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Environmental Law > Up to midterm > Flashcards

Up to midterm Flashcards

1
Q

What does civil mean in the context of civil liability

A

“Civil” in this context refers to a private law dispute between two parties

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2
Q

True or False: Civil liability is the same as criminal liability

A

False, Distinct from criminal or regulatory liability

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3
Q

What is civil liability usually concerned with

A

Usually concerned with monetary damages, but can also involve other remedies

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4
Q

What is included in civil liability

A

torts, contracts, statutory causes of action, and others

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5
Q

Define cause of action

A

– to bring a valid claim you have to have a cause of action

-a set of circumstances recognized by the courts as warranting a remedy

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6
Q

Define a remedy

A

what the court will order if you are a successful litigant

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7
Q

Define Standing

A

who can bring a legal action?

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8
Q

Define Tort

A

a wrong recognized by the law

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9
Q

Does the plaintiff or the litigant have the burden of proof

A

plaintiff

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10
Q

What is the burden of proof

A

 Plaintiff must prove their case
 Prove that there is a cause of action
 Prove that the defendant is responsible

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11
Q

What is that standard of proof in civil law cases

A

Balance of probabilities

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12
Q

Define Damages in civil cases

A

compensation for the wrong (usually money)

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13
Q

Define injunction in civil cases

A

an order that certain legally wrong actions

shall not take place

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14
Q

Define declaration in civil cases

A

a statement by the court describing the parties’ rights and obligations

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15
Q

What are the types of remedies in civil cases

A
  • damages
  • injunctions
  • Declaration
  • various others to fix relationships between parties
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16
Q

What is Joint and several liability

A

-if multiple defendants are at fault the plaintiff can choose to sue one for the entire amount of money

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17
Q

In joint and several liability can the defendant that was sued recover portions by sueing other defendants

A

yes

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18
Q

True or false: The common law has developed largely as a result of private law suits between litigants

A

True

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19
Q

What are the causes of action in environmental cases

A
  • nuisance
  • negligence
  • trespass
  • strict liability
  • statutory causes of action
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20
Q

