NR 404 Midterm 1 questions with correct answers
Sources of Environmental Law Correct Answer-Constitutional Law
Treaties
State and Federal Statutes
Executive Orders
Administrative Regulations
Common Law
Local Government Ordinances
Public Trust Doctrine
Federal and State Court Decision
Internal Costs Correct Answer-The expenses, monetary or otherwise,
borne by those who use a resource.
Externalized Costs Correct Answer-Costs that are excluded from a
decision-maker's own consideration. They are not internalized because
someone else will have to pay or absorb them
Monetized Correct Answer-Used informally to refer to attributing
market value
e.g. an urban shade tree 15" diameter killed by salt runoff is valued at
$1767
Cost Internalization as a Strategic Goal of Environmental Regulation
Correct Answer-The process of identifying externalized costs, and then
,inserting them into some form of legal accounting so that they will be
internalized within market and government decision, constitutes one o
the basic strategies of environmental regulation
Pro Bono Publico Correct Answer-for the public good -- usually
shortened to pro bono, and usually referring to legal work done without
charge for a client with low income
State Case Reporters Correct Answer-Supreme Court: California
Reports
District Courts of Appeal: California Appellate Reports
Parallel/unofficial Reports, Pacific Reports, California Reporter
Federal Case Reporters Correct Answer-Supreme Court: United States
Reports
Circuit Courts of Appeal: Federal reporter
District Courts: Federal Supplement
Parallel/Unofficial Reports: Lawyers Edition
Shepardize Correct Answer-To search in an index called Shepard's
Citations for other reference to a particular case, stature, or law review
article to find out. e.g. whether a particular decision has been overruled,
distinguished, or disapproved, by a later case
Law Reviews Correct Answer-Scholarly periodicals devoted to articles,
comments, and notes about the law as it is and as it ought to be
, Usually published by law schools with both professional and student
contributors
In American law reviews, content is usually selected and edited by
honors students with minimal faculty guidance
Vested Rights Correct Answer-Concept that Due Process prevents
another person or the government from taking away an established
ownership interest or right
Public Trust Doctrine Correct Answer-is a legal principle derived from
English Common Law, the waters of the state are a public resource
owned by and available to all citizens equally for the purposes of
navigation, conducting commerce, fishing, recreation and similar uses
and that this trust is not invalidated by private ownership of the
underlying land.
Acts as the senior environmental right that operates as an exception to
the Avco Rule in CA
Tragedy of the Common Correct Answer-an economic theory by Garrett
Hardin which states that individuals acting independently and rationally
according to each's self interest will behave contrary to the best interests
of the whole group by deleting some common resource
the commons leads to overuse and destruction; the anti commons leads
to underuse and waste
Common Correct Answer-the collective noun referring to cultural and
natural resources accessible to all members of a society, including
Sources of Environmental Law Correct Answer-Constitutional Law
Treaties
State and Federal Statutes
Executive Orders
Administrative Regulations
Common Law
Local Government Ordinances
Public Trust Doctrine
Federal and State Court Decision
Internal Costs Correct Answer-The expenses, monetary or otherwise,
borne by those who use a resource.
Externalized Costs Correct Answer-Costs that are excluded from a
decision-maker's own consideration. They are not internalized because
someone else will have to pay or absorb them
Monetized Correct Answer-Used informally to refer to attributing
market value
e.g. an urban shade tree 15" diameter killed by salt runoff is valued at
$1767
Cost Internalization as a Strategic Goal of Environmental Regulation
Correct Answer-The process of identifying externalized costs, and then
,inserting them into some form of legal accounting so that they will be
internalized within market and government decision, constitutes one o
the basic strategies of environmental regulation
Pro Bono Publico Correct Answer-for the public good -- usually
shortened to pro bono, and usually referring to legal work done without
charge for a client with low income
State Case Reporters Correct Answer-Supreme Court: California
Reports
District Courts of Appeal: California Appellate Reports
Parallel/unofficial Reports, Pacific Reports, California Reporter
Federal Case Reporters Correct Answer-Supreme Court: United States
Reports
Circuit Courts of Appeal: Federal reporter
District Courts: Federal Supplement
Parallel/Unofficial Reports: Lawyers Edition
Shepardize Correct Answer-To search in an index called Shepard's
Citations for other reference to a particular case, stature, or law review
article to find out. e.g. whether a particular decision has been overruled,
distinguished, or disapproved, by a later case
Law Reviews Correct Answer-Scholarly periodicals devoted to articles,
comments, and notes about the law as it is and as it ought to be
, Usually published by law schools with both professional and student
contributors
In American law reviews, content is usually selected and edited by
honors students with minimal faculty guidance
Vested Rights Correct Answer-Concept that Due Process prevents
another person or the government from taking away an established
ownership interest or right
Public Trust Doctrine Correct Answer-is a legal principle derived from
English Common Law, the waters of the state are a public resource
owned by and available to all citizens equally for the purposes of
navigation, conducting commerce, fishing, recreation and similar uses
and that this trust is not invalidated by private ownership of the
underlying land.
Acts as the senior environmental right that operates as an exception to
the Avco Rule in CA
Tragedy of the Common Correct Answer-an economic theory by Garrett
Hardin which states that individuals acting independently and rationally
according to each's self interest will behave contrary to the best interests
of the whole group by deleting some common resource
the commons leads to overuse and destruction; the anti commons leads
to underuse and waste
Common Correct Answer-the collective noun referring to cultural and
natural resources accessible to all members of a society, including
