ARE 306

Which below is not required by Packers and Stockyards Act?

that all livestock buyers, meat processors and marketers carry a bond to ensure payment to farmers

North Carolina fence law can best be described how?

that it is a Class 3 misdemeanor for an owner of livestock to let it run free

Match the case citation court abbreviation with the appropriate court: 1. N.C. App. 2. F.2d 3. F.Supp. 4. S.C. 5. N.C.

1. North Carolina Court of Appeals 2. Federal Circuit Court of Appeals 3. Federal District Court 4. United States Supreme Court 5. North Carolina Supreme

The basis for a Rule 12(b)(6) motion is...

... failure to state a claim upon which relief can be granted

Match the party to their required burden of proof: 1. Defendant in a criminal case 2. Defendant in a civil case 3. Plaintiff in a personal injury case 4. The government in a criminal enforcement case

1. Beyond a Reasonable Doubt(is NOT the answer) 2. No Burden of Proof 3. Preponderance of the evidence 4. Beyond a reasonable doubt

Match the term with its appropriate description or definition: 1. The legal system with its origins in the Roman legal system, whereby law is made in the abstract by legislation and applied disputes without setting precedent. 2. That part of law which creates, defines, and regulates the rights of people. 3. That which prescribes method of enforcing rights of people or obtaining redress for their invasion. 4. The legal system found primarily in countries of the former British Empire, where law is primarily made by courts whose decisions serve as precedent for settling future disputes.

1. Civil Law 2. Substantive Law 3. Procedural Law 4. Common Law

Match the type of the party to the party to the appropriate description: 1. In a court action with multiple defendants, a defendant who seeks compensation from one of his or her co-defendants 2. In an appeals court case, this person is not a party and is not directly bound by the outcome of the case, but has been allowed by the court to express the nature of his or her interest in the outcome 3. A defendant who, also claiming injury by the plaintiff, responds in his or her answer with his or her own claim against plaintiff

1. Cross-Claimant 2. Amicus Curiae 3. Counter-Claimant

Match the particular Article of the U.S. Constitution with its subject matter: 1. Article VI 2. Article I 3. Article V 4. Article III 5. Article IV 6. Article II

1. Declaring the U.S. Constitution as the "supreme law of the land" 2. The Legislature 3. Amending the Constitution 4. Judiciary 5. The Roles of the States 6. The Executive

Match the type of jurisdiction with its appropriate description: 1. A court has jurisdiction over a defendant who has minimum contacts with its geographic jurisdictional boundaries and has been properly served with a summons. 2. A state court has jurisdiction over a case involving property located within its geographic jurisdictional boundaries. 3. The United States Supreme court has jurisdiction to hear - for its first time in court - a dispute between two states over a boundary. 4. A federal court has jurisdiction over a state law matter (a non-federal matter) where the amount in controversy is over $75,000 and the parties reside in different states. 5. A federal district court has jurisdiction over a claim concerning federal law.

1. In Personam Jurisdiction 2. In Reme Jurisdiction 3. Original Jurisdiction 4. Diversity Jurisdiction 5. Subject Matter Jurisdiction

Match the type of common law tort with its description: 1. The plaintiff must prove that defendant failed to act as would a reasonable person in like circumstances 2. The plaintiff need only prove that defendant committed the act that caused him or her damage 3. The plaintiff must prove that defendant acted purposefully with knowledge of or indifference to the damage caused

1. Negligence 2. Strict Liability 3. Intentional Tort

Match the appropriate Wake County Court or Office with the type of dispute or amount in dispute, 1. Amounts in controversy up to $10,000 2. Amounts in controversy above $25,000 3. Amounts in controversy up to $25,000

1. Small Claims Courts 2. Superior Court 3. District Court

Match the appropriate term with its definition: 1. The right and power of regulating one's internal affairs without foreign dictation. 2. The concept that, in certain matters authorized by the U.S. Constitution, the federal government is superior to state law. 3. The concept that the United States is a nation of dual sovereignty where the federal government and states may in some respects operate without interference of the other. 4. The principle that federal government legislation does not pre-empt

1. Sovereignty 2. Supremacy Clause 3. Federalism 4. Concurrent Jurisdiction

Match each party with their proper description: 1. Appellant 2. Appellee 3. Defendant 4. Plaintiff

