Professional Documents
Culture Documents
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QUESTIONS
True or False
2. If a person receives a summons and complaint, but fails to appear for hearings or
trial, the court may still have jurisdiction over that person and could render a
decision affecting his or her rights.
5. The attorney-client privilege is designed to encourage the client to tell the truth to
his attorney.
6. One of the common criticisms of the adversary system is that it unfairly benefits
the wealthier party.
9. A right of removal allows the defendant to move a case from the state court
system in which it's filed to a federal court system.
10. Federal judges are appointed, while most state judges are elected.
Multiple Choice
1. Which of the following is not considered one of the threshold issues that must be
met before one can bring a lawsuit?
a. standing.
b. ripeness.
c. case or controversy.
d. none of the above (all must be present).
4. Standing
5. The federal district court and the court of common pleas have concurrent
jurisdiction over
6. Federal judges
a. are appointed by the president with the advice and consent of the Senate.
b. are allowed to serve for life, assuming "good behavior."
c. are elected.
d. both a and b.
9. If a defendant wants to sue a plaintiff, then the defendant should also file a(n)
_____ with the answer.
a. counterclaim.
b. information.
c. either a or b.
d. none of the above. He must wait until the plaintiff's case has been
Environmental Law 8th Edition Kubasek Test Bank
decided.
Answers to the critical thinking questions regarding “Does a Turtle Have More
Rights Than a Human?”
The author concludes that the Supreme Court ruling was correct: property owners should
have the right to bring suits against overzealous regulation. Why should property owners have
the right to bring suits? She offers two reasons for her conclusion. First, property owners are
economically harmed by over-regulation. If they are harmed, they should have the right to bring
a suit. Second, the author suggests that if a turtle or inanimate object has the right to bring a
suit, any human should also be able to bring a suit because a human’s rights are more
important than an animal’s or inanimate object’s right.
The author seems to value security, in the sense that she wants property rights protected
above almost anything else. Furthermore, if a person is harmed, she believes they should have
the right to bring a suit in response to that harm. She wants to be sure that property rights will
be protected. Thus, she argues that property owners should be allowed to bring suit against
overzealous regulation.
3. Which ethical norm seems to conflict with the author’s preferred ethical norm?
Justice seems to conflict with security because the author wants to give preference to
humans over animals. Perhaps animals and humans should have equal protection rights under
the law. If justice is defined as equal protection under the law, the animals are not receiving
justice. If the reader valued justice over security, he or she would probably disagree with the
author’s reasoning.
On the following day we visited the cathedral, and walked over the
town; the former is an ancient building, standing upon very high
ground, but which by its commanding view, I am informed, fully
repays the trouble of ascent.
The road to Vevay throughout lies by the side of the lake, and is so
narrow, being bounded by a wall on each side, that it is impossible
that two carriages could pass each other. The sides of the mountains
that bound the road on the left, and which are so steep as to appear
inaccessible, are richly clothed with vineyards, artfully formed into
terraces, rising in tiers, one above the other. These terraces are
formed by strong and high stone walls, which preserve the soil from
shelving down, and are ascended by flights of steps. The vineyards
thus formed, are exposed to frequent injuries, and often to utter
destruction, by the rapid impulse of the mountain torrents
descending from above, and which occasionally sweep away wall,
terrace, and vines, in one indiscriminate ruin. These natural
visitations are, however, borne by the Swiss peasant with
resignation; and notwithstanding he may have lost the whole harvest
of his hopes, he immediately applies himself, to repair the injury,
burying the past in the anticipation of the future.
After spending a very happy day, we were obliged, but with the
greatest regret, to leave our kind friend at an early hour, as we had
to prepare for our intended departure from Lausanne early on the
following morning.
The country between Soleure and Basle is very hilly, and regarded
as beautiful beyond description. We slept at a village five leagues
from Basle, at which place we arrived about noon on the following
day.
In the evening, after securing our places, we walked into the public
gardens, from whence a balloon was sent off, and which was
constructed in the shape of a wine cask, with a Bacchus astride it.
This was succeeded by a display of fire-works, with music and
dancing.
CHAP. XXVIII.
STRASBURG TO COBLENTZ.
The whole of the next day was alternately fine and showery. When
we had travelled two leagues from Landau, the spring of the carriage
broke down, and detained us two hours. We noticed that the wife of
the blacksmith, who repaired it, assisted her husband throughout the
process, and appeared even the more dexterous of the two. On
entering Gemmingen, however, their work gave way, and we were in
consequence detained two hours longer; even this afterwards broke
out again, but fortunately just as we reached the end of our journey.
These delays were mortifying enough, as we did not reach Spire
until three in the afternoon, instead of nine o’clock in the morning, as
we had expected.
About two leagues beyond this place, there is a bridge over the
Rhine, leading to the beautiful town of Manheim, situated on the
opposite bank of the river. After this we passed through Oppenheim,
Worms and Inheim, dining at the latter, and then proceeding to
Mayence, where we arrived about five o’clock, and took up our
quarters at the Three Crowns, an excellent inn, to which we had
been recommended by our French friend, who had left us at Spire,
under a promise of rejoining us here. He shortly afterwards came in
and informed us, that besides arranging his own business, he had
ascertained that a large boat sets out for Coblentz every morning at
six o’clock, the fare in which was six francs, with an additional trifle
for the luggage; this vessel, after stopping to dine at Bingen, arrives
at Coblentz, a distance of eighteen leagues, between six and nine
o’clock in the evening, according to the state of the wind; for sails are
made use of whenever the latter is favourable. In consequence of
this report, we determined to secure our passage for the morrow.
