ENR 4400 Law And Legal Process
Exam 1 Study Guide
First Amendment - Answer religious exercise, freedom of speech, freedom of the press,
free assembly
Second Amendment - Answer A well regulated Militia, being necessary to the security of
a free State, the right of the people to keep and bear Arms, shall not be infringed.
Third Amendment - Answer quartering soldiers
Fourth Amendment - Answer unreasonable search and seizure
Fifth Amendment - Answer grand jury, due process, rights of persons, takings clause,
miranda rights
Sixth Amendment - Answer impartial jury, speedy, public trial
Seventh Amendment - Answer protests the right to trial by jury
Eighth Amendment - Answer no excessive fines, no excessive bail, no cruel and unusual
punishment
Ninth Amendment - Answer enumeration of some rights doesn't mean other, not listed
rights, should be denied
Tenth Amendment - Answer all powers not delegated to the U.S. by the Constitution or
prohibited to the States are expressly reserved to the people
Thirteenth Amendment - Answer Abolition of slavery
Fourteenth Amendment - Answer nor shall any state deprive any person of life, liberty,
or property, without due process of law; nor deny to any person within its jurisdiction
the equal protection of the laws
Nineteenth Amendment - Answer Women's right to vote
impeachment - Answer house passes articles, senate tries, and the Chief Justice
presides. Very little guidance exists in the Constitution for what should be _______ and
removable
Whitman v. American Trucking - Answer Rule: so long as Congress shall lay down by
legislative act an intelligible principle to which the person or body authorized to
[exercise the delegated authority] is directed to conform, such legislative action is not a
forbidden delegation of legislative power
Mississippi Commission on Natural Resources v. Costle - Answer Issue: Was U.S. EPA
, allowed to reject MS' proposed water quality criteria and replace it with their own?
AEP v Connecticut - Answer Issue: Did the federal common law of nuisance apply to
allow a lawsuit by states against a power company for greenhouse gas emissions?
Cline v. American Aggregates - Answer Conclusion: 1800s precedent overturned:
landowner cannot withdraw water if it unreasonably interferes with others' use
Definition of precedent - Answer Legal decision serving as an authoritative rule in future
similar cases
Definition of live cases and controversies - Answer Mootness, ripeness, standing
real property - Answer land & real estate
personal property - Answer everything else → everything that can be considered an
asset but isn't "fixed" like land or real estate
Tragedy of the commons - Answer a public good and not owned by anyone; this results
in no one taking care of the land and everyone overgrazing their cattle to take
advantage of the free resource; everyone would need to agree to collectively graze a
certain number of cattle to prevent ruining the land
Takings clause - Answer Fifth amendment to U.S. Constitution,
No person shall be deprived of...property without due process of law nor shall private
property be taken for public use without just compensation
Constitutional taking
Kelo v. City of New London - Answer Rule: takings must be for a public purpose
Conclusion: general benefit to community from economic development is a permissible
public purpose under the takings clause of the Fifth Amendment
U.S. v. Perchemen - Answer Is a grant of land valid when it was made by Spanish
governor before Florida was ceded to U.S.
Rule: The grant is valid
Johnson v. M'Intosh - Answer Issue: does a land conveyance from a Native American
tribe trump one from POTUS?
Rule: The grant is not valid, native americans didn't develop so they don't own it
State law under the Constitution - Answer Explicit restrictions on state power:
States can't print their own money
States can't enter treaties
Exam 1 Study Guide
First Amendment - Answer religious exercise, freedom of speech, freedom of the press,
free assembly
Second Amendment - Answer A well regulated Militia, being necessary to the security of
a free State, the right of the people to keep and bear Arms, shall not be infringed.
Third Amendment - Answer quartering soldiers
Fourth Amendment - Answer unreasonable search and seizure
Fifth Amendment - Answer grand jury, due process, rights of persons, takings clause,
miranda rights
Sixth Amendment - Answer impartial jury, speedy, public trial
Seventh Amendment - Answer protests the right to trial by jury
Eighth Amendment - Answer no excessive fines, no excessive bail, no cruel and unusual
punishment
Ninth Amendment - Answer enumeration of some rights doesn't mean other, not listed
rights, should be denied
Tenth Amendment - Answer all powers not delegated to the U.S. by the Constitution or
prohibited to the States are expressly reserved to the people
Thirteenth Amendment - Answer Abolition of slavery
Fourteenth Amendment - Answer nor shall any state deprive any person of life, liberty,
or property, without due process of law; nor deny to any person within its jurisdiction
the equal protection of the laws
Nineteenth Amendment - Answer Women's right to vote
impeachment - Answer house passes articles, senate tries, and the Chief Justice
presides. Very little guidance exists in the Constitution for what should be _______ and
removable
Whitman v. American Trucking - Answer Rule: so long as Congress shall lay down by
legislative act an intelligible principle to which the person or body authorized to
[exercise the delegated authority] is directed to conform, such legislative action is not a
forbidden delegation of legislative power
Mississippi Commission on Natural Resources v. Costle - Answer Issue: Was U.S. EPA
, allowed to reject MS' proposed water quality criteria and replace it with their own?
AEP v Connecticut - Answer Issue: Did the federal common law of nuisance apply to
allow a lawsuit by states against a power company for greenhouse gas emissions?
Cline v. American Aggregates - Answer Conclusion: 1800s precedent overturned:
landowner cannot withdraw water if it unreasonably interferes with others' use
Definition of precedent - Answer Legal decision serving as an authoritative rule in future
similar cases
Definition of live cases and controversies - Answer Mootness, ripeness, standing
real property - Answer land & real estate
personal property - Answer everything else → everything that can be considered an
asset but isn't "fixed" like land or real estate
Tragedy of the commons - Answer a public good and not owned by anyone; this results
in no one taking care of the land and everyone overgrazing their cattle to take
advantage of the free resource; everyone would need to agree to collectively graze a
certain number of cattle to prevent ruining the land
Takings clause - Answer Fifth amendment to U.S. Constitution,
No person shall be deprived of...property without due process of law nor shall private
property be taken for public use without just compensation
Constitutional taking
Kelo v. City of New London - Answer Rule: takings must be for a public purpose
Conclusion: general benefit to community from economic development is a permissible
public purpose under the takings clause of the Fifth Amendment
U.S. v. Perchemen - Answer Is a grant of land valid when it was made by Spanish
governor before Florida was ceded to U.S.
Rule: The grant is valid
Johnson v. M'Intosh - Answer Issue: does a land conveyance from a Native American
tribe trump one from POTUS?
Rule: The grant is not valid, native americans didn't develop so they don't own it
State law under the Constitution - Answer Explicit restrictions on state power:
States can't print their own money
States can't enter treaties
