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Agricultural and Natural Resource Law Exam 1 > Exam 1 > Flashcards

Exam 1 Flashcards

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1
Q

Ur-Nammu’s Code

A

earliest written legal code - 2050 BC

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2
Q

Code of Hammurabi

A

first known system of laws (Sumerians) 1900 BC rental of farmland

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3
Q

Ten Commandments

A

woven into the fabric of our laws - 1200 BC

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4
Q

Draco’s Code

A

harsh law (Greece) 600 BC

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5
Q

Solon’s Code

A

country ruled by law, not men (Greece) 600 BC

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6
Q

The Twelve Tables

A

moral principles and practices (Romans) 450 BC

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7
Q

Corpus Juris Civilis

A

with fall of Rome, became Canon Law of the Roman Catholic Church (Emporer Justinian I) 560 AD

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8
Q

Canon Law of England

A

Courts of Equity and Common Law Courts, Parallel for many years - 600 AD

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9
Q

Alfred’s Law Code

A

compensation - 890 AD

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10
Q

Last successful invasion of England by the Normans

A

1066 AD - from then on English developed own legal system

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11
Q

Magna Charta

A

from King John - 1215 AD

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12
Q

Pilgrims at Plymouth Rock

A

1620 - common law became basis of American legal system

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13
Q

Declaration of Independence

A

1776 - sparked development of new system of gvmt, John Locke’s influence

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14
Q

Direct Democracy

A

citizens propose laws or referendums, vote on those in public office, and recall officials not doing their jobs (ex: Town Meeting)

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15
Q

Indirect Democracy

A

small group of officials make decisions on behalf of their constituents (ex: US Senate)

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16
Q

United States Constitution

A

1789 - created gvmt framework for US legal system

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17
Q

Constitutional Amendment Process

A

proposal - by Congress w 2/3 vote of both houses or national convention requested by 2/3 state legislatures
ratification - by 3/4 state legislatures or conventions in 3/4 states

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18
Q

Laws are:

A

packages for policy

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19
Q

Regulations

A

interpret and carry out the intent of the legislative body (by agencies)

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20
Q

Delegation Doctrine

A

it is unconstitutional to give legislative power to other branches (separation of powers)

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21
Q

Federal Safe Drinking Water Act (SDWA)

A

regulates drinking water, est water quality standards, delegated to EPA

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22
Q

Florida Safe Drinking Water Act

A

ensure safe potable water supplies in FL, delegated to Dept of Environmental Regulation (DEP)

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23
Q

Constitution and Administrative Procedure Act

A

governs how agencies propose regulations, regulates and standardizes federal agency procedures

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24
Q

Statutory Law

A

legislatively made law and resultant regulations

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25
Q

Common Law

A

court made law (ex: negligence, strict liability, nuisance, trespass)

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26
Q

Napoleonic Code

A

written, not judge made (replacing feudal law)

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27
Q

Federal Courts

A

three tiered: District Courts, Circuit Court of Appeals, US Supreme Court

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28
Q

District Courts

A

handle federal questions, courts of general jurisdiction

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29
Q

courts of general jurisdiction

A

hear both civil and criminal cases

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30
Q

Circuit Court of Appeals

A

hear appeals from district courts

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31
Q

US Supreme Court

A

hears most cases by writ of certiorari (discretionary appeal process)

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32
Q

State Courts

A

four tiered system: County Courts, Circuit Courts, District Court of Appeals, FL Supreme Court

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33
Q

County Courts

A

67 in FL, courts of limited jurisdiction

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34
Q

courts of limited jurisdiction

A

broad jurisdiction of traffic violations/misdemeanors/criminal and civil, but only in a limited district

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35
Q

Circuit Courts

A

handle appeals from county court, courts of general jurisdiction

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36
Q

District Court of Appeals

A

most federal cases begin here, decide appeals from circuit courts

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37
Q

Florida Supreme Court

A

primarily handles Constitutional issues, handles many death penalties

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38
Q

Civil actions

A

private party files lawsuit and becomes plaintiff, burden of proof, preponderance of evidence (50% favors plantiff), found liable

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39
Q

Criminal actions

A

litigation filed by gvmt, called prosecuter, knowing or reckless, burden of proof (98-99% favors prosecuter - beyond a reasonable doubt), found guilty

40
Q

Contingent

A

in writing, if you lose, you pay attorney out-of-pocket

41
Q

Retainer

A

lawyer charges client for opportunity cost or representing client (in advance)

42
Q

Greek Farmer’s Law

A

more extensive, taxes and boundaries

43
Q

Ecolga

A

later Greek law, reflected harsh Roman influences

44
Q

Federal Farm Loan Act of 1916

A

beginning of farm credit system, offered loans to farmers (long term for mortgage, short term for business)

45
Q

Capper Volstead Act of 1922

A

agricultural cooperatives, agricultural associations exempt from antitrust laws, made to set prices

46
Q

Packer’s Stockyard Act of 1921

A

industry regulations, killed vertical regulation and prohibited packers from manipulating prices and monopolizing the market

47
Q

Agricultural Adjustment Act of 1933 & 1938

A

“the switch in time that saved 9” subsidies for farmers to let fields lie fallow and kill excess livestock - reduced surplus and increased crop value

48
Q

Right-to-Farm Act

A

denies nuisance suits against farmers using accepted/standard practices

49
Q

price supports

A

subsidies or price control

50
Q

price floor

A

government buys excess produce to store or destroy

51
Q

National Broiler Marketing Assn v. US

A

1977 - defining farming operations and farmers, ruled that not all involved in Broiler Chicken sector should be considered farmers and exempt from Anti-Sherman

52
Q

United States Department of Agriculture (USDA)

