law test 1 - -1Ashley Harper 905152398 Law of Critical...

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-1Ashley Harper 905152398 Law of Critical Environmental Areas Midterm Exam #1 1. A) Jurisdiction is the power to hear and determine the controversy presented. Supreme Court jurisdiction is given in the Constitution and federal districts are decided through statutes. In civil cases the district courts have original jurisdiction. There is often controversy in environmental cases as to who has jurisdiction over a certain issue, especially when it comes to the jurisdiction of agencies such as the Corps of Engineers. It is the job of the courts to decide whether or not an agency has jurisdiction to interpret what Congress passes. For example, the Corps of Engineers has jurisdiction over waters defined as "waters of the United States". Venue defines the proper or most convenient geographic area in which jurisdiction may hear and determine a case. In civil cases the venue is usually the district where the offense took place or where the main defendant resides. B) Civil law is the type of law when an individual, group or government act as the plaintiff and may sue another person in an attempt to have the defendant, which can be an individual, group or government, redress wrong the plaintiff accuses the defendant of committing. The majority of cases brought in context to environmental areas are civil cases in which the goal is to bring awareness, fix the wrong, and influence policy. Environmental law involves the interpretation of contracts, enforcement of criminal law, and the complexities of tax law. An example of a civil law case would be Chevron U.S.A Inc. v. Natural Resources Defense Council, Inc. Criminal law is offenses against the state and can only be prosecuted by the state even though anyone can complain. The goal of criminal law is to punish and to prevent future crime by the individual and others.
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Criminal cases brought about in environmental areas occur when people have broken environmental laws, such as unlawful pollutions. An example would be United States v. Riverside Bayview Homes, Inc., 474 U.S. 121. C) Reverse is to overthrow, vacate, make void, revoke, etc. as to reverse a judgment, sentence, or decree. Many times in civil cases environmental legislature and law is reversed because of new scientific evidence and points brought up by advocacy groups fighting for the issue. In the Chevron v. NRDC case, when brought to the Supreme Court was reversed. In times of dissent there is an explicit disagreement of one or more judges of a court with the decision passed by the majority upon a case. Because of the controversial and value based issues of environmental cases there are oftentimes dissent. The dissenting opinion is included in briefs.
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This note was uploaded on 02/10/2009 for the course UAP 4344 taught by Professor Jesserichardson during the Fall '08 term at Virginia Tech.

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law test 1 - -1Ashley Harper 905152398 Law of Critical...

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