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Environmental Law > Up to midterm > Flashcards

Up to midterm Flashcards

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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
Q

Define Nuisance

A

unreasonable interference

with the use or enjoyment of property

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26
Q

What are the two types of nuisance

A
  1. private

2. public

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27
Q

true or false: nuisance has a very limited cause of action

A

false, it is potentially broad

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28
Q

What are the elements of a private nuisance

A
  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
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29
Q

What is unreasonable interference measured by in private nuisance

A
  • severity of the interference
  • character of the neighbourhood
  • normal sensitivity of the plaintiff
  • social utility of the defendant’s conduct
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30
Q

What are some defences to private nuisance

A
  • defendants activity is socially beneficial
  • plaintiff should expect activity given zoning
  • statutory authority
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31
Q

Define public nuisance

A

any activity which unreasonably interferes with the public’s interest in
questions of health, safety, morality, comfort or
convenience

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32
Q

who can bring a claim of public nuisance

A
  • attorney general of the province where the nuisance occurred
  • a person who is uniquely affected beyond the impact on the general public
33
Q

true or false: some one can bring a claim public nuisance if they have the permission of the attorney general

A

tue

34
Q

What are the remedies for nuisance

A
  • injunction

- damages

35
Q

Define negligence

A

Failure to act reasonably, and foreseeable harm results

36
Q

When was negligence first recognized

A

Donoghue v. Stevenson, 1932 UK House of Lords case

37
Q

Does negligence require intention

A

no

38
Q

True or False: negligence depends on interference with the use or enjoyment of the land

A

false

39
Q

True or False: negligence is restricted to occupiers of land

A

false

40
Q

What must the plaintiff establish in negligence cases

A
  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
Q

What is duty of care

A
  • reasonable foreseeable risk of injury

- plaintiff sufficiently close (in causation) to defendants activity

42
Q

What is the principle of remoteness

A

plaintiff sufficiently close to the defendant to be affected by the defendant’s activity
-close in causation

43
Q

What is a standard of care

A
  • what a reasonable person would do in those circumstances

- if a special skill is needed what would a reasonably competent person do

44
Q

What test must causation pass

A

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
Q

What is contributory negligence

A

-the plaintiffs own negligence contributed to the harm/injury/loss suffered

46
Q

What happens in cases of contributory negligence

A

Damages awarded to a plaintiff for negligence may be reduced in proportion to their share of the blame

47
Q

What is trespass

A

-invasion of another’s property

48
Q

True or false: Placing or allowing some substance or material onto another person’s land is considered negligence

A

false, it is considered trespass

49
Q

what does Is actionable per se without proof of damage
for the fact of interference
mean

A

does not need proof of damages (this is for trespassing cases)

50
Q

What are the main defences to trespass

A
  • consent
  • statutory authorization
  • necessity
51
Q

What case established strict liability

A

Rylands v. Fletcher (1866)

52
Q

What was the ruling from Rylands v. Fletcher (1866)

A

“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
Q

Is intention a required element of strict liability

A

no

54
Q

True or false: strict liability by definition applies to pollution over time

A

not necessarily

55
Q

True or false: strict liability

applies to catastrophic releases

A

yes

56
Q

True or False: strict liability requires non natural use of land

A

true

57
Q

Give an overview of the Rylands v. Fletcher (1866) case

A
  • rylands hired contractors to build a reservoir on his land
  • reservoir broke and flooded neighbouring coal mine
58
Q

What is a non-natural use of land

A

not normal for the area, i.e. industrial use in an industrial area

59
Q

Explain strict liability

A
  • 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
Q

what are some statutory causes of action

A
  • 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
Q

What does Absolutely mean in the EMA

A

regardless of due diligence

62
Q

what does retroactively mean with regards to the EMA

A

you are responsible regardless of if action occurred before law was made

63
Q

What is the 3P rule?

A

A rule of traditional standing for strict liability

-Property, personal, pecuniary

64
Q

What are the standing for strict liability cases

A
  • traditional standing (3P’s)
  • public interest standing
  • class actions
65
Q

What is the test for public interest standing

A
  • 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
Q

What is an example of public interest advocacy groups

A

-sex workers advocacy group advocating for less violence

67
Q

What are class actions

A

Proceedings on behalf of multiple plaintiffs at the same

time in the same action

68
Q

What are advanteges of class actions

A
  • economical use of judicial resources
  • improved access to justice
  • shared evidentiary burden
  • potential to encourage modification to the tortfeasor’s behaviour
69
Q

True or false: class actions can involve one trial for the shared issues, then separate trials for any issues specific to each litigant

A

true

70
Q

what is the most difficult hurdle of a class action

A

certification stage

71
Q

what is the certification stage of a class action

A

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
Q

Does party or intervener status have more limited rights

A

internener

73
Q

what are the intervener status rules (you need at least 1 and 2 or 1 and 3)

A
  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
Q

Name some limitations to common law

A 
 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
Q

What is administrative law

A

law of government decision making

76
Q

How do courts exercise oversight of government decision makers

A

through judicial review

77
Q

what type of law ensures the government stays within its limits set by parliament

A

administrative law

78
Q

What are the two categories of administrative law

A
  1. substantive review

2. procedural fairness

Environmental Law (2 decks)

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