Set 2

Front 1

Common law is derived from ____ court decisions--it could be considered the accumulation of case law throughout American history.

Back 1

past

Front 2

A non-_______ agreement must set a reasonable limit on time, place, and subject matter, or it may be found to be in restraint of trade.

Back 2

compete

Front 3

The legal principle of Stare Decisis binds a court to follow its own and ______ court precedents.

Back 3

higher

Front 4

The benefit of the legal principle known as _____________ is that court decisions are more consistent.

Back 4

Stare Decisis

Front 5

Warranty of Title can also be considered a type of implied warranty under Article 2 of the UCC, and also includes warranty of no _____ and no infringements.

Back 5

liens

Front 6

A seller makes an offer, the buyer responds with a counteroffer, and the seller rejects the counteroffer. If the buyer now says that he accepts the original offer, this is not actually an __________, it is an offer.

Back 6

acceptance

Front 7

The National Environmental Policy Act of 1969 was signed into law under President Nixon's administration, and set national policy goals for the __________, maintenance, and enhancement of the environment.

Back 7

protection

Front 8

NEPA (National Environmental Policy Act) created the Council of Environmental Quality to oversee, administer, and ______ on the Act.

Back 8

advise

Front 9

NEPA (National Environmental Policy Act) requires federal agencies proposing "major federal actions significantly affecting the quality of the human environment" to submit Environmental ______ Statements.

Back 9

Impact

Front 10

Warranty of _____, Express Warranties, and Implied Warranties are covered by the UCC.

Back 10

Title

Front 11

The _______ federal regulatory agency of the U.S. government is the Environmental Protection Agency.

Back 11

largest

Front 12

The most significant regulation regulating water pollution is the Clean Water Act of ____.

Back 12

1972

Front 13

The EPA is responsible for establishing water quality _________ and enforcing the Clean Water Act.

Back 13

standards

Front 14

If a company unknowingly harms the environment, and it had safeguards in place to _______ this harm, but they were not really effective, then it might still be required to pay for the damage due to strict liability.

Back 14

prevent

Front 15

The ___ Control Act was passed in 1990 in response to the Exxon Valdez accident in 1989.

Back 15

Oil

Front 16

The _____ Air Act, originally passed in 1963, and most recently amended in 1990, recognizes air pollution as a national problem and authorizes the EPA (Environmental Protection Agency) to establish and enforce national air quality standards.

Back 16

Clean

Front 17

During President _____'s administration, the Clean Water Act and the National Environmental Policy Act were enacted, the Clean Air Act was amended, and the Environmental Protection Agency was established.

Back 17

Nixon's

Front 18

The Resource Conservation and ________ Act of 1976 sets standards for management of both hazardous and nonhazardous wastes.

Back 18

Recovery

Front 19

______, more commonly known as the Superfund Law, was passed in 1980 to create a fund for use by the EPA and state and local governments in dealing with uncontrolled releases of hazardous wastes.

Back 19

CERCLA

Front 20

Express Warranties are provided for by Article 2 of the UCC, and are things the seller says or does that establish a promise concerning the quality, condition, description, or ___________ potential of the goods.

Back 20

performance

Front 21

The _____________ Environmental Response, Compensation, and Liability Act is more commonly known as the Superfund Law.

Back 21

Comprehensive

Front 22

The _____ Substances Control Act authorizes the EPA to secure information on all new and existing chemical substances and to control any of these substances determined to cause an unreasonable risk to public health or the environment.

Back 22

Toxic

Front 23

The Federal Environmental Pesticide Act requires the ____________ of all pesticides before sale in order to identify unreasonable hazards to humans or the environment.

Back 23

registration

Front 24

Most hazardous-waste producing processes are regulated by the ___; however, nuclear power falls under the jurisdiction of the Nuclear Regulatory Commission.

Back 24

EPA

Front 25

The ______-Anderson Act sets a limit on the monetary liability of companies for a nuclear accident.

Back 25

Price

Front 26

Misrepresentation without intent to _______ is known as innocent misrepresentation.

Back 26

defraud

Front 27

The Nuclear Waste Policy Act establishes both the Federal governments responsibility to provide a place for the permanent disposal of high-level radioactive waste and spent nuclear fuel, and the __________' responsibility to bear the costs of permanent disposal.

Back 27

generators

Front 28

The Endangered Act of 1973 provides for the conservation of species which are in danger of endangerment or extinction, protecting certain plants and animals from harm or significant change to their _______.

Back 28

habitat

Front 29

A person can sue for assault if the actions and words of a person cause an individual reason to fear for his or her _________ safety.

Back 29

immediate

Front 30

Extremely high costs of environmental regulation has resulted in rising use of Alternative Dispute Resolution techniques--using methods other than __________ to settle environmental disputes.

