©BRIGHTSTARS EXAM SOLUTIONS
11/16/2024 10:16 AM
ENR 4400 Exam 3 Questions With Correct
Answers
In this US Supreme Court case the Court chastised the USEPA for its 10 year review regarding
the regulation of asbestos and is often cited to represent the "paralysis by analysis" principle. -
answer✔Corrosion Proof Fittings v. USEPA
Traffic violations constitute this category of crime. - answer✔Misdemeanor
This Constitutional Amendment protects against unwarranted invasion of our homes by law
enforcement. - answer✔Fourth Amendment
This ruling established that, prior to being taken into police questioning, an accused must be
notified of his rights. - answer✔Miranda Rule
This group of citizens decides whether probable cause exists that a crime has been committed -
answer✔Grand Jury
This "state of knowing" represents a body of systematized knowledge as a result of study. -
answer✔Science
This principle can be stated as "better safe than sorry." - answer✔Precautionary principle
This is the first authority in which a court issued an injunction pursuant to authority in the
newly enacted Clean Water Act. - answer✔Reserve Mining v. USEPA
In the en banc opinion of Reserve Mining v. USEPA, the court made this statement in regards to
court action in the face of less than scientific certainty, but with reasonable medical concern. -
answer✔"Courts should not be powerless to act in the face of scientific uncertainty"
This was the first reported air pollution nuisance case in history. - answer✔Aldred v. Benton
In nuisance common law, these factors are considered a "right" of every homeowner -
answer✔Fresh air and light
1|Page
, ©BRIGHTSTARS EXAM SOLUTIONS
11/16/2024 10:16 AM
This legal doctrine applies to a landowner who knowingly moves into an area generally reserved
for industrial or agricultural facilities - answer✔Coming to the nuisance
In this Supreme Court decision, the Court declared the doctrine of "Public Nuisance," where the
injury or loss is suffered by the community as a whole rather than an individual - answer✔Spur
v. Webb
The court applied this unique remedy in its resolution of the Spur v. Webb dispute. -
answer✔Indemnification
This characteristic describes how common law changes gradually. - answer✔Malleability
This is the most important rule of statutory interpretation. - answer✔Plain meaning of the
words at issue (Dictionary definition)
This legal doctrine involves the ability of a party to bring a lawsuit based on her "stake" in the
outcome. - answer✔Standing
This legal doctrine considers whether the issue in a case before the court has matured into a
controversy - answer✔Ripeness
This system of basic rules and maxims is applied by a court to aid in its interpretation of a
written document. - answer✔Canons of construction
This rule provides that, upon acquisition of 65% of necessary participation for a proposed
fracking operation, the Chief of Ohio's Oil and Gas Division may compel participation of the
remaining landowners. - answer✔Unitization
This is the primary concern in drilling a fracking well - answer✔Was the well properly
constructed?
These are the two main shale plays in Ohio. - answer✔Marcellus and Utica
The goal of these laws is to ensure open government in Ohio. - answer✔Public Records Laws
This term describes the fracking wastewater. - answer✔Flowback
The Latin phrase "habitatio homines" establishes one common law factor used to determine
nuisance claims. - answer✔The right to inhabit one's domicile
This is the main concern of the Amendments protecting the rights of the accused -
answer✔Procedural Due Process
2|Page
11/16/2024 10:16 AM
ENR 4400 Exam 3 Questions With Correct
Answers
In this US Supreme Court case the Court chastised the USEPA for its 10 year review regarding
the regulation of asbestos and is often cited to represent the "paralysis by analysis" principle. -
answer✔Corrosion Proof Fittings v. USEPA
Traffic violations constitute this category of crime. - answer✔Misdemeanor
This Constitutional Amendment protects against unwarranted invasion of our homes by law
enforcement. - answer✔Fourth Amendment
This ruling established that, prior to being taken into police questioning, an accused must be
notified of his rights. - answer✔Miranda Rule
This group of citizens decides whether probable cause exists that a crime has been committed -
answer✔Grand Jury
This "state of knowing" represents a body of systematized knowledge as a result of study. -
answer✔Science
This principle can be stated as "better safe than sorry." - answer✔Precautionary principle
This is the first authority in which a court issued an injunction pursuant to authority in the
newly enacted Clean Water Act. - answer✔Reserve Mining v. USEPA
In the en banc opinion of Reserve Mining v. USEPA, the court made this statement in regards to
court action in the face of less than scientific certainty, but with reasonable medical concern. -
answer✔"Courts should not be powerless to act in the face of scientific uncertainty"
This was the first reported air pollution nuisance case in history. - answer✔Aldred v. Benton
In nuisance common law, these factors are considered a "right" of every homeowner -
answer✔Fresh air and light
1|Page
, ©BRIGHTSTARS EXAM SOLUTIONS
11/16/2024 10:16 AM
This legal doctrine applies to a landowner who knowingly moves into an area generally reserved
for industrial or agricultural facilities - answer✔Coming to the nuisance
In this Supreme Court decision, the Court declared the doctrine of "Public Nuisance," where the
injury or loss is suffered by the community as a whole rather than an individual - answer✔Spur
v. Webb
The court applied this unique remedy in its resolution of the Spur v. Webb dispute. -
answer✔Indemnification
This characteristic describes how common law changes gradually. - answer✔Malleability
This is the most important rule of statutory interpretation. - answer✔Plain meaning of the
words at issue (Dictionary definition)
This legal doctrine involves the ability of a party to bring a lawsuit based on her "stake" in the
outcome. - answer✔Standing
This legal doctrine considers whether the issue in a case before the court has matured into a
controversy - answer✔Ripeness
This system of basic rules and maxims is applied by a court to aid in its interpretation of a
written document. - answer✔Canons of construction
This rule provides that, upon acquisition of 65% of necessary participation for a proposed
fracking operation, the Chief of Ohio's Oil and Gas Division may compel participation of the
remaining landowners. - answer✔Unitization
This is the primary concern in drilling a fracking well - answer✔Was the well properly
constructed?
These are the two main shale plays in Ohio. - answer✔Marcellus and Utica
The goal of these laws is to ensure open government in Ohio. - answer✔Public Records Laws
This term describes the fracking wastewater. - answer✔Flowback
The Latin phrase "habitatio homines" establishes one common law factor used to determine
nuisance claims. - answer✔The right to inhabit one's domicile
This is the main concern of the Amendments protecting the rights of the accused -
answer✔Procedural Due Process
2|Page
