Question 1

The source of authority for most federal environmental laws is

Accepted Answer

A)  the Commerce Clause. 
B)  the Contract Clause. 
C)  the Fifth Amendment. 
D)  Article III. 
A)  the Commerce Clause. 
B)  the Contract Clause. 
C)  the Fifth Amendment. 
D)  Article III. A

Question 2

The Fourth Amendment

Accepted Answer

A)  prohibits searches by a government agency without the agency's first obtaining a warrant. 
B)  is today offering greater protection than it did a few years ago. 
C)  both a and b. 
D)  none of the above. 
A)  prohibits searches by a government agency without the agency's first obtaining a warrant. 
B)  is today offering greater protection than it did a few years ago. 
C)  both a and b. 
D)  none of the above. A

Question 3

From environmentalists' perspective, one of the most important Constitutional rights is the right to a clean environment.

Accepted Answer

A) True 
 B)False  False

Question 4

The Takings Clause

Accepted Answer

A)  is part of the Fifth Amendment. 
B)  prevents the government from taking private property for public use without just compensation. 
C)  both a and b. 
D)  none of the above. 
A)  is part of the Fifth Amendment. 
B)  prevents the government from taking private property for public use without just compensation. 
C)  both a and b. 
D)  none of the above.

Question 5

Signing statements have been used to dilute or effect the enforcement of laws passed by Congress.

Accepted Answer

A) True 
 B)False

Question 6

Public laws

Accepted Answer

A)  are generally administered by administrative agencies. 
B)  usually regulate classes of people or organizations. 
C)  regulate the conduct between two individual parties. 
D)  both a and b. 
A)  are generally administered by administrative agencies. 
B)  usually regulate classes of people or organizations. 
C)  regulate the conduct between two individual parties. 
D)  both a and b.

Question 7

In general, a state may pass an environmental regulation that sets standards more stringent than those set by federal regulations.

Accepted Answer

A) True 
 B)False

Question 8

Which of the following is one of the elements that the EPA believes is necessary for a successful environmental auditing?

Accepted Answer

A)  an environmental auditing function that is independent of audited activities. 
B)  adequate auditor training and staffing. 
C)  both a and b. 
D)  none of the above. 
A)  an environmental auditing function that is independent of audited activities. 
B)  adequate auditor training and staffing. 
C)  both a and b. 
D)  none of the above.

Question 9

If you were looking for a federal statute, you would look in the Federal Reporter.

Accepted Answer

A) True 
 B)False

Question 10

Because of the doctrine of federal supremacy,

Accepted Answer

A)  no state may impose a regulation if there is an existing federal law to cover the problem. 
B)  no state law may impose a stricter standard than a federal law. 
C)  state statutes may impose standards that are stricter than federal laws unless the federal law is in an area where Congress wants there to be no state regulation. 
D)  both a and b. 
A)  no state may impose a regulation if there is an existing federal law to cover the problem. 
B)  no state law may impose a stricter standard than a federal law. 
C)  state statutes may impose standards that are stricter than federal laws unless the federal law is in an area where Congress wants there to be no state regulation. 
D)  both a and b.

Question 11

Due process

Accepted Answer

A)  may be either substantive or procedural. 
B)  is guaranteed by the Fifth Amendment. 
C)  both a and b. 
D)  none of the above. 
A)  may be either substantive or procedural. 
B)  is guaranteed by the Fifth Amendment. 
C)  both a and b. 
D)  none of the above.

Question 12

The appearance of unequal environmental protection

Accepted Answer

A)  comes, to a large extent, from the fact that fines for violating environmental laws were historically lower, on average, in minority neighborhoods. 
B)  is explained by the EPA as being the result of significant budget cuts. 
C)  both a and b. 
D)  none of the above. 
A)  comes, to a large extent, from the fact that fines for violating environmental laws were historically lower, on average, in minority neighborhoods. 
B)  is explained by the EPA as being the result of significant budget cuts. 
C)  both a and b. 
D)  none of the above.

Question 13

Bills that are passed by the United States Congress and then signed by the United States President become statutes, which can be found in the U. S. Code; the National Environmental Policy Act is an example of such a federal statute.

Accepted Answer

A) True 
 B)False

Question 14

In a civil case, an individual who has been harmed by the defendant is seeking to have the defendant punished by a fine or imprisonment.

