Common Law in Environmental Issues Quiz

Which of the following best describes a common law action?

• Criminal prosecution initiated by the state

• A codified statutory claim

• A civil suit seeking remedy for violation of rights

• A regulatory compliance check

Which type of environmental harm is most effectively addressed through common law?

• Global climate change

• Localized pollution

• Inter state pollution

• Gas house emission

Which of the following is NOT a recognized common law action in environmental cases?

• Trespass

• Negligence

• Strict liability

• Offences under the Penal Code

To succeed in a negligence claim, the plaintiff must prove all the following EXCEPT:

• Duty

• Breach of duty

• Criminal intent

• Causation and injury

In nuisance cases, the key legal issue is interference with the:

• Ownership of the property

• Use and enjoyment of property

• Market value of the property

• Legal title of the land

What distinguishes trespass from nuisance?

• Trespass relates to public interference; nuisance is private

• Trespass requires intentional harm; nuisance does not

• Trespass concerns possession; nuisance concerns enjoyment

• Trespass involves contracts; nuisance does not

Under strict liability, which of the following is required to establish liability?

• Proof of negligence

• Proof of criminal conduct

• Activity must be abnormally dangerous

• Consent of both parties

Under common law, criminal actions are initiated by individuals seeking compensation.

• True

• False

One of the challenges in common law environmental actions is proving the causal link between the wrongful act and the harm.

• True

• False

Nuisance is the least common cause of action in environmental litigation.

• True

• False