Is nuisance an unintentional or intentional tort

A

intentional

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21
Q

Is trespass an intentional or unintentional tort

A

intentional

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22
Q

what is an intentional tort

A
  • the defendants actions or omissions were intentional

- effect does not need to be intended, just the action does

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23
Q

Is negligence an intentional or unintentional tort

A

unintentional, involves a lack of care

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24
Q

What does strict liability impose the defendant to prove

A

that they exercised due diligence

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25
Define Nuisance
unreasonable interference | with the use or enjoyment of property
26
What are the two types of nuisance
1. private | 2. public
27
true or false: nuisance has a very limited cause of action
false, it is potentially broad
28
What are the elements of a private nuisance
1. plaintiff must have occupation rights to land 2. defendants actions must be found to be unreasonable 3. defendants action must result in harm to plaintiff
29
What is unreasonable interference measured by in private nuisance
- severity of the interference - character of the neighbourhood - normal sensitivity of the plaintiff - social utility of the defendant's conduct
30
What are some defences to private nuisance
- defendants activity is socially beneficial - plaintiff should expect activity given zoning - statutory authority
31
Define public nuisance
any activity which unreasonably interferes with the public's interest in questions of health, safety, morality, comfort or convenience
32
who can bring a claim of public nuisance
- attorney general of the province where the nuisance occurred - a person who is uniquely affected beyond the impact on the general public
33
true or false: some one can bring a claim public nuisance if they have the permission of the attorney general
tue
34
What are the remedies for nuisance
- injunction | - damages
35
Define negligence
Failure to act reasonably, and foreseeable harm results
36
When was negligence first recognized
Donoghue v. Stevenson, 1932 UK House of Lords case
37
Does negligence require intention
no
38
True or False: negligence depends on interference with the use or enjoyment of the land
false
39
True or False: negligence is restricted to occupiers of land
false
40
What must the plaintiff establish in negligence cases
1. defendant owed a duty of care to the plaintiff 2. the defendant fell short of the STD of care reasonably expected 3. defendants breach was proximate cause of actual harm to plaintiff 4. proof of damages
41
What is duty of care
- reasonable foreseeable risk of injury | - plaintiff sufficiently close (in causation) to defendants activity
42
What is the principle of remoteness
plaintiff sufficiently close to the defendant to be affected by the defendant’s activity -close in causation
43
What is a standard of care
- what a reasonable person would do in those circumstances | - if a special skill is needed what would a reasonably competent person do
44
What test must causation pass
The "but for" test - “But for” the defendant’s conduct, the plaintiff would not have suffered loss - ENV cases often require expert evidence - can be difficult to prove after ongoing exposure
45
What is contributory negligence
-the plaintiffs own negligence contributed to the harm/injury/loss suffered
46
What happens in cases of contributory negligence
Damages awarded to a plaintiff for negligence may be reduced in proportion to their share of the blame
47
What is trespass
-invasion of another's property
48
True or false: Placing or allowing some substance or material onto another person’s land is considered negligence
false, it is considered trespass
49
what does Is actionable per se without proof of damage for the fact of interference mean
does not need proof of damages (this is for trespassing cases)
50
What are the main defences to trespass
- consent - statutory authorization - necessity
51
What case established strict liability
Rylands v. Fletcher (1866)
52
What was the ruling from Rylands v. Fletcher (1866)
“any person who for his own purposes brings on his lands and collects and keeps there anything likely to do mischief if it escapes, must keep it in at his peril, and, if he does not do so, is prima facie answerable for all them damage which is the natural consequence of its escape”
53
Is intention a required element of strict liability
no
54
True or false: strict liability by definition applies to pollution over time
not necessarily
55
True or false: strict liability | applies to catastrophic releases
yes
56
True or False: strict liability requires non natural use of land
true
57
Give an overview of the Rylands v. Fletcher (1866) case
- rylands hired contractors to build a reservoir on his land - reservoir broke and flooded neighbouring coal mine
58
What is a non-natural use of land
not normal for the area, i.e. industrial use in an industrial area
59
Explain strict liability
- plaintiff must prove that act occurred and that defendant is reasonable - not necessary to harm resulted - defendant may raise a defense of absence of fault
60
what are some statutory causes of action
- someone violating a statute doe not mean that the harmed party has a cause of action - sometimes legislation will pass a law that specifically allows injured persons to recover damages from the person that broke the law
61
What does Absolutely mean in the EMA
regardless of due diligence
62
what does retroactively mean with regards to the EMA
you are responsible regardless of if action occurred before law was made
63
What is the 3P rule?
A rule of traditional standing for strict liability | -Property, personal, pecuniary
64
What are the standing for strict liability cases
- traditional standing (3P's) - public interest standing - class actions
65
What is the test for public interest standing
- serious justiciable issue raised - plaintiff has a real stake or genuine interest in it - the proposed suit is a reasonable and effective way to bring issues before the courts
66
What is an example of public interest advocacy groups
-sex workers advocacy group advocating for less violence
67
What are class actions
Proceedings on behalf of multiple plaintiffs at the same | time in the same action
68
What are advanteges of class actions
- economical use of judicial resources - improved access to justice - shared evidentiary burden - potential to encourage modification to the tortfeasor's behaviour
69
True or false: class actions can involve one trial for the shared issues, then separate trials for any issues specific to each litigant
true
70
what is the most difficult hurdle of a class action
certification stage
71
what is the certification stage of a class action
court determines that a suitable "class" of litigants exists -are issues shared between all litigants sufficient to warrant a single trial for all of them
72
Does party or intervener status have more limited rights
internener
73
what are the intervener status rules (you need at least 1 and 2 or 1 and 3)
1. have an interest in the subject matter 2. may be adversely affected by the judgement 3. have expertise or a different perspective to offer to the court
74
Name some limitations to common law
```  Standing  Adversarial Nature  Litigation Expense  Risk of Liability for Costs  Burden of proof  Time it takes for harm to appear (between cause and effect)  Difficulty of determining & adequacy of damages  Damages are always “after the fact”  Limitation periods ```
75
What is administrative law
law of government decision making
76
How do courts exercise oversight of government decision makers
through judicial review
77
what type of law ensures the government stays within its limits set by parliament
administrative law
78
What are the two categories of administrative law
1. substantive review | 2. procedural fairness

Environmental Law (2 decks)

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