ENR 4400 Exam 1 Study Guide @
2024-2025
what is law? - Answer something that must be obeyed
what are two functions of law? - Answer - maintain order
- resolve disputes
- protect citizens from government
what is the law from the code of Hammurabi that we have incorporated into our
American legal system? - Answer One of the first written legal systems with scaled
punishments (eye for an eye, tooth for tooth) based on class/societal worth (the eye of
an aristocrat is of more value than the eye of a plebeian). It also included contracts
(what is fair compensation) and provided for divorce.
what do the minimum wage act or the equal housing act say about our beliefs as a
society? - Answer assure decencies of life
tell me the tale of seaman holmes and why the law dealt leniently with him. - Answer
human frailty, in emergency, did it to save other lives
In a feudalistic lan tenure system, who holds titles (owns) all the land? - Answer King
What is "fee simple" ownership? - Answer freehold system of estates
Property rights accompany ownership in fee simple land tenure, with seperate rights
represented as sticks in a bundle. List 3 "sticks" that accompany fee simple ownership.
- Answer - lease
- possess
- subdivide
- leave in will
- mortgage
List two rights/sticks that the government maintains. - Answer - tax
- take for public use
- escheat
What is the public trust doctrine? - Answer - some lands cannot be privatized and must
maintain for public use
, - preserve and maintain
- tidelands case: exapands PT to tidelands, mono lake- expands to non-navigable
tributaries
In what united states supreme court case was the doctrine first set forth? - Answer
Central Illinios Railroad Company vs. Illinios
MR. AND MRS. JUST WANTED TO DEVELOP THEIR LAKESHORE PROPERTY IN
WISCONSIN. WHEN THE ZONING COMMISSION DENIED THEM THE NECESSARY
PERMITS FOR DEVELOPMENT, THEY SUED, CLAIMING THAT THE GOVERNMENT HAD
"TAKEN" THEIR LAND AND, AND, THEREFORE, AS PROVIDED IN THE FIFTH
AMENDMENT TO THE CONSTITUTION, THEY WERE ENTITLED TO "JUST
COMPENSATION." DID THE JUSTS PREVAIL? EXPLAIN YOUR ANSWER. - Answer - the
Justs lost the case - there was a zoning law which protected PT wetlands
- not taking because they can still use the land
WHAT IS THE CONCEPT OF FEDERALSIM AS ESTABLISHED IN THE UNITED STATES
CONSTITUTION? - Answer state and federal government
WHAT GOVERNMENT BODY DOES THE CONSTITUTION AUTHORIZE TO MAKE LAWS? -
Answer legislature
NAME TWO OTHER "AGENCIES OF LAW." - Answer - administrative
- judicial/courts
WHAT IS CALLED 'THE ELASTIC CLAUSE' IN THE CONSTITUTION AND WHY? - Answer
- Article 1 section 8
- make all laws necessary and proper
PROFESSOR SEAN MULHOLLAND, FACULTY AT STONEHILL COLLEGE IN
MASSACHUSSETTS, DISCUSSED THE PROBLEMS ASSOCIATED WITH "OPEN ACCESS
RESOURCES." IN 1968 BIOLOGIIST GARRETT HARDIN DISCUSSED THE SAME ISSUES
AND THE SAME RESOURCES. WHAT DID PROFESSOR HARDEN CALL OPEN ACCESS
RESOURCES? - Answer
WHAT DOES PROFESSOR HARDIN MEAN BY THE 'DILEMMA' RESENTED BY
PROBLEMS WITH NO TECHNICAL SOLUTION? - Answer
WHAT IS A "MALTHUSIAN SOLUTION?" TO POPULATION DEMANDS ON EARTH'S
RESOURCES? - Answer
WHAT IS ADMINSITRATIVE LAW? - Answer regulations
FROM WHAT/WHOM DOES AN ADMINISTRATIVE AGENCY DERIVE ITS AUTHORITY? -
Answer statutory laws made by legislatures
2024-2025
what is law? - Answer something that must be obeyed
what are two functions of law? - Answer - maintain order
- resolve disputes
- protect citizens from government
what is the law from the code of Hammurabi that we have incorporated into our
American legal system? - Answer One of the first written legal systems with scaled
punishments (eye for an eye, tooth for tooth) based on class/societal worth (the eye of
an aristocrat is of more value than the eye of a plebeian). It also included contracts
(what is fair compensation) and provided for divorce.
