Definitions2 Flashcards
What amendment is this: The Takings Clause
5th Amendment
Name 3 cases that are relevant to the Takings Clause / 5th Amendment
- Lucas v. S. Carolina Coastal Commission
- Palazzolo v. RI
- Kelo v. City of New London
What amendment is this: The Equal Protection Clause - No state should grant rights to some ppl & not others (w/o good reason)
14th Amendment
1) What is the term for the fact that sometimes cleanups happen faster in white areas, or dumping fines are less in black areas. 2) What amendment does this relate to?
Environmental Racism
14th Amendment
1) What amendment provides that the people have a constitutional right to a clean environment? 2) What is meant by this: “Just b/c a right isn’t given in the Bill of Rights doesn’t mean we don’t have it” 3) Name the case regarding this.
1) 9th Amendment
2) Implied Rights
3) Tanner v. Armco Steel
“The gov’t should be a trustee for environmental quality / for the environment / good of all”
The Public Trust Doctrine
Name this system (2 diff names): No shred of evidence will be overlooked, and no plausible argument left unspoken.
Adversary System / Inquisitorial System
Name the 4 steps through the federal court system and their jurisdiction types (A, O, or both)
US Magistrate Courts (O) –> US District Courts (O) –> US Ct of Appeals (A) –> US Supreme Ct (both)
Name the 4 steps through the state court system and their jurisdiction types (A, O, or both)
Village (O) –> Misdemeanor/Civil ( Felony/Serious civil case ($10,000 plus) (O) –> State Supreme/Ct of Appeals (court of last resort (A))
The state court system has jurisdiction over ___ cases not w/in the exclusive jurisdiction of the fed ct system.
all
this determines which of the many trial courts in that system is appropriate; a matter of geographical location
Venue
Name the type of jury: can be asked for or denied; 6-12 people
Petit
Name the type of jury: only in criminal matters; 16-23 people
Grand
1) the legal right to bring a lawsuit
2) which article is this?: Case or controversy requirement; courts can only consider NON-hypothetical disputes
1) standing
2) Article 3
Name the 4 cases that relate to article 3
1) Lujan v. Defenders of Wildlife
2) Sierra Club v. Morton
3) Society of Plastics v. County of Suffolk (NY!!)
4) Bennett v. Spear
T or F: People can stand for animals
True
There exists a present controversy for which a decision is needed; the decision must have the capacity to affect the parties immediately
Ripeness
not relevant; no need for it; “no case”
Moot(ness)
party is frequently asked by his or her attorney to respond to the opponent’s requests for info about the case; interrogatories & depositions are a part of this
Discovery
request to judge to assume that everything the nonmoving party says is true and then to decide the case in the moving party’s favor; “even if you believe that every claim the plaintiff makes in his or her complaint is true, and disregarding my defenses, you have to decide in my favor b/c the plaintiff(s) has not proven I have done anything wrong”
Motions for Summary Judgement
the attorneys and/or the judge question potential jurors to determine whether they could render an unbiased opinion in the case
Voir dire
reasons a person can be excused from jury (relationship, finance, gain, etc.); unlimited and always approved
Challenge for Cause
No reason needed for an excuse from jury; usually only 3 are allowed
Peremptory
Name 2 alternatives to trial
Mediation and Arbitration
the resolution of a dispute by a neutral third party outside the judicial setting; one of the most well-known alternatives to litigation; form most commonly used to resolve environmental matters
Arbitration
these involve subject matter ranging from air quality to land use to toxic waste; no final decision made; informal process in which the two disputants select a party to help them reconcile their differences
Mediation
