1. The author's primary purpose is to discuss
A. contrasts in the legislative approaches to environmental liability before and after World War II
Incorrect- there is no contrast discussedB. legislative trends which have been instrumental in the reduction of environmental hazardous waste
Incorrect- again no legislative trendsC. the historical and legislative context in which to view post-World War II hazardous waste problems
Correct- the passage talks about how things shaped up between 1880-1940 and how that set precedents for post World War II problemsD. early patterns of industrial abuse and pollution of the American environment
Incorrect- the passage doesnt talk about industrial abuse of AmericansE. the growth of an activist tradition in American jurisprudence
Incorrect- irrelevant2. According to the passage, judicial assessments of liability in waste disposal disputes prior to World War II were usually based on
A. excessively broad definitions of legal responsibility
Incorrect- there weren't clear definitions about liability in waste disposalB. the presence of a clear threat to the public health
Incorrect- lines were blurry as to what represents a threatC. precedents derived from well-known cases of large-scale industrial polluters
Incorrect- "dealt with problems of
industrial pollution meekly if at all" D. restricted interpretations of property rights infringements
CorrectE. trivial issues such as littering, eyesores, and other public nuisances
Incorrect- irrelevant3. With which of the following statements would the author be most likely to agree?
A. The growth of community responsibility for waste control exemplifies the tendency of government power to expand at the expense of individual rights.
Incorrect- the passage doesn't mention tendency of govt power to expand at expense of individual rightsB. Although important legal precedents for waste control were established between 1880 and 1940, today's problems will require radically new approaches.
Incorrect- the passage mentions that the advancements between 1880 and 1940 established a framework C. While early court decisions established important precedents involving environmental abuses by industry, such equally pressing matters as disposal of municipal garbage were neglected.
IncorrectD. Because environmental legislation between 1880 and 1940 was in advance of its time it failed to affect society's awareness of environmental problems.
Incorrect- no mention of environmental legislation being ahead of timeE. The historical role of U.S. courts in defining problems of hazardous waste and environmental liability provides valuable traditions for courts today
Correct-"the precedents of the
late nineteenth through the mid-twentieth century have established a framework in which the problem of hazardous waste is understood and confronted today" 4. The author mentions each of the following as pertaining to 1880-1940 America EXCEPT
A. the negligible contribution of technologists toward the problem of hazardous waste
Correct- the passage doesn't mention the negligible contribution. ", it would be grossly
inaccurate to assume that the actions of American politicians, technologists, health officials, judges, and legislators in the period 1880 -1940 have had little impact on the attempts to define environmental liability" B. the creation of precedents that would help future leaders address an environmental issue
C. the existence of regulatory tools to deal with industrial concerns
D. the forging of a link between the unsightly appearance and potential danger of industrial by-products
E. the incomplete recognition of the problems of hazardous waste