answer-all-question

 

ASSESMENT 1

 

 

 

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

 

Answer

 

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

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

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It contains the language of the Commerce Clause.

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It applies to corporations as well as to individuals.

 

1 points  

 

Question 2

 

1.       

 

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

 

Answer

 

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45%

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65%

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85%

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95%

 

1 points  

 

Question 3

 

1.       

 

Which of the following is NOT an essential element of a successful environmental auditing program?

 

Answer

 

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Adequate auditor training and staffing

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An environmental auditing function that is independent of audited activities

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Middle management support for the audit

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A process that includes quality assurance procedures

 

1 points  

 

Question 4

 

1.       

 

Which of the following conditions would NOT qualify a corporation for a penalty reduction under the EPA guidelines?

 

Answer

 

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The corporation must promptly disclose the violation.

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The corporation must remedy the violation within one year of its discovery.

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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.

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The corporation must cooperate with the EPA and not hide or destroy any evidence.

 

1 points  

 

Question 5

 

1.       

 

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

 

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Thomas Jefferson

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George Washington

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John Adams

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John Locke

 

1 points  

 

Question 6

 

1.       

 

Which of the following statements is TRUE?

 

Answer

 

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Legislators make public law.

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Judges make case law.

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Environmental laws are considered statutory law.

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Torts are not personal injury cases.

 

1 points  

 

Question 7

 

1.       

 

Which of the following statements BEST describes the term “prejudicial error”?

 

Answer

 

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The judge commits an error in pre-trial motions before the court.

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The prosecutor commits an error in pre-trial motions before the court.

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It is an error so substantial that it could affect the outcome of the case.

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It is an error committed on appeal by the defense attorney.

 

1 points  

 

Question 8

 

1.       

 

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

 

Answer

 

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

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

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

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

 

1 points  

 

Question 9

 

1.       

 

Which of the following statements is TRUE?

 

Answer

 

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

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Grand juries try only cases in the federal court system.

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

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Grand juries are used only in criminal matters.

 

1 points  

 

Question 10

 

1.       

 

In U.S. v. Park, the Supreme Court laid down a ruling of what particular significance?

 

Answer

 

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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.

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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.

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A corporate defendant was not held criminally liable for the actions of a licensed private hauler of the company’s hazardous waste.

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A corporate defendant was held criminally liable for the actions of a licensed private hauler of the company’s hazardous waste.

 

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

 

 

 

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.

 

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.

Your response should be at least 75 words in length. This is an opportunity for you to reflect and allow your professor to provide feedback.

 

14.

 

1.     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.

Your response should be at least 75 words in length. This is an opportunity for you to reflect and allow your professor to provide feedback.

 

 

 

 

 

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