While dining at Bingen, twenty miles below Mentz, the grand duke
Nicholas of Russia passed through, on his way from the baths of
Emms, to visit the duke of Nassau, whose castle is situated on the
right banks of the Rhine, about four miles below Mentz.
The professor’s wife, and their son, were also of the party; the
latter was a handsome lad of fifteen, who sat in the cabriolet, and
occupied himself in smoking a pipe nearly half as long as himself.
We expressed our surprise at his being allowed to indulge himself in
this manner, but his mother stated that he had entered the college,
and therefore was of the age when it was customary to commence
inhaling the fumes of this deleterious herb.
But the ladies of Holland are too much used to this custom, to find
it disagreeable; not only habit, but an opinion of its utility, tends to
reconcile them to it. If it possesses any quality in destroying
contagion, I am disposed to imagine that this must depend upon the
stronger poison subduing the weaker, like Aaron’s serpent
swallowing up the rest.
This city is celebrated for having been the first to shake off the
galling yoke of Spain in the year 1579. It was here that the seven
provinces formed their alliance, under the counsels of William, prince
of Orange, in a conference known as the treaty of Utrecht.
We heard them very merry in the fore cabin, but had the one we
occupied to ourselves until about noon, when two elderly Dutch
ladies, who were conversant in French, joined us, and proved
agreeable companions, although they were negative characters.
The Emperor Alexander visited this spot in the year 1813, and left
two Latin inscriptions on marble, commemorative of the event.
After this, we walked about the village, visited the church, and
returned to Amsterdam for a late dinner, highly gratified with our
day’s excursion.
We devoted the greater part of the next day to examining the city
of Amsterdam, which is so intersected with streets, canals, and
bridges, bearing a strong similarity to each other, that it is not an
easy matter to gain an accurate knowledge of it. It takes its name
from the river Amstel, and Dam, signifying a mound, raised to
prevent this river from overflowing the surrounding country. The city
is principally built upon piles, driven into the morass to form a solid
foundation, and of which it is said, that no less than thirteen
thousand are fixed under the Stadt-house alone. We visited the
Exchange, one of the finest buildings of the kind in Europe. After
this, we entered a Jew’s synagogue, the noisy and discordant
devotion of which, soon tired us, so that we were glad to take our
departure, particularly as we had no expectation of being permitted
to bid for the key of the sanctum sanctorum. We regretted this day,
parting from our new and agreeable acquaintance, Mr. W⸺ and
his family, who left us for Utrecht.
I shall not attempt to enter into any particular description of the city
of Amsterdam, but merely observe, that I was forcibly impressed with
an idea of its similarity to Venice; both are situated on marshy
grounds, in the immediate vicinity of the sea, and intersected by
canals, which divide them into innumerable small islands; but the
farther parallel is certainly in favour of the latter; for although Pope
tells us, that
yet I think the natural salubrity of its climate, as well as the general
superiority of its buildings, and more extensive display of specimens
of the fine arts, would prove greater attractions in the eyes of the
stranger. With respect to the point of salubrity, the canals of Venice
are more uniformly covered with water than those of Amsterdam,
which offer a surface of mud, and hence fewer noxious exhalations
are here generated; not that I am ignorant that Venice is far from
being a healthy summer residence, in consequence of injurious
miasmata, raised from its very foundations, by the intensity of the
solar ray.
It is true, that the above custom also suits the calculating notions
of the Dutch. I am on this point forcibly reminded of the observation
of a solitary and smoking Dutchman, when Dr. Moore had
expressed, through the medium of an interpreter, his regret at being
unable to converse with him, in consequence of his ignorance of the
Dutch language; and which was to this effect: “They ought to console
themselves for the accident of not understanding each other; for as
they had no connexions, or dealings in trade together, their
conversing could not possibly answer any useful purpose.”
The first book which Coster brought out, and his original types, are
preserved in the Stadt-house for the inspection of the curious; we
had not, however, time to examine them, nor even to hear the
celebrated organ of this city, for we did not arrive on the day before
until after evening service had concluded; and to hear it at any other
time, is a gratification which must be handsomely paid for.
Both this town and Haarlem are famous for the long sieges they
supported against the Spaniards, under Frederic, son of the duke of
Alva, in the year 1573.
I should have felt pleasure in staying longer at this place, but that I
was desirous of getting to Brussels without delay. I therefore, in
company with Mr. T—, one of the English gentlemen, the other
staying behind with his lady, set off by the barge to the Hague. In our
way, we passed the village of Leysendam, which we walked through
to another barge, on the right of which is Catwick, where the last
branch of the Rhine, which retains its original name, loses itself in
the sands. At eight o’clock in the evening we reached the Hague,
after a journey of three hours, and took up our quarters at the hotel
of Marshal Turenne.