1. The party who believes the law was misapplied to the facts of their claim or defense and appeal for correction with an appeals court. 2. The party whose name appears second in a published appeals court case. 3. The part who must answer a complaint filed against him or her. 4. The first party to initiate a court action to recover damages for an alleged injury

Match the hypothetical fact situation with the applicable U.S. Constitutional clause, amendment or principle likely to be pled as a challenge: 1. To enhance wildlife habitat protection, the National Park Service issues a regulation requiring that no private lands may be cultivated within one-half mile of the boundary to the Great Smokey Mountains National Park 2. To protect North Carolina dairies from terrible milk prices nationwide, the North Carolina legislature passes a law requiring all retail sellers of milk located in North Carolina to only buy from North Carolina producers if the national average price of milk falls below a certain price level 3. Though the Federal Insecticide, Fungicide and Rodenticide Act, grants exclusive authority to the EPA to approve pesticides for various uses, the North Carolina legislature passes a law granting the North Carolina Department of Agriculture and Consumer Services the discretion to expand applicable uses of certain federally-approved pesticides

1. US Constitution 5th Amendment "Talking Clause" 2. Dormant Commerce Clause 3. U.S. Constitution Article VI 2 "Supremacy Clause"

Match each description with the appropriate "case or controversy" threshold term 1. The concept that the party requesting a court to address an agency decision (e.g. denial of a farm loan) is the correct party to bring the action 2.The concept that - absent provable injury - an agency has reversed its decision complained of by the plaintiff (or otherwise the injury is permanent and there is nothing the court can do to reverse it or compensate for the injury) 3. The concept that requires a party to avail themselves of the full agency adjudicatory process before requesting a court to address an agency action 4. The concept that an agency must have made its final action on a matter before court can exercise jurisdiction

1. standing 2. mootness 3. exhaustion 4. ripeness

Match the level of scrutiny the U.S. Supreme Court would likely apply in reviewing a given type of case (see lecture Week 5 "Constitutional Issues") 1.Review of a case where a Virginia mining company has challenged the federal Surface Mining Act's requirement that once mining activities cease, all farmland directly impacted by such mining be restored to its original suitability as farmland 2.Review of a case where the North Carolina legislature has passed a law called "Toxic Free NC" requiring in-state hazardous waste disposal facilities to only accept toxic waste generated in North Carolina 3.Review of a law where the North Carolina legislature has passed a law called "Fraud Free Elections" which requires only those of Hispanic origin to produce identification at the polls

1.Rational Basis 2.Strict Scrutiny 3.Strict Scrutiny

Which below may serve as a limit on agency power?

All of the Above

According to U.S. Supreme Court precendent throughout the 20th century, the Commerce Clause grants the U.S. Congress to regulate which elements of interstate commerce?

All of these

Pursuant to the Commerce Clause, the United States Congress has the power to regulate what?

All of these

Which of the following powers did the states relinquish to the federal government when they ratified the U.S. Constitution in 1789?

All of these

Which of the following situations would likely result in a plaintiff's claim being dismissed on motion of a defendant in a pre-trial hearing before the court?

All of these

According to U.S. Supreme Court jurisprudence, which of the following is not an item of commerce subject to federal regulation under the Commerce Clause?

All of these are items of commerce have been found subject to federal regulation

Which of the following is not an example of pre-trial discovery?

Amicus Brief

The legal concept supporting North Carolina General Statute 99E, which provides a general release from liability for injuries that happen to invitees on a farm provided certain notification requirements are met, is known as

Assumption of the risk

Lujan v. Defenders of Wildlife established a three (3) part test to determine whether a plaintiff has standing. Which questions below are parts 2 and 3 of this test?

Both c and d.

The _______________________________________________________ gives the federal government authority to regulate trade between states

Commerce Clause

When a defendant is subject to strict liability, plaintiff must demonstrate what?

Defendant was responsible for an ultrahazardous activity in an area not appropriate for such activity.

When a defendant is subject to strict liability, plaintiff must prove what?

Defendant was responsible for the act.

_________________________ preemption of state law is stated in a statute passed by Congress

Express

Article IV of the U.S, Constitution requires that states should respect the legal validity of laws of other states. This is known as the

Full Faith and Credit Clause

Agreements between two or more states, that are approved by Congress, are called

Interstate Compacts

An intentional tort is broadly defined as a claim for injury or loss resulting from the deliberate act of a defendant not intended to cause harm but nonetheless deliberate in its purpose (as opposed to an accidental act that causes harm). Which claim below against a defendant would likely not be considered an intentional tort?