Back 30

litigation

Front 31

The Bubble Concept is a cost-cutting policy allowing industry management to figure out the best way to clean up air pollution at __________ plants, provided that overall clean air requirements are met.

Back 31

individual

Front 32

Implied Warranties are warranties that exist because of law--they are provided for by Article 2 of the UCC, and include warranty of merchantability and warranty of _______.

Back 32

fitness

Front 33

Pesticide manufacturing, labeling, and use is regulated under the Federal Environmental Pesticide _______ Act.

Back 33

Control

Front 34

The Endangered Species Act protects not only the endangered _______ themselves, but the habitats they live in.

Back 34

species

Front 35

____________ statutes prohibit employees from suing their employers for injuries suffered on the job.

Back 35

Compensation

Front 36

The Rio Summit in 1992 was a major United Nations conference in which 120 nations met to discuss international environmental law. It resulted in ____ documents.

Back 36

five

Front 37

Common law is not written law enacted by a legislature--it is an accumulated body of previous court decisions. When judges make a decision, common law, as well as __________ law, plays an effect. This means that if case law was established in a previous case which involved similar circumstances, then the court will make a similar decision.

Back 37

statutory

Front 38

It may be found to be in restraint of trade unless it specifies reasonable limits to the restraint. For example, if one sells a coffee shop business, it would be unreasonable to say that the selling party could not open a coffee shop ever again, _________. On the other hand, if it prohibited the seller from opening a coffee shop within one mile of the sold property, that would be reasonable.

Back 38

anywhere

Front 39

Stare Decisis, which is Latin for "_________ the decision," requires a judge to search the case history of past decisions for a similar case to determine whether a precedent has been established. If such a case exists, the judge will follow the prior decision.

Back 39

stand by

Front 40

Court decisions are more consistent and predictable. People with similar problems can be expected to be treated ________.

Back 40

equally

Front 41

Warranty of title is often considered a type of implied warranty and guarantees three things. 1) The seller has good and valid title--i.e. he owns the product, he didn't steal it 2) The goods are free of a _________ interest or other lien of which the buyer has no knowledge. 3) the goods are free of any third person's patent, trademark, or copyright claims.

Back 41

security

Front 42

It is not an acceptance, it is an offer. That is because when the buyer made a counteroffer, he rejected the original offer, and that offer is now dead--it is no longer available. By saying he will accept the original offer, he is making a new offer on the original terms--the seller can either accept this new offer or reject it. If the seller says nothing and acts on this new offer, a _________ is formed at the time the seller shows acceptance by acting on it; i.e. sending the goods.

Back 42

contract

Front 43

The National Environmental Policy Act of 1969 is the cornerstone of all federal environmental law. The most significant law designed to protect and ______ the environment is federal law.

Back 43

clean

Front 44

NEPA had two main purposes: 1) to create the Council of Environmental Quality 2) to set out policies that would ensure the federal government would consider environmental impacts for all _________ making actions

Back 44

decision

Front 45

NEPA requires federal agencies to submit Environmental Impact Statements which detail the environmental effects of the action. Examples of federal actions this affects are when power plants are constructed or __________, federal land is leased, highways or railroads are constructed, etc..

Back 45

abandoned

Front 46

The UCC (Uniform Commercial Code) Article 2 concerns warranties, or guarantees, made by sellers. Warranty of Title arises automatically out of the sale. Express Warranties are representations concerning the quality, condition, description, or performance potential of the goods. ________ warranties include Warranty of merchantability and Warranty of fitness.

Back 46

Implied

Front 47

The Environmental Protection Agency was created in _____ to establish and enforce environmental protection standards, conduct environmental research, monitoring the environment, and assist the Council of Environmental Quality in recommending new policies to the President.

Back 47

1970

Front 48

The Clean Water Act, passed under President ______'s administration, basically replaced the Water Pollution Control Act. Its goal was to maintain or clean up water in the United States to be "fishable and swimmable," and to eliminate the discharge of all pollutants into navigable waters.

Back 48

Nixon's

Front 49

The EPA (Environmental Protection Agency) is responsible for enforcing pollution and other environmental laws. Companies go to the EPA to obtain permits to discharge ___________ into navigable waters, and the EPA has the power to bring lawsuits to court against violators.

Back 49

pollutants

Front 50

Under strict liability, the company would probably be required to pay for the harm it caused. This is despite the fact that there was no negligence or __________ on the company's part.

Back 50

intention

Front 51

The Oil Pollution Control Act requires that the party responsible for an oil spill in __________ waters to be liable for removal costs and damages that result.

Back 51

navigable

Front 52

The Clean Air Act is the most significant federal statute for controlling air pollution, to include smog, soot, carbon monoxide, _______ dioxide, acid rain, etc..

