ENR 4400 Law and Legal Process Exam 1
Study Guide.
First Amendment - answer✔religious exercise, freedom of speech, freedom of the press, free
assembly
Second Amendment - answer✔A well regulated Militia, being necessary to the security of a free
State, the right of the people to keep and bear Arms, shall not be infringed.
Third Amendment - answer✔quartering soldiers
Fourth Amendment - answer✔unreasonable search and seizure
Fifth Amendment - answer✔grand jury, due process, rights of persons, takings clause, miranda
rights
Sixth Amendment - answer✔impartial jury, speedy, public trial
Seventh Amendment - answer✔protests the right to trial by jury
Eighth Amendment - answer✔no excessive fines, no excessive bail, no cruel and unusual
punishment
Ninth Amendment - answer✔enumeration of some rights doesn't mean other, not listed rights,
should be denied
Tenth Amendment - answer✔all powers not delegated to the U.S. by the Constitution or
prohibited to the States are expressly reserved to the people
Thirteenth Amendment - answer✔Abolition of slavery
Fourteenth Amendment - answer✔nor shall any state deprive any person of life, liberty, or
property, without due process of law; nor deny to any person within its jurisdiction the equal
protection of the laws
Nineteenth Amendment - answer✔Women's right to vote
impeachment - answer✔house passes articles, senate tries, and the Chief Justice presides. Very
little guidance exists in the Constitution for what should be _______ and removable
Whitman v. American Trucking - answer✔Rule: so long as Congress shall lay down by legislative
act an intelligible principle to which the person or body authorized to [exercise the delegated
authority] is directed to conform, such legislative action is not a forbidden delegation of
legislative power
Mississippi Commission on Natural Resources v. Costle - answer✔Issue: Was U.S. EPA allowed
to reject MS' proposed water quality criteria and replace it with their own?
AEP v Connecticut - answer✔Issue: Did the federal common law of nuisance apply to allow a
lawsuit by states against a power company for greenhouse gas emissions?
Cline v. American Aggregates - answer✔Conclusion: 1800s precedent overturned: landowner
cannot withdraw water if it unreasonably interferes with others' use
Definition of precedent - answer✔Legal decision serving as an authoritative rule in future
similar cases
Definition of live cases and controversies - answer✔Mootness, ripeness, standing
real property - answer✔land & real estate
personal property - answer✔everything else → everything that can be considered an asset but
isn't "fixed" like land or real estate
Tragedy of the commons - answer✔a public good and not owned by anyone; this results in no
one taking care of the land and everyone overgrazing their cattle to take advantage of the free
resource; everyone would need to agree to collectively graze a certain number of cattle to
prevent ruining the land
Takings clause - answer✔Fifth amendment to U.S. Constitution,
No person shall be deprived of...property without due process of law nor shall private property
be taken for public use without just compensation
Constitutional taking
Kelo v. City of New London - answer✔Rule: takings must be for a public purpose
Conclusion: general benefit to community from economic development is a permissible public
purpose under the takings clause of the Fifth Amendment
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