Question 1

The operations of Commercial Concrete, Inc., are major sources of air pollution. These operations must use

Accepted Answer

A)  the absolutely cleanest air technology.
B)  the best available filter technology.
C)  the maximum achievable control technology.
D)  the most affordable scrubbing technology.E) B) and C)
F) A) and B)

Question 2

The National Park Service hires Outdoor Play, Inc., to replace outdated playground equipment in a handful of national parks. For this action, which does not require a significant monetary commitment, an environmental impact statement is most likely

Accepted Answer

A)  prohibited because the action does not affect the environment.
B)  required because the action is "federal."
C)  unnecessary because the action is not "major."
D)  voluntary because the action does not affect the environment.E) A) and D)
F) B) and D)

Question 3

Regulations governing air pollution cover mobile and stationary sources. Those who may be subject to penalties for violations of the Clean Air Act include

Accepted Answer

A)  corporate officers who knowingly violate the act.
B)  persons who provide information about violators but otherwise fail to act.
C)  private citizens who fail to sue violators.
D)  none of the choices.E) A) and D)
F) None of the above

Question 4

A sublease releases the tenant from his or her obligations to pay under the lease.

Accepted Answer

A) True 
 B)False

Question 5

Samantha occupies a house on her mother Ruth's farm without paying rent. Either party can terminate this arrangement without notice. This is

Accepted Answer

A)  a periodic tenancy.
B)  a tenancy at sufferance.
C)  a tenancy at will.
D)  no tenancy.E) A) and B)
F) A) and D)

Question 6

A&B Storage, Inc., signs a six-month lease to occupy a warehouse. This is

Accepted Answer

A)  a periodic tenancy.
B)  a tenancy at sufferance.
C)  a tenancy at will.
D)  a fixed-term tenancy.E) A) and B)
F) All of the above

Question 7

BioChemical Disposal Corporation operates a hazardous waste storage facility. ChemCo Inc. buys BioChemical before it is discovered that the firm's disposal practices violated CERCLA. With respect to these violations, Superfund imposes on ChemCo

Accepted Answer

A)  strict liability.
B)  liability under the nuisance doctrine.
C)  liability on a negligence theory.
D)  no liability.E) All of the above
F) C) and D)

Question 8

Under the Clean Water Act, criminal penalties apply whether a violation was intentional or unintentional.

Accepted Answer

A) True 
 B)False

Question 9

​Energy Resources, Inc., operates an oil refinery near Forest River, which flows into Grove Lake. Discharging oil from the refinery into the river can result in an assessment of

Accepted Answer

A)  cleanup costs and damages.
B)  cleanup costs only.
C)  damages only.
D)  no cleanup costs or damages.E) All of the above
F) A) and D)

Question 10

Property used by a government for a public purpose such as a park is community property.

Accepted Answer

A) True 
 B)False

Question 11

Refer to Fact Pattern 24-1. The court is most likely to award Robyn damages

Accepted Answer

A)  if letting the pollution continue is equally as harmful as stopping it.
B)  if letting the pollution continue is less harmful than stopping it.
C)  if letting the pollution continue is more harmful than stopping it.
D)  under no circumstances.E) C) and D)
F) B) and D)

Question 12

Surface and subsurface rights cannot be separated.

Accepted Answer

A) True 
 B)False

Question 13

To be valid, a deed must contain a legally sufficient description of the land.

Accepted Answer

A) True 
 B)False

Question 14

Cierra rents an apartment from Damian that floods whenever there is a heavy rain. Damian refuses to fix the problem. Damian has breached

Accepted Answer

A)  the implied warranty of habitability.
B)  the covenant of quiet enjoyment.
C)  nothing.
D)  the concept of eminent domain.E) None of the above
F) All of the above

Question 15

Those who knowingly violate the Clean Air Act may be subject to criminal penalties.

Accepted Answer

A) True 
 B)False

Question 16

​Refuse Reuse & Disposal Center operates a recycling plant. Stan and other Refuse Reuse neighbors file a suit, alleging injuries from the plant. To succeed, they must show that the defendant failed to use reasonable care if the suit is based on

Accepted Answer

A)  a negligence theory.
B)  a nuisance theory.
C)  any theory.
D)  a strict liability theory.E) C) and D)
F) None of the above

Question 17

Public water systems operators must come as close as possible to meeting the Environmental Protection Agency's standards by using any available technology.

