Exam 1 Flashcards
Ur-Nammu’s Code
earliest written legal code - 2050 BC
Code of Hammurabi
first known system of laws (Sumerians) 1900 BC rental of farmland
Ten Commandments
woven into the fabric of our laws - 1200 BC
Draco’s Code
harsh law (Greece) 600 BC
Solon’s Code
country ruled by law, not men (Greece) 600 BC
The Twelve Tables
moral principles and practices (Romans) 450 BC
Corpus Juris Civilis
with fall of Rome, became Canon Law of the Roman Catholic Church (Emporer Justinian I) 560 AD
Canon Law of England
Courts of Equity and Common Law Courts, Parallel for many years - 600 AD
Alfred’s Law Code
compensation - 890 AD
Last successful invasion of England by the Normans
1066 AD - from then on English developed own legal system
Magna Charta
from King John - 1215 AD
Pilgrims at Plymouth Rock
1620 - common law became basis of American legal system
Declaration of Independence
1776 - sparked development of new system of gvmt, John Locke’s influence
Direct Democracy
citizens propose laws or referendums, vote on those in public office, and recall officials not doing their jobs (ex: Town Meeting)
Indirect Democracy
small group of officials make decisions on behalf of their constituents (ex: US Senate)
United States Constitution
1789 - created gvmt framework for US legal system
Constitutional Amendment Process
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
Laws are:
packages for policy
Regulations
interpret and carry out the intent of the legislative body (by agencies)
Delegation Doctrine
it is unconstitutional to give legislative power to other branches (separation of powers)
Federal Safe Drinking Water Act (SDWA)
regulates drinking water, est water quality standards, delegated to EPA
Florida Safe Drinking Water Act
ensure safe potable water supplies in FL, delegated to Dept of Environmental Regulation (DEP)
Constitution and Administrative Procedure Act
governs how agencies propose regulations, regulates and standardizes federal agency procedures
Statutory Law
legislatively made law and resultant regulations
Common Law
court made law (ex: negligence, strict liability, nuisance, trespass)
Napoleonic Code
written, not judge made (replacing feudal law)
Federal Courts
three tiered: District Courts, Circuit Court of Appeals, US Supreme Court
District Courts
handle federal questions, courts of general jurisdiction
courts of general jurisdiction
hear both civil and criminal cases
Circuit Court of Appeals
hear appeals from district courts
US Supreme Court
hears most cases by writ of certiorari (discretionary appeal process)
State Courts
four tiered system: County Courts, Circuit Courts, District Court of Appeals, FL Supreme Court
County Courts
67 in FL, courts of limited jurisdiction
courts of limited jurisdiction
broad jurisdiction of traffic violations/misdemeanors/criminal and civil, but only in a limited district
Circuit Courts
handle appeals from county court, courts of general jurisdiction
District Court of Appeals
most federal cases begin here, decide appeals from circuit courts
Florida Supreme Court
primarily handles Constitutional issues, handles many death penalties
Civil actions
private party files lawsuit and becomes plaintiff, burden of proof, preponderance of evidence (50% favors plantiff), found liable
Criminal actions
litigation filed by gvmt, called prosecuter, knowing or reckless, burden of proof (98-99% favors prosecuter - beyond a reasonable doubt), found guilty
Contingent
in writing, if you lose, you pay attorney out-of-pocket
Retainer
lawyer charges client for opportunity cost or representing client (in advance)
Greek Farmer’s Law
more extensive, taxes and boundaries
Ecolga
later Greek law, reflected harsh Roman influences
Federal Farm Loan Act of 1916
beginning of farm credit system, offered loans to farmers (long term for mortgage, short term for business)
Capper Volstead Act of 1922
agricultural cooperatives, agricultural associations exempt from antitrust laws, made to set prices
Packer’s Stockyard Act of 1921
industry regulations, killed vertical regulation and prohibited packers from manipulating prices and monopolizing the market
Agricultural Adjustment Act of 1933 & 1938
“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
Right-to-Farm Act
denies nuisance suits against farmers using accepted/standard practices
price supports
subsidies or price control
price floor
government buys excess produce to store or destroy
National Broiler Marketing Assn v. US
1977 - defining farming operations and farmers, ruled that not all involved in Broiler Chicken sector should be considered farmers and exempt from Anti-Sherman
United States Department of Agriculture (USDA)
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
Commerce Clause (US Constitution)
regulates interstate commerce
Wickard v. Filburn
1942 - Wickard growing more wheat than sanctioned by gvmt, ruled he was disrupting interstate commerce, power of fed gvmt to regulate economic activity
10th Amendment
delegates powers to the State
Supremacy Clause (US Constitution)
Federal rules over State
Florida Lime and Avocado Growers, Inc v. Paul
FL claimed CA violated equal protection and interfered with interstate commerce, ruled no direct conflict between federal and state statutes
Two things you never want to see made:
law & sausages
Administrative Procedure Act (APA)
governs administrative law process (informal and formal rulemaking)
informal rulemaking
proposed rule is published in federal register, opportunity for comment, becomes law within 30 days, except emergency
formal rulemaking
too time consuming, “trial-type” hearing overseen by administrative law judge
Federal Insecticide Fungicide Rhodendra Act (FIFRA)
fed control of pesticide distribution, sale, and use: all pesticides must be licensed by EPA, proper labeling, must be used as directed
argue law
proper procedure was not followed
ripeness
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?