what do the minimum wage act or the equal housing act say about our beliefs as a
society? - Answer assure decencies of life
tell me the tale of seaman holmes and why the law dealt leniently with him. - Answer
human frailty, in emergency, did it to save other lives
In a feudalistic lan tenure system, who holds titles (owns) all the land? - Answer King
What is "fee simple" ownership? - Answer freehold system of estates
Property rights accompany ownership in fee simple land tenure, with seperate rights
represented as sticks in a bundle. List 3 "sticks" that accompany fee simple ownership.
- Answer - lease
- possess
- subdivide
- leave in will
- mortgage
List two rights/sticks that the government maintains. - Answer - tax
- take for public use
- escheat
What is the public trust doctrine? - Answer - some lands cannot be privatized and must
maintain for public use
, - preserve and maintain
- tidelands case: exapands PT to tidelands, mono lake- expands to non-navigable
tributaries
In what united states supreme court case was the doctrine first set forth? - Answer
Central Illinios Railroad Company vs. Illinios
MR. AND MRS. JUST WANTED TO DEVELOP THEIR LAKESHORE PROPERTY IN
WISCONSIN. WHEN THE ZONING COMMISSION DENIED THEM THE NECESSARY
PERMITS FOR DEVELOPMENT, THEY SUED, CLAIMING THAT THE GOVERNMENT HAD
"TAKEN" THEIR LAND AND, AND, THEREFORE, AS PROVIDED IN THE FIFTH
AMENDMENT TO THE CONSTITUTION, THEY WERE ENTITLED TO "JUST
COMPENSATION." DID THE JUSTS PREVAIL? EXPLAIN YOUR ANSWER. - Answer - the
Justs lost the case - there was a zoning law which protected PT wetlands
- not taking because they can still use the land
WHAT IS THE CONCEPT OF FEDERALSIM AS ESTABLISHED IN THE UNITED STATES
CONSTITUTION? - Answer state and federal government
WHAT GOVERNMENT BODY DOES THE CONSTITUTION AUTHORIZE TO MAKE LAWS? -
Answer legislature
NAME TWO OTHER "AGENCIES OF LAW." - Answer - administrative
- judicial/courts
WHAT IS CALLED 'THE ELASTIC CLAUSE' IN THE CONSTITUTION AND WHY? - Answer
- Article 1 section 8
- make all laws necessary and proper
PROFESSOR SEAN MULHOLLAND, FACULTY AT STONEHILL COLLEGE IN
MASSACHUSSETTS, DISCUSSED THE PROBLEMS ASSOCIATED WITH "OPEN ACCESS
RESOURCES." IN 1968 BIOLOGIIST GARRETT HARDIN DISCUSSED THE SAME ISSUES
AND THE SAME RESOURCES. WHAT DID PROFESSOR HARDEN CALL OPEN ACCESS
RESOURCES? - Answer
WHAT DOES PROFESSOR HARDIN MEAN BY THE 'DILEMMA' RESENTED BY
PROBLEMS WITH NO TECHNICAL SOLUTION? - Answer
WHAT IS A "MALTHUSIAN SOLUTION?" TO POPULATION DEMANDS ON EARTH'S
RESOURCES? - Answer
WHAT IS ADMINSITRATIVE LAW? - Answer regulations
FROM WHAT/WHOM DOES AN ADMINISTRATIVE AGENCY DERIVE ITS AUTHORITY? -
Answer statutory laws made by legislatures
