Reference no: EM13774624
ENVIRONMENTAL LAW ASSESMENT
Question 1. In U.S. v. Park, the Supreme Court laid down a ruling of what particular significance?
Answer
A corporate officer can be held criminally liable for failure to correct a regulatory violation even when that officer directed a lower-level employee to take corrective action.
A corporate officer cannot be held criminally liable for failure to correct a regulatory violation when it is shown that the officer had made a verifiably good faith effort to direct a lower-level employee to take corrective action.
A corporate defendant was not held criminally liable for the actions of a licensed private hauler of the company's hazardous waste.
A corporate defendant was held criminally liable for the actions of a licensed private hauler of the company's hazardous waste.
Question 2. All laws originate from legislative proposals called bills. Who will introduce a bill into the house or senate?
Answer
The Speaker of the House
The Speaker of the Senate
A lobbyist for either the House or Senate
A single member or several members of either the House or Senate
Question 3. Which of the following is NOT an essential element of a successful environmental auditing program?
Answer
Adequate auditor training and staffing
An environmental auditing function that is independent of audited activities
Middle management support for the audit
A process that includes quality assurance procedures
Question 4. Stare decisis is a legal term that refers to which of the following?
Answer
The concept of "standing" as a valid litigant before the court
The rational providing a dual court system in the U.S. as envisioned by our founding fathers
The term used when a president issues an executive order
The process of reliance on precedent in a court decision
Question 5. Which of the following conditions would NOT qualify a corporation for a penalty reduction under the EPA guidelines?
Answer
The corporation must promptly disclose the violation.
The corporation must remedy the violation within one year of its discovery.
The corporation must voluntarily report the violation, fully and in writing, to federal, state, and local officials within 10 days of its discovery, unless it is an unusually complex violation.
The corporation must cooperate with the EPA and not hide or destroy any evidence.
Question 6. The founding fathers were strongly influenced by __________, who saw government as a social compact by which people, living in a state of nature, agreed to form a government that would make rules by which all would abide.
Answer
Thomas Jefferson
George Washington
John Adams
John Locke
Question 7. When the President signs a bill into law, it becomes a statute. What will happen next?
Answer
It is codified in the Congressional Record.
It is written down and codified in both the United States Code and United States Code Annotated.
It is codified in the Congressional Quarterly Weekly.
It is written down and codified in the Federal Register.
Question 8. Marbury v. Madison was precedent setting for what reason?
Answer
It established the concept of Federalism in the federal courts.
It established the Supreme Court as the final arbiter of the constitutionality of laws.
It defined important aspects of the Due Process clause in the Fifth and Fourteenth Amendments.
It defined stare decisis as a critical element in judicial review.
Question 9. Three articles of the U.S. Constitution create a federal government composed of three major branches. Which of the following is MOST TRUE?
Answer
The legislative branch of the federal government primarily creates laws.
The executive branch of the federal government primarily interprets laws.
The judicial branch of the federal government primarily enforces laws.
All three branches work together under Article 1 to create, interpret, and enforce the law.
Question 10. Which of the following statements BEST describes the term "prejudicial error"?
Answer
The judge commits an error in pre-trial motions before the court.
The prosecutor commits an error in pre-trial motions before the court.
It is an error so substantial that it could affect the outcome of the case.
It is an error committed on appeal by the defense attorney.
Question 11. Consider that the company you work for is contemplating a process of environmental self-audits that they expect you to develop and implement. You sense reluctance on the part of some corporate officials to this new process. Use the material in the textbook on pages 21-25 and any other applicable source to justify establishing such a program, and illustrate aspects of the program that will ensure minimizing impact to the corporation should violations be uncovered. Your answer should be approximately 250-300 of your own words. Provide a reference citation for your source material.
Question 12. What is FREE? How does it function, and what is its value to environmental law? Provide a reference citation for your source material. There is no minimum word requirement for your written response.
Question 13. Reflect on what you learned in this unit within Environmental Law. Describe something that you had difficulty with and where you think the difficulty lies.