Accepted Answer

A) True 
 B)False

Question 18

Maggie uses John's garage to store her car. She does not pay rent. John decides that he needs the garage for his own car. To terminate this tenancy at will, John

Accepted Answer

A)  must give Maggie at least one week's notice.
B)  must give Maggie at least two week's notice.
C)  must give Maggie a reasonable amount of time to find a new place to park her car.
D)  need not give Maggie any notice.E) B) and D)
F) B) and C)

Question 19

A license is a right to go onto land owned by another and take away some part of the land itself or some product of the land.

Accepted Answer

A) True 
 B)False

Question 20

A fixed-term tenancy is created when property is leased for a specified period of time.

Accepted Answer

A) True 
 B)False

Exam 24: Real Property and Environmental Law

Surface and subsurface rights cannot be separated.

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A fixed-term tenancy is created when property is leased for a specified period of time.

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A sublease releases the tenant from his or her obligations to pay under the lease.

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To be valid, a deed must contain a legally sufficient description of the land.

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Under the Clean Water Act, criminal penalties apply whether a violation was intentional or unintentional.

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Property used by a government for a public purpose such as a park is community property.

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Regulations governing air pollution cover mobile and stationary sources. Those who may be subject to penalties for violations of the Clean Air Act include

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Those who knowingly violate the Clean Air Act may be subject to criminal penalties.

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Samantha occupies a house on her mother Ruth's farm without paying rent. Either party can terminate this arrangement without notice. This is

Correct AnswerverifiedShow Answer

Maggie uses John's garage to store her car. She does not pay rent. John decides that he needs the garage for his own car. To terminate this tenancy at will, John

Correct AnswerverifiedShow Answer

Public water systems operators must come as close as possible to meeting the Environmental Protection Agency's standards by using any available technology.

Correct AnswerverifiedShow Answer

The operations of Commercial Concrete, Inc., are major sources of air pollution. These operations must use

Correct AnswerverifiedShow Answer

A license is a right to go onto land owned by another and take away some part of the land itself or some product of the land.

Correct AnswerverifiedShow Answer

​Refuse Reuse & Disposal Center operates a recycling plant. Stan and other Refuse Reuse neighbors file a suit, alleging injuries from the plant. To succeed, they must show that the defendant failed to use reasonable care if the suit is based on

Correct AnswerverifiedShow Answer

Refer to Fact Pattern 24-1. The court is most likely to award Robyn damages

Correct AnswerverifiedShow Answer

Cierra rents an apartment from Damian that floods whenever there is a heavy rain. Damian refuses to fix the problem. Damian has breached

Correct AnswerverifiedShow Answer

​Energy Resources, Inc., operates an oil refinery near Forest River, which flows into Grove Lake. Discharging oil from the refinery into the river can result in an assessment of

Correct AnswerverifiedShow Answer

A&B Storage, Inc., signs a six-month lease to occupy a warehouse. This is

Correct AnswerverifiedShow Answer

The National Park Service hires Outdoor Play, Inc., to replace outdated playground equipment in a handful of national parks. For this action, which does not require a significant monetary commitment, an environmental impact statement is most likely

Correct AnswerverifiedShow Answer

BioChemical Disposal Corporation operates a hazardous waste storage facility. ChemCo Inc. buys BioChemical before it is discovered that the firm's disposal practices violated CERCLA. With respect to these violations, Superfund imposes on ChemCo

Correct AnswerverifiedShow Answer

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Refuse Reuse & Disposal Center operates a recycling plant. Stan and other Refuse Reuse neighbors file a suit, alleging injuries from the plant. To succeed, they must show that the defendant failed to use reasonable care if the suit is based on

Correct Answer
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Energy Resources, Inc., operates an oil refinery near Forest River, which flows into Grove Lake. Discharging oil from the refinery into the river can result in an assessment of

Correct Answer
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