Accepted Answer

A) True 
 B)False

Question 15

A lawyer who wants to get a decision contrary to the decision in the case that appears to establish the precedent:

Accepted Answer

A)  can win by getting the judge to distinguish the case on the facts from the precedent. 
B)  can win by getting an appellate panel of judges to overturn the precedent. 
C)  either a or b. 
D)  none of the above. 
A)  can win by getting the judge to distinguish the case on the facts from the precedent. 
B)  can win by getting an appellate panel of judges to overturn the precedent. 
C)  either a or b. 
D)  none of the above.

Question 16

The court has traditionally interpreted the Commerce Clause broadly, so that most environmental regulations are considered a valid exercise of Commerce Clause authority.

Accepted Answer

A) True 
 B)False

Question 17

The president makes law by signing treaties.

Accepted Answer

A) True 
 B)False

Question 18

Criminal law

Accepted Answer

A)  is statutory law. 
B)  places the burden of proof on the prosecutor. 
C)  both a and b. 
D)  none of the above. 
A)  is statutory law. 
B)  places the burden of proof on the prosecutor. 
C)  both a and b. 
D)  none of the above.

Question 19

If a bill that has been passed by the House and Senate is not signed by the president, then it cannot become law.

Accepted Answer

A) True 
 B)False

Question 20

The burden of proof in a civil case is a preponderance of evidence, whereas the burden of proof in a criminal case is beyond a reasonable doubt.

Accepted Answer

A) True 
 B)False

The source of authority for most federal environmental laws is

The Fourth Amendment

From environmentalists' perspective, one of the most important Constitutional rights is the right to a clean environment.

The Takings Clause

Signing statements have been used to dilute or effect the enforcement of laws passed by Congress.

Public laws

In general, a state may pass an environmental regulation that sets standards more stringent than those set by federal regulations.

Which of the following is one of the elements that the EPA believes is necessary for a successful environmental auditing?

If you were looking for a federal statute, you would look in the Federal Reporter.

Because of the doctrine of federal supremacy,

Due process

The appearance of unequal environmental protection

Bills that are passed by the United States Congress and then signed by the United States President become statutes, which can be found in the U. S. Code; the National Environmental Policy Act is an example of such a federal statute.

In a civil case, an individual who has been harmed by the defendant is seeking to have the defendant punished by a fine or imprisonment.

A lawyer who wants to get a decision contrary to the decision in the case that appears to establish the precedent:

The court has traditionally interpreted the Commerce Clause broadly, so that most environmental regulations are considered a valid exercise of Commerce Clause authority.

The president makes law by signing treaties.

Criminal law

If a bill that has been passed by the House and Senate is not signed by the president, then it cannot become law.

The burden of proof in a civil case is a preponderance of evidence, whereas the burden of proof in a criminal case is beyond a reasonable doubt.

The Litigation Process and Other Tools for Resolving Environmental Disputes

Administrative Law and Its Impact on the Environment

An Introduction to Environmental Law and Policy

Air-Quality Control

Water-Quality Control

Controlling Toxic Substances

Waste Management and Hazardous Releases

Energy

Natural Resources

International Environmental Law

Filters

Exam 1: The American Legal System: the Source of Environmental Law

The source of authority for most federal environmental laws is

The Fourth Amendment

From environmentalists' perspective, one of the most important Constitutional rights is the right to a clean environment.

The Takings Clause

Signing statements have been used to dilute or effect the enforcement of laws passed by Congress.

Public laws

In general, a state may pass an environmental regulation that sets standards more stringent than those set by federal regulations.

Which of the following is one of the elements that the EPA believes is necessary for a successful environmental auditing?

If you were looking for a federal statute, you would look in the Federal Reporter.

Because of the doctrine of federal supremacy,

Due process

The appearance of unequal environmental protection

Bills that are passed by the United States Congress and then signed by the United States President become statutes, which can be found in the U. S. Code; the National Environmental Policy Act is an example of such a federal statute.

In a civil case, an individual who has been harmed by the defendant is seeking to have the defendant punished by a fine or imprisonment.

A lawyer who wants to get a decision contrary to the decision in the case that appears to establish the precedent:

The court has traditionally interpreted the Commerce Clause broadly, so that most environmental regulations are considered a valid exercise of Commerce Clause authority.

The president makes law by signing treaties.

Criminal law

If a bill that has been passed by the House and Senate is not signed by the president, then it cannot become law.

The burden of proof in a civil case is a preponderance of evidence, whereas the burden of proof in a criminal case is beyond a reasonable doubt.

The Litigation Process and Other Tools for Resolving Environmental Disputes

Administrative Law and Its Impact on the Environment

An Introduction to Environmental Law and Policy

Air-Quality Control

Water-Quality Control

Controlling Toxic Substances

Waste Management and Hazardous Releases

Energy

Natural Resources

International Environmental Law

Filters