Leaving a gate open where livestock escape.

Following its ratification, the U.S. Congress added 10 amendments (known as the Bill of Rights) to the U.S. Constitution to protect individual liberties from the power of the federal government. However, such protection did not specifically apply to the states until the passage of the Fourteenth Amendment following the American Civil War. What is the 14th Amendment's primary protection?

That no state may deny to any person within its jurisdiction the equal protect of the law.

The concept whereby a certain court opinion is considered precedent that binds subsequent and lower courts in their application of legal principle

Stare Decisis

Which clause of the U.S. Constitution resolves conflicts between Federal and State law?

Supremacy Clause

If a plaintiff can prove that defendant violated a food safety regulation, he or she may be able to establish defendant's negligence per se and relieve himself or herself of the burden of proving that defendant owed him or her a duty not to cause injury. To achieve this, what else must plaintiff demonstrate?

That the plaintiff belongs to a class of people the regulation was intended to protect.

If a plaintiff can prove that defendant violated a food safety regulation, he or she may be able to establish defendant's negligence per se and relieve himself or herself of the burden of proving that defendant owed him or her a duty not to cause injury. To achieve this, what else must plaintiff demonstrate?

That the type of injury suffered by plaintiff was a type of injury the regulation was designed to prevent.

If a party argues before a court that a state law is pre-empted by a federal statute concerning the same subject matter, and the party cannont find specific pre-emption language in the federal statute, which below is the best documentation the party present to the court to support an argument of field or conflict pre-emption?

The Congressional Record of debate concerning passage of the federal statute, where Congress expressed concern that state efforts at regulating the subject was producing inconsistent regulatory outcomes and thus confusion among participants in the marketplace

Which of the following courts would not be bound by a decision from the 4th Circuit Court of Appeals?

The Federal District Court for the District of Delaware

Consider the following: Thor, a farmer near Kinston, NC (Lenoir County) is on a state road hauling his combine back to his farm when he is rear--ended by Loki, driving a truck for a company based in Elizabeth City, NC (Pasquotank County). Thor suffers injuries and medical bills in excess of $85,000. If Thor sues the truck company, which court cannot establish jurisdiction over the case?

The Federal District Court for the Eastern District of NC

For this question please refer to the (STATUTE) North Carolina Administrative Procedures Act (also in the Reference Materials Section) Which agency below does not have a full exemption from NCAPA?

The North Carolina Department of Agriculture and Consumer Services

Governmental takings of private property, where the owner is paid fair market value for the property, are prohibited by:

The are not prohibited.

As you learned, a federal agency derives its authority to promulgate rules from the statute passed by Congress. Sometimes a rule is challenged by a party under a claim that the agency exceeded that authority. In the case of Chevron v. NRDC, 467 U.S. 837 (1984), the US Supreme Court developed a test to determine whether it would allow the rule to stand. What is the first question the court asks?

Whether statute is vague or silent as to the specific authority claimed by the agency

Continuing from the previous question, the Chevron Court prescribed a second inquiry into whether an agency should be afforded deference in its interpretation and implementation of a federal statute. The second question can be summarized as what?

Whether the agency's action was a permissible interpretation of the statute

In the opinion of Minnesota v. Clover Leaf Creamery, 449 U.S 456 (1981), the U.S. Supreme Court applied a rational basis balancing test to hold that a Minnesota law requiring all retail milk to be sold in paper cartons was not unconstitutional under the Dormant Commerce Clause. This balancing test, known as the "Pike Balancing Test," [from the opinion Pike v. Bruce Church, Inc. 357 U.S. 137 (1970)], requires a court to ask what in determining whether non-facially discriminatory state law is a protectionist violation under the Dormant Commerce Clause?

Whether the local environmental benefits outweigh the burden on interstate commerce.

Lujan v. Defenders of Wildlife established a three (3) part test to determine whether a plaintiff has standing. Which below is one of the court's questions?

