Environmental Law Under the Common Law - Module 1 of 5

Question 1

One main benefit to bringing environmental actions under the common law is that such cases can be particularly effective in cases of _______.

Question 2

In addition to filling some of the potential gaps left by ___________, common law doctrines provide an important basis for building effective policy over time.

Question 3

To establish a civil case under the common law, a plaintiff must be able to provide evidence sufficient to show that the defendant’s wrongful action caused them ______________ harm

Question 4

Under the Second Restatement of Torts, one incurs liability for ____________ by entering into land possessed by another person or causes an object or third party to do so.

Question 5

By preventing disruptive or unhealthy activities that don’t necessarily create a physical impact on land, _________ actions have proven to be very effective tools for combating environmental pollution.

Question 6

In a/an __________ action, a defendant is liable if he or she intentionally and unreasonably or negligently invades the plaintiff’s interest in the use and enjoyment of the plaintiff’s land.

Question 7

_________liability is defined as legal liability imposed on a defendant despite the fact that he or she harmed someone without breaching any specific duty of reasonable care.

Question 8

Which of the following legal cases provides a prime example of how strict liability theories can apply to environmental pollution?

Question 9

Which of the following legal cases set an important precedent about strict liability under the common law?

Question 10

Which of the following is a recent environmental case that highlights issues raised when environmental plaintiffs are not constitutionally qualified to pursue environmental actions in the common law?