Barlow v. Collins
petitioners held “within the zone of interest” in amendment to ag act potentially using their gvmt income to give to landlord
Vermont Yankee Nuclear Power v. Natural Resources Defense Council
court cannot impose rulemaking procedures on a federal agency
Code of Federal Regulations
where the federal register is codified
Freedom of Information Act
public can access non-privileged info, exemptions: congress, courts, states, secrets, intra-agency memoranda, trade secrets
Privacy Act of 1974
individual access to agency records, insures records are accurate
Equal Access to Justice Act
award of attorney fees and expenses to the party winning over gvmt
Florida Department of Agriculture and Consumer Services (DACS)
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
Bordeaux Mix
1891 - first pesticide related health scare, blue green residue on grapes
Federal Insecticide Act
1910 - Prevents manufacture, sale, or transportation of misbranded insecticides and fungicides, protected farmers from misbranded/adulterated products
Lead arsenate residue on Boston pears
1919 - linked to pesticide sprays
FDA replaces USDA’s Board of Chemistry
1927
FDCA authorizes FDA to set food residue tolerance levels
1938
First Field Use of DDT
1943 - goal was to arrest Naples, Italy typhus epidemic
War production board releases surplus DDT for civilian ag
1945
FIFRA enacted, 1910 Pesticide Act repealed
1947
FDA and USDA issue joint statement warning farmers not to use DDT near cattle
1948 - 1949
USDA’s fire ant blanket spraying kills non-target wildlife
1957 - runoff into the Gulf decimates shrimp/crab
Delaney Clause added to FFDCA
1958 - banning pesticide residues and carcinogens entry to food supply
Silent Spring, Rise of Environ Movement
1962
Scenic Hudson Preservation Conference v. Federal Power Comm’n
1965 - Courts could require fed agencies to hear environ concerns, emergence of environ law
Natl Environmental Policy Act
1969 - broad natl framework for environ protection, environmental assesments (EAs) and environmental impact statements (EIS)
First Earth Day
Apr 22, 1970 - represents grassroots support for environ protection
EPA established
1970 - primary authority to administer all major fed regulation acts
Atomic Energy Act of 1946
administered by Nuclear Regulatory Commission
Common Law backbone of modern Environmental Law
Nuisance theory and Case law
National Environmental Policy Act (NEPA)
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
Council on Environmental Quality
oversees broad matters of environ policy for the executive branch, produces an annual report on environ quality for the pres
Environmental Assessment (EA)
FONSI - finding of no sufficient impact
EIS - environmental impact statement
FIFRA Private Applicator
pesticide applied on property of applicator or applicator’s employer
FIFRA Commercial Applicator
applicator uses or supervises the use of any pesticide which is classified for restricted use on any property
Florida Pesticide Law
mirrors FIFRA w some exceptions, created within DACS to advise commissioner regarding sale, use, and registration of pesticides, advises gvmt agencies
Federal Endangered Species Act (ESA)
federal agencies must protect endangered and threatened species (including habitats), administered by the Fish and Wildlife Service
Florida Endangered and Threatened Species Act
posting rewards to persons providing info on poachers (snitch laws)
