Question 1

Misdemeanors under the FDCA are generally strict liability offenses, but in felony prosecutions the government must usually prove the defendant's ________.

Accepted Answer

The answer of Misdemeanors under the FDCA are generally strict...

Question 2

In United States v.Hayes International Corp., the U.S.Court of Appeals for the 11th Circuit affirmed a conviction for unlawfully transporting hazardous waste materials to an unpermitted facility and ruled that ______________________________________ was a defense.

Accepted Answer

The court ruled that neither a lack of knowledge that paint waste was a hazardous material nor ignorance of the permit requirement was a defense, indicating that the defendant was aware of both the hazardous nature of the waste and the permitting requirements.

Question 3

By the early 1900s municipalities perceived the need for ______ to control nuisances and to regulate land use.

Accepted Answer

The answer of By the early 1900s municipalities perceived the...

Question 4

Crimes defined by public health frequently contemplate a low level of intent, frequently imposing a standard of ___________.

Accepted Answer

The answer of Crimes defined by public health frequently contemplate...

Question 5

At the federal level, the _____________________ coordinates national efforts to reduce environmental risks and enforce federal laws protecting public health and the natural environment.

Accepted Answer

The answer of At the federal level, the _____________________ coordinates...

Question 6

Some critics of strict liability criminal offenses would argue that public health and environmental offenses should at least be based on a _______ standard, if not on criminal intent.

Accepted Answer

The answer of Some critics of strict liability criminal offenses...

Question 7

The federal _______________ Act defines adulterated food, sets standards for determining whether drugs and devices are adulterated, and defines misbranding by wrong or misleading labels and packaging.

Accepted Answer

The answer of The federal _______________ Act defines adulterated food,...

Question 8

The authority of government to enact laws to protect the public health is a basic function of the ______ power of the state.

Accepted Answer

The answer of The authority of government to enact laws...

Question 9

The ____________________ authorizes the Environmental Protection Agency to prohibit the manufacture, distribution, or use of chemical substances that present an unreasonable risk of injury to health or the environment.

Accepted Answer

The Toxic Substances Control Act authorizes the Environmental Protection Agency (EPA) to regulate chemical substances that pose a risk to health or the environment. It gives the EPA the authority to require reporting, record-keeping, testing, and restrictions on certain chemicals. It also allows the EPA to ban or phase out chemicals that are found to present an unreasonable risk of injury to health or the environment. The Rivers and Harbors Act pertains to water pollution, the Safe Landfills Act regulates hazardous waste disposal, and the Endangered Species Act protects endangered species and their habitats.

Question 10

Although enforcement of national environmental laws is accomplished largely through regulatory agencies, Congress and state legislatures have also imposed __________ sanctions to enforce standards and deter violators.

Accepted Answer

The answer of Although enforcement of national environmental laws is...

Question 11

In 1943, the Supreme Court in United States v.Dotterweich, recognized the concept of a ____________________ being liable for violations of food, drug, and cosmetic standards.

Accepted Answer

The answer of In 1943, the Supreme Court in United...

Question 12

Under most food and drug laws, criminal liability for a misdemeanor offense can attach ________________.

Accepted Answer

Under most food and drug laws, criminal liability for a misdemeanor offense can attach without the necessity to prove the defendant's intent to violate the law. Misdemeanor offenses are generally considered "strict liability" offenses, which means that a defendant can be convicted even if they did not intend to break the law.

Question 13

States criminalize offenses against public health and the environment through their police powers; the __________ Clause in the U.S.Constitution has been interpreted to grant similar authority to the federal government.

Accepted Answer

The answer of States criminalize offenses against public health and...

Question 14

The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) imposes criminal responsibility on a corporate officer even of relatively low rank who acts __________________ and is "in a position to detect, prevent, and abate a release of hazardous substances."

Accepted Answer

The answer of The Comprehensive Environmental Response, Compensation, and Liability...

Question 15

Planning and zoning ordinances are usually enforced through ___________ action; however, many also classify violations as strict liability misdemeanors.

Accepted Answer

The answer of Planning and zoning ordinances are usually enforced...

Question 16

The __________ Act sets federal standards to enhance the quality of the air and provides criminal sanctions for violations.

Accepted Answer

The answer of The __________ Act sets federal standards to...

Question 17

The __________ Act provides criminal penalties for those who knowingly or willfully distribute products that fail to comply with specified noise levels.

Accepted Answer

The answer of The __________ Act provides criminal penalties for...

Question 18

In United States v.Billie, the defendant was charged with killing a Florida panther, an endangered species.He argued that the prosecution had to prove his specific intent; that is, that he knew the animal he shot was a Florida panther, as opposed to a species of panther not on the list of endangered species.The U.S.District Court rejected his argument and held that the government "need prove only that the defendant acted with _______________ when he shot the animal in question."

Accepted Answer

The court held that the government only needed to prove general intent, meaning the defendant intended to perform the act that led to the killing, not that he specifically intended to kill an endangered species.

Question 19

Congress first enacted legislation to prevent the importation of adulterated ______ in 1848.

Accepted Answer

The answer of Congress first enacted legislation to prevent the...

Question 20

The federal government's effort to preserve threatened species of wildlife by protecting their habitat is embodied in the ____________ Act.

Accepted Answer

The answer of The federal government's effort to preserve threatened...

Quiz 11: Offenses Against Public Health and the Environment