government to:

a. violate the dormant commerce clause.
b. take property and use it for a public purpose.
c. preempt the field.
d. violate the public trust doctrine.
e. avoid paying just compensation.
Take property and use it for a public purpose
The courts have interpreted "public use" in the takings clause to mean:

a. public vision.
b. public purpose.
c. public party.
d. public surplus.
e. public-private partnership.
Public purpose
An agency rule for governing the agency's organization is an example of:

a. a nuisance.
b. a delegation of duties.
c. an interpretive rule.
d. a substantive rule.
e. a procedural rule
A procedural rule
An agency rule that prescribes law or policy is:

a. an interpretive rule.
b. a procedural rule.
c. a nuisance.
d. a delegation of duties.
e. a substantive rule.
A substantive rule
Notice of proposed notice-and-comment rulemaking appears in:

a. the U.S. Code.
b. the Code of Federal Regulations.
c. the U.S. Reporter.
d. the Federal Register.
e. the Federal Reporter.
The Federal Register
This is the standard of review typically applied by the courts in reviewing agency action:

a. strict scrutiny
b. arbitrary and capricious
c. abuse of discretion
d. clear and convincing
e. de novo
Arbitrary and capricious
This case stands for the proposition that courts must defer to an agency's interpretation of the language in the statute that it is authorized to administer.

a. Chevron v. NRDC
b. Citizens to Preserve Overton Park v. Volpe
c. Lujan v. Defenders of Wildlife
d. Massachusetts v. EPA
e. In re Quechee Lakes Corp
Chevron v. NRDC
An administrative agency may lawfully engage in action permitted by its:

a. FOIA.
b. enabling legislation.
c. implied warranty.
d. indemnification authority.
e. exaction.
Enabling legislation
Threshold issues to litigation for judicial review of an administrative agency decision include all of the following except:

a. standing.
b. live case or controversy.
c. finality.
d. ripeness.
e. arbitration.
Arbitration
Jane had the right to challenge an action in court. Jane had:

a. standing.
b. the public trust.
c. conflict preemption.
d. a variance.
e. delegated authority.
Standing
Administrative agency powers typically include all of the following, except:

a. executive.
b. legislative.
c. judicial.
d. rulemaking.
e. delegation.
Delegation
The following are examples of executive powers that may be exercised by administrative agencies, except:

a. seizing property.
b. conducting searches.
c. enforcement of laws.
d. issuing subpoenas.
e. rulemaking.
Rulemaking
Administrative agencies create the following forms of law:

a. rules and regulations
b. statutes
c. common law
d. ordinances
e. executive orders
Rules and regulations
The following limit administrative agency power, except:

a. executive restraints.
b. Congressional restraints.
c. agency restraints.
d. international restraints.
e. judicial review.
International restraints
An agency statement that presents the agency's understanding of the meaning of the language in its regulations or in the statutes it administers is:

a. a nuisance.
b. an interpretive rule.
c. a substantive rule.
d. a procedural rule.
e. a delegation of duties.
An interpretive rule
Most agencies use this type of rulemaking procedure:

a. informal
b. hybrid
c. preemptive
d. implied
e. formal
Informal
This is a legal doctrine that addresses the question of whether a branch of government may constitutionally assign some of its powers or delegate some of its duties to an administrative agency.

a. The doctrine of laches
b. The doctrine of res judicata
c. The assignment doctrine
d. The public trust doctrine
e. The delegation doctrine
The delegation doctrine
Roads are generally not permitted in these federally designated areas:

a. desert
b. forests
c. riparian
d. coastal
e. wilderness
Wilderness
This federal statute is a good example of federalism, because it requires states to develop plans that meet the requirements of federal law:

a. National Environmental Policy Act
b. Atomic Energy Act
c. Coastal Zone Management Act
d. National Parks Service Organic Act
e. Nuclear Waste Policy Act
Coastal Zone Management Act
The following information may be relied upon to determine whether a species should be listed as endangered or threatened under the Endangered Species Act:

a. the "cute" factor
b. scientific data
c. economic impact
d. political favors
e. lobbyist efforts
Scientific data
This statute establishes a health-based safety standard for pesticide residues in all foods:

a. SDWA
b. CERCLA
c. RCRA
d. FQPA
e. FDCA
FQPA
If a state fails to achieve compliance within its borders to meet the EPA standards for air quality, the state may be subject to a:

a. NAAQS.
b. FONSI.
c. NPDES.
d. FIP.
e. SIP.
FIP
One way that federal agencies show that they have considered consequences of their proposed actions is through the preparation of an:

a. EIS.
b. EPA.
c. ESA.
d. EOP.
e. EHS.
EIS
This statute establishes a national hazardous waste management program, provides for state or regional solid waste plans, and regulates underground storage tanks:

a. RCRA
b. SDWA
c. CERCLA
d. FIFRA
e. TSCA
RCRA
The Premanufacture Notification Program was established by:

a. CERCLA.
b. TSCA.
c. SDWA.
d. FIFRA.
e. RCRA.
TSCA
In designating critical habitat for an endangered species, the following must be taken into consideration:

a. political favors
b. economic impact
c. lobbyist efforts
d. whether the species should be listed as endangered
e. the "cute" factor
Economic impact
The EPA has the authority to regulate certain pesticides, including conducting inspections and requiring labeling of pesticides, under this statute:

a. SDWA
b. NEPA
c. RCRA
d. FIFRA
e. TSCA
FIFRA
A species that is likely to become endangered in the future is:

a. a charismatic species.
b. an invasive species.
c. a keystone species.
d. a threatened species.
e. a nuisance species.
A threatened species
Under the Endangered Species Act, ________________ is defined as "harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or attempt to engage in any such conduct."

a. a recovery
b. an extinction
c. a taking
d. a listing
e. a threat
A taking
This Clean Air Act requires the EPA to establish standards for ________ criteria pollutants.

a. five
b. four
c. seven
d. six
e. three
Six
This agency has the authority manage national forests:

a. NOAA
b. USFS
c. FDA
d. BLM
e. EPA
USFS
This statute requires that the EPA establish tolerances for pesticide residues in food or animal feed:

a. SDWA
b. RCRA
c. FDCA
d. CERCLA
e. FQPA
FDCA
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