ENR 4400 Exam 3 Questions And
100% 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
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
Aldred v. Benton - Answer Aldred had a bay window facing Benton's apple orchard.
Benton tore down the orchard and put in a piggery. First air pollution case. Determined
a nuisance because it was established after Aldred began living there.
Clark v. Wambold - Answer Nuisance was there first, determined not to be a nuisance.
Clark came to the nuisance of Wambold's piggery. They looked at animal husbandry &
location, Wambold had a good piggery.
Spur v. Webb - Answer Introduced public nuisance to common law. Spur= cattle feedlot
and Webb decided to build a golf course/development near the feedlot. Court says you
are a nuisance but if Webb was the only party injured they would have applied the
"coming to the nuisance doctrine". Court considers interest of people who have been
encouraged to buy homes
100% 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
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
Aldred v. Benton - Answer Aldred had a bay window facing Benton's apple orchard.
Benton tore down the orchard and put in a piggery. First air pollution case. Determined
a nuisance because it was established after Aldred began living there.
Clark v. Wambold - Answer Nuisance was there first, determined not to be a nuisance.
Clark came to the nuisance of Wambold's piggery. They looked at animal husbandry &
location, Wambold had a good piggery.
Spur v. Webb - Answer Introduced public nuisance to common law. Spur= cattle feedlot
and Webb decided to build a golf course/development near the feedlot. Court says you
are a nuisance but if Webb was the only party injured they would have applied the
"coming to the nuisance doctrine". Court considers interest of people who have been
encouraged to buy homes