A

Est 1862 - addresses rural development, food and consumer services, marketing and transportation services, commodity programs, conservation and natural resources, research and evaluation, economics, policy and analysis budget

53
Q

Commerce Clause (US Constitution)

A

regulates interstate commerce

54
Q

Wickard v. Filburn

A

1942 - Wickard growing more wheat than sanctioned by gvmt, ruled he was disrupting interstate commerce, power of fed gvmt to regulate economic activity

55
Q

10th Amendment

A

delegates powers to the State

56
Q

Supremacy Clause (US Constitution)

A

Federal rules over State

57
Q

Florida Lime and Avocado Growers, Inc v. Paul

A

FL claimed CA violated equal protection and interfered with interstate commerce, ruled no direct conflict between federal and state statutes

58
Q

Two things you never want to see made:

A

law & sausages

59
Q

Administrative Procedure Act (APA)

A

governs administrative law process (informal and formal rulemaking)

60
Q

informal rulemaking

A

proposed rule is published in federal register, opportunity for comment, becomes law within 30 days, except emergency

61
Q

formal rulemaking

A

too time consuming, “trial-type” hearing overseen by administrative law judge

62
Q

Federal Insecticide Fungicide Rhodendra Act (FIFRA)

A

fed control of pesticide distribution, sale, and use: all pesticides must be licensed by EPA, proper labeling, must be used as directed

63
Q

argue law

A

proper procedure was not followed

64
Q

ripeness

A

appelate court must consider whether a case has matured into a controversey worth of adjucation before hearing, allows for other remedies first. Is it a question of law? Is it having an immediate impact on parties?

65
Q

Barlow v. Collins

A

petitioners held “within the zone of interest” in amendment to ag act potentially using their gvmt income to give to landlord

66
Q

Vermont Yankee Nuclear Power v. Natural Resources Defense Council

A

court cannot impose rulemaking procedures on a federal agency

67
Q

Code of Federal Regulations

A

where the federal register is codified

68
Q

Freedom of Information Act

A

public can access non-privileged info, exemptions: congress, courts, states, secrets, intra-agency memoranda, trade secrets

69
Q

Privacy Act of 1974

A

individual access to agency records, insures records are accurate

70
Q

Equal Access to Justice Act

A

award of attorney fees and expenses to the party winning over gvmt

71
Q

Florida Department of Agriculture and Consumer Services (DACS)

A

inquires into the need of ag and makes reccomendations to the governor and legislature, performs all regulatory and inspection services relating to ag except ag edu, demonstration, and functions related to public health

72
Q

Bordeaux Mix

A

1891 - first pesticide related health scare, blue green residue on grapes

73
Q

Federal Insecticide Act

A

1910 - Prevents manufacture, sale, or transportation of misbranded insecticides and fungicides, protected farmers from misbranded/adulterated products

74
Q

Lead arsenate residue on Boston pears

A

1919 - linked to pesticide sprays

75
Q

FDA replaces USDA’s Board of Chemistry

A

1927

76
Q

FDCA authorizes FDA to set food residue tolerance levels

A

1938

77
Q

First Field Use of DDT

A

1943 - goal was to arrest Naples, Italy typhus epidemic

78
Q

War production board releases surplus DDT for civilian ag

A

1945

79
Q

FIFRA enacted, 1910 Pesticide Act repealed

A

1947

80
Q

FDA and USDA issue joint statement warning farmers not to use DDT near cattle

A

1948 - 1949

81
Q

USDA’s fire ant blanket spraying kills non-target wildlife

A

1957 - runoff into the Gulf decimates shrimp/crab

82
Q

Delaney Clause added to FFDCA

A

1958 - banning pesticide residues and carcinogens entry to food supply

83
Q

Silent Spring, Rise of Environ Movement

A

1962

84
Q

Scenic Hudson Preservation Conference v. Federal Power Comm’n

A

1965 - Courts could require fed agencies to hear environ concerns, emergence of environ law

85
Q

Natl Environmental Policy Act

A

1969 - broad natl framework for environ protection, environmental assesments (EAs) and environmental impact statements (EIS)

86
Q

First Earth Day

A

Apr 22, 1970 - represents grassroots support for environ protection

87
Q

EPA established

A

1970 - primary authority to administer all major fed regulation acts

88
Q

Atomic Energy Act of 1946

A

administered by Nuclear Regulatory Commission

89
Q

Common Law backbone of modern Environmental Law

A

Nuisance theory and Case law

90
Q

National Environmental Policy Act (NEPA)

A

provide an overview of environ protection and conservation efforts, integrate and coordinate a variety of programs aimed at enviro protection, requires all fed agencies to consider and educate the environ consequences of their actions

91
Q

Council on Environmental Quality

A

oversees broad matters of environ policy for the executive branch, produces an annual report on environ quality for the pres

92
Q

Environmental Assessment (EA)

A

FONSI - finding of no sufficient impact

EIS - environmental impact statement

93
Q

FIFRA Private Applicator

A

pesticide applied on property of applicator or applicator’s employer

94
Q

FIFRA Commercial Applicator

A

applicator uses or supervises the use of any pesticide which is classified for restricted use on any property

95
Q

Florida Pesticide Law

A

mirrors FIFRA w some exceptions, created within DACS to advise commissioner regarding sale, use, and registration of pesticides, advises gvmt agencies

96
Q

Federal Endangered Species Act (ESA)

A

federal agencies must protect endangered and threatened species (including habitats), administered by the Fish and Wildlife Service

97
Q

Florida Endangered and Threatened Species Act

A

posting rewards to persons providing info on poachers (snitch laws)

Agricultural and Natural Resource Law Exam 1 (3 decks)

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