ASSESMENT 1

1. The Fourth Amendment to the Constitution protects which of the following principles?

Answer

It assures that no person shall be deprived of his or her right to life, liberty, or property without due process of law.

It protects the right of individuals to bear arms so that they may protect their homes and their personal property.

It contains the language of the Commerce Clause.

It applies to corporations as well as to individuals.

Question 2. Binding arbitration is included in approximately what percentage of collective bargaining agreements in force today?

Answer

45%

65%

85%

95%

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. 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 5. 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 6. Which of the following statements is TRUE?

Answer

Legislators make public law.

Judges make case law.

Environmental laws are considered statutory law.

Torts are not personal injury cases.

Question 7. 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 8. Arbitration and mediation are alternatives to civil litigation. Which of the following statements is TRUE?

Answer

The most significant reason for not using arbitration would be that the decision does not create a legally binding precedent.

Mediation is a process where the two disputants select the jury to hear their case.

Arbitration has an advantage over mediation in that it provides a decision to the two parties immediately after hearing the facts, evidence, and testimony.

Mediation does not provide a precedent setting decision, but it does provide a guaranteed outcome usually within a 30-day time frame.

Question 9. Which of the following statements is TRUE?

Answer

Grand juries try only the most important cases in the state system.

Grand juries try only cases in the federal court system.

Grand juries are used only in the state court system as finders of fact.

Grand juries are used only in criminal matters.

Question 10. 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 11. How does arbitration and mediation have value in resolving environmental legal disputes? State some examples, and justify your response. Your answer should be approximately 250-300 of your own words. Provide a reference citation for your source material

Question 12. 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 13. Reflect on what you learned in this unit within Environmental Law. Describe something that you learned within Unit I that can be applied to your career or an area of interest.

Question 14. 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.