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33 Cards in this Set
- Front
- Back
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Which courts are established by congress?
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courts of appeals
district courts |
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District courts handle which types of cases?
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criminal and civil
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Trials our in which type of courts?
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district courts
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What is the jurisdiction of courts of appeals?
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appeals from district courts
review of federal agency action |
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What are three reasons for overturning a case in the Court of Appeals based on actions of the district court?
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errors of the law
errors of fact agency action |
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What are 5 possible outcomes of an appeal?
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1. affirm
2. reverse 3. remand 4. vacate 5. combination of the previous four |
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What are some cases in which the U.S has original jurisdiction?
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cases involving ambassadors, other public ministers and consuls, and those in which a state is a party
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What are four criteria for which SCOTUS will hear a case?
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1) discretionary with the court
2) importnat, national legal issues 3) conflicts between courts of appeals 4) very few petitions for cert. are granted: about 1.5% |
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Who appoints federal judges
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The President
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Federal judges are appointed for how long
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life
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Congress may/may not reduce their compensation while in office
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may not
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What are some issues held in state courts?
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real estate
probate inheritance divorce child custody personal injury medical malpractice breach of contract |
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Define Obiter Dicta
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Said in passing- everything in a decision that is not in the hlding
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What is included in the holding?
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Decision of pivotal issue
Limited to relevant facts One case can have more than one |
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“Each Federal agency shall ______________ that any action authorized, funded or carried out by such agency . . . is not likely to jeopardize the continued existence of any endangered species or threatened species or result in the destruction or modification of” critical habitat
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insure
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Each Federal agency must consult with the ________________________ having jurisdiction over specific endangered species
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expert wildlife agency
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What are two things considered in a biological opinion by the exert agency?
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Whether the agency action is likely to jeopardize the continued existence of the species
Whether the agency action is likely to result in destruction or adverse modification of critical habitat |
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The _________ dam was a $100,000,000 project delayed by endangered species act
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Tellico
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The tellico dam was delayed over concerns about the well-being of the _______________, a rare fish found only in Coytee Springs section of Little Tennessee River, downstream from the Tellico Dam.
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snail darter
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The dam was delayed after the proposed area was designated as a _______________
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critical habitat
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“any land or water area . . . and constituent elements thereof, the loss of which would appreciably decrease the likelihood of the survival of a listed species or a distinct segment of its population.”
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critical habitat
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The court found that TVA hill orparting the Tellico dam would
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violate the ESA’s requirement that it “insure” that the continued existence of the snail darter was not jeopardized and that its critical habitat was not destroyed.
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The disctrict court was required by the Endangered species act to issue _________________________ in these circumstances
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injunction
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What are four standards for a preliminary injunction in other cases of ESA
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Likelihood of success on the merits
Potential for irreparable injury if the injunction is not granted Balance of relevant equities (and relative hardship to the nonmovant and movant) Effect on the public interest |
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The Endangered Species Committee consists of
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Secretary of Agriculture
Secretary of the Army Chairman of Council of Economic Advisers Administrator of EPA Secretary of the Interior Administrator of NOAA Person from each affected State (appointed by the President) |
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What are four reasons for exemption from ESA?
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1) no reasonable action
2) benefits of action> benefits of alternatives 3) regional or national significance 4) no irreversible or irretreivable commitment of resources |
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Under the ESA, it is unlawful to
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take any such species within the United States or the territorial sea of the United States;
take any such species upon the high seas . |
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What falls under the term "take" in the ESA?
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- harrass
-harm -pursue - shoot -wound -kill - capture - collect |
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Whore were the parties in Strahan vs. Coxe?
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Richard Max Strahan – citizen activist, plaintiff
Trudy Coxe – Massachusetts Secretary of Environmental Affairs, defendant (along with other state officials) Conservation Law Foundation – environmental nonprofit, amicus curiae (friend of the court) and later plaintiff-intervenor |
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What was the issue in Strahan vs. Coxe
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MA. officials were endangering right whales by issuing gillnets and lobster fishing gear that hurt right whales
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What was the outcome of the District Court Decision?
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There is sufficient evidence in the record that the entanglement of endangered whale species in fishing gear in Massachusetts waters causes injury or death to those species.
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How must one go about receiving injunctive relief in the Coxe vs. Strahan case?
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- apply for a permit
- submit a proposal to restrict, modify or elminate use of fishing gear in waters listed as critical habitat - must convene a meeting on saving the whales |
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What was the court of appeals decision in Strahan vs. Coxe?
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“The state has licensed commercial fishing operations to use gillnets and lobster pots in specifically the manner that is likely to result in a violation of federal law. The causation here, while indirect, is not so removed that it extends outside the realm of causation as it is understood in the common law.”
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