Whether the plaintiff has an actual injury in fact, not a remote or hyphothetical injury

If a party - impacted by the implementation of a state law - argues in court that the state law in unconstitutional because it has been pre-empted by a federal law concerning the same subject matter, the party must overcome what?

a judicially canonical presumption that the state law is not pre-empted by the federal law

What is the standard of duty a farm operator owes an invitee to the farm?

a reasonable duty to ensure the safety of the visitor

Which is not a source of law?

a speech published in the Congressional Record

Administrative agencies act in an executive role by

all of these

By inserting a Savings Clause into a federal statute, Congress has allowed states and local governments to:

all of these

Which type of company below is regulated under the Packers and Stockyards Act of 1922?

all of these

If an equine operation seeks protection under the NCGS 99-E liability statute as it relates to equine liability, which scenario below would negate the liability protection offered by the statute?

all of these would negate a defense under 99-E if proven by the plaintiff

Continuing from the previous question, if the court finds that the agency's action was specifically prohibited by the statute, or otherwise that the agency chose to make a rule on an issue contrary to what is specifically addressed the statute, the court declares that the agency's action is

arbitrary and capricious

What must a plaintiff prove to hold a defendant liable for injury caused by an animal if the plaintiff was injured while trespassing?

both are required

Which evidence below would likely not be admissible to prove that a cow's owner is liable for injury to a motorist injured by the cow's escape?

evidence that the cow is a vicious animal

If a defendant farm is to invoke §99-E for liability protection, what must the defendant farm show the court?

evidence that the farm posted two warning signs with the statutory language warning of inherent risk

When an injury occurs on a farm, if the farm operator wishes to avail themselves of NCGS 99-E, in theory what must they show the court in order to get a release from liability? (You may refer to the statute posted in "References")

evidence that two signs of a certain size with warning language were posted in prominent places.

An animal, left in the care of a boarder or veterinarian, is considered abandoned when?

if not reclaimed within two months of the last payment of a boarding fee or vet bill

Which is not a required element to establish a common law claim of negligence?

intent to harm

Our federal, state and local governments pass laws, regulations and ordinances to protect the health and welfare of people, particularly in their interactions with one another. In general, when a person is injured by the act of another, it is up the injured party to recover their damages from the other party by proving that party's negligence in causing their injury. However, sometimes an injury is caused by a party while they are violating a statute or regulation meant to prevent such injuries. This shifts the burden of proof to the injuring party to prove they were not negligent in causing the injury. What is this concept called?

negligence per se

Under the Administrative Procedures Act, which step in the rule-making process of a Federal agency opens the period of public comment?

publication of proposed rule in the federal register

The Tenth Amendment to the U.S. Constitution to the states those powers not explicitly prohibited or otherwise granted to the federal government

reserves

North Carolina has an agritourism and livestock liability protection law, NCGS 99E, which relieves such operations from on-farm injury due to "inherent risks" assumed by the visitor. Which below is not an inherent risk defined by N.C.G.S. §99E-6(9)

risk of injury from a collision involving a motor vehicle

Normally, redress against the government is limited to injunctive relief. The Federal Tort Claims Act is an exception, and in order to award money damages, it is a waiver of

sovereign immunity

A state statute that is geographically discriminatory on its face (e.g. passed to favor in-state commercial interests at expense of those in other states), when challenged under the dormant commerce clause, will normally be subjected to "strict scrutiny" review by a federal court. To overcome the challenge, the state must prove what?

that the state has a compelling interest in the subject matter of the statute, and that the statute is narrowly tailored to achieve goals of that interest

An act of Congress that has not been codified may be found in

the U.S. Statutes at Large

The US Constitution's 10th Amendment reserves police powers to the states to protect the health and welfare of their residents. A federal law will not withstand constitutional scrutiny if it fails which three (3) part test below?

the federal law regulates the 1) state as a state (rather than private individual), 2) the federal law regulates a matter normally within the state's police power, and 3) the federal law impairs the states exercise of its normal police powers

What is not true about contract swine or poultry production? (i.e. where a farmer raises animals on contract for a processor)

the processing company finances the construction of the swine or poultry houses

For what purpose is evidence of a particular animal's reputation for viciousness admissible?

to prove that the owner had knowledge that the animal was vicious

If an aggrieved plaintiff files an action in Federal District Court claiming an agency has exceeded its statutory authority to promulgate the regulation by which he or she is adversely affected, such theory is known as .

ultra vires

The Administrative Procedures Act specifically prescribes a judicial standard of review for regulations promulgated under the formal rule-making process where a hearing has been held. When such a rule is challenged in court, the court's standard of review seeks to determine whether the agency's final regulation was . (Hint: recall that relatively rare formal rule-making involves expert testimony)

unsupported by substantial evidence