Back 52

sulfur

Front 53

President Nixon supported the passage of significant environmental legislature, establishing the EPA and through the Clean Water Act and Clean Air Act, giving it the power to establish and enforce ______ and air pollution

Back 53

water

Front 54

The Resource Conservation and Recovery Act applies only to ______ waste (garbage, refuse, sludge from waste or water treatment plants, etc.). Under the RCRA, generators and transporters of hazardous waste are issued identification numbers by the EPA and must keep records of their activities. Operators of hazardous waste treatment, storage, or disposal plants must apply for permits from the EPA.

Back 54

solid

Front 55

The Superfund Law, formally called the Comprehensive Environmental Response, ______________, and Liability Act, creates this fund and sets strict obligations for the organization that releases a hazardous substance. In most cases, responsible parties are liable for the costs of cleaning hazardous waste, and are required to notify the EPA immediately when such an accident occurs.

Back 55

Compensation

Front 56

These are known as Express Warranties. There are three types. Affirmation or promise of fact about the goods, description of the goods, referencing a sample or model. In other words, the description of the product on its packaging, in terms of the words or _________, are a guarantee--the goods should be as described.

Back 56

pictures

Front 57

The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) deals with the ______________ releases of hazardous wastes. It includes a "right to know" provision which requires facilities that deal with hazardous wastes to provide local and state officials with information about those hazardous chemicals.

Back 57

uncontrolled

Front 58

The Toxic Substances Control Act requires screening of toxic substances before they enter the marketplace, reviewing them for health and environmental effects before they are manufactured for ___________ purposes, whereas previous laws had only given the EPA the authority to control toxic substances after damage had occurred.

Back 58

commercial

Front 59

The Federal Environmental Pesticide Act. Under FEPCA, Pesticides must be classified according to general or restricted use, and the users of restricted pesticides must be __________.

Back 59

certified

Front 60

The Nuclear Regulatory Commission oversees the private construction, ownership, and operation of commercial nuclear power reactors. It issues construction ________ for nuclear power plants, and specifies plant location criteria.

Back 60

permits

Front 61

The Price-Anderson Act requires that nuclear reactor operators/owners obtain $200 million in insurance liability coverage from a private insurer. If an accident exceeds $200 million in damages, all nuclear reactor operators in the U.S. must contribute up to around $80 million each, and the ___________ covers the rest.

Back 61

government

Front 62

Misrepresentation can either be "innocent misrepresentation," or it can be fraud. The big difference is, in innocent misrepresentation, there was no intent to defraud the other party, and in fraud, the intent did exist. A contract that involves misrepresentation did not involve a "meeting of the ______." Many of the rules governing a contract are not just rules, they are actually trying to establish whether the minds of the two parties met.

Back 62

minds

Front 63

The Nuclear Waste Policy Act was originally enacted in 1982, and has been amended to focus government efforts on developing a possible repository at Yucca Mountain, _______.

Back 63

Nevada

Front 64

The Endangered Species Act makes it a federal crime to buy, sell, or possess any species officially designated as endangered or ___________. It is enforced by the U.S. Fish and Wildlife Service (FWS) and the National Marine Fisheries Services (NMFS).

Back 64

threatened

Front 65

Assault does not necessarily require physical contact or harm--actions and words that cause apprehension, make a person ________ that he is about to be harmed, is grounds for assault charges. For example, if a person screams "I'm going to kill you" and throws a fake grenade through the window, he could be sued for assault.

Back 65

believe

Front 66

Use of Alternative Dispute Resolution (ADR) techniques is rising rapidly, as using litigation often is not cost effective. For example, under the __________, the EPA is required to try to negotiate settlements with private parties.

Back 66

Superfund

Front 67

The Bubble Concept involves setting an overall emission standard for an entire plant, rather than setting standards for each of the individual plant processes. This allows companies to find the most efficient way to achieve the overall emission standard--drastically ________ pollution by some processes, and leaving others alone.

Back 67

cutting

Front 68

Implied Warranties are implied by law. They include warranty of merchantability, and warranty of fitness. In addition to these two implied warranties, the UCC also covers warranty of title and express warranties. It does not mention a warranty of "________."

Back 68

newness

Front 69

The habitats are also protected, since destroying a sizable piece of their habitat can result in loss of _____, hiding space, etc..

Back 69

food

Front 70

Workers' Compensation statutes do not allow employees to sue employers for injuries suffered on the job--this means that employees cannot collect compensatory and punitive damages. However, they are guaranteed financial benefits such as payment for medical bills, ________________ fees, compensation for lost work hours, and death benefits.

Back 70

rehabilitation

Front 71

The Rio Summit, held in Rio de Janeiro, _______, resulted in five documents that have the potential to greatly enhance the planet's environment if adopted by enough countries.

Back 71

Brazil