Definitions2

Question 1

What amendment is this: The Takings Clause

Answer 1

5th Amendment

Question 2

Name 3 cases that are relevant to the Takings Clause / 5th Amendment

Answer 2

1. Lucas v. S. Carolina Coastal Commission
2. Palazzolo v. RI
3. Kelo v. City of New London

Question 3

What amendment is this: The Equal Protection Clause - No state should grant rights to some ppl & not others (w/o good reason)

Answer 3

14th Amendment

Question 4

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?

Answer 4

Environmental Racism

14th Amendment

Question 5

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.

Answer 5

1) 9th Amendment
2) Implied Rights
3) Tanner v. Armco Steel

Question 6

“The gov’t should be a trustee for environmental quality / for the environment / good of all”

Answer 6

The Public Trust Doctrine

Question 7

Name this system (2 diff names): No shred of evidence will be overlooked, and no plausible argument left unspoken.

Answer 7

Adversary System / Inquisitorial System

Question 8

Name the 4 steps through the federal court system and their jurisdiction types (A, O, or both)

Answer 8

US Magistrate Courts (O) –> US District Courts (O) –> US Ct of Appeals (A) –> US Supreme Ct (both)

Question 9

Name the 4 steps through the state court system and their jurisdiction types (A, O, or both)

Answer 9

Village (O) –> Misdemeanor/Civil ( Felony/Serious civil case ($10,000 plus) (O) –> State Supreme/Ct of Appeals (court of last resort (A))

Question 10

The state court system has jurisdiction over ___ cases not w/in the exclusive jurisdiction of the fed ct system.

Answer 10

all

Question 11

this determines which of the many trial courts in that system is appropriate; a matter of geographical location

Answer 11

Venue

Question 12

Name the type of jury: can be asked for or denied; 6-12 people

Answer 12

Petit

Question 13

Name the type of jury: only in criminal matters; 16-23 people

Answer 13

Grand

Question 14

1) the legal right to bring a lawsuit

2) which article is this?: Case or controversy requirement; courts can only consider NON-hypothetical disputes

Answer 14

1) standing

2) Article 3

Question 15

Name the 4 cases that relate to article 3

Answer 15

1) Lujan v. Defenders of Wildlife
2) Sierra Club v. Morton
3) Society of Plastics v. County of Suffolk (NY!!)
4) Bennett v. Spear

Question 16

T or F: People can stand for animals

Answer 16

True

Question 17

There exists a present controversy for which a decision is needed; the decision must have the capacity to affect the parties immediately

Answer 17

Ripeness

Question 18

not relevant; no need for it; “no case”

Answer 18

Moot(ness)

Question 19

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

Answer 19

Discovery

Question 20

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”

Answer 20

Motions for Summary Judgement

Question 21

the attorneys and/or the judge question potential jurors to determine whether they could render an unbiased opinion in the case

Answer 21

Voir dire

Question 22

reasons a person can be excused from jury (relationship, finance, gain, etc.); unlimited and always approved

Answer 22

Challenge for Cause

Question 23

No reason needed for an excuse from jury; usually only 3 are allowed

Answer 23

Peremptory

Question 24

Name 2 alternatives to trial

Answer 24

Mediation and Arbitration

Question 25

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

Answer 25

Arbitration

Question 26

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

Answer 26

Mediation