Reference no: EM132197553

Multiple Choice: Select the best answer for each question. Indicate your answer in a consistent manner. I recommend using the ‘Text Highlight Color' function in Word (usually a yellow underline button on top left menu under the Home tab). (2 points each)

1. Before the Endangered Species Act (hereinafter ESA) what kinds of animals received federal protection?
a. Industrial species
b. Game species
c. Charismatic megafauna
d. None of the above
e. All of the above

2. Prior to the ESA the federal government was thought to lack any constitutional power to protect any species.

True

False

3. Give an example of an animal protected prior to the ESA for purposes of preserving the U.S.'s heritage.

4. Petersen argues that the ESA was proposed in the early 1970s because of
a. Ecological science
b. The environmental movement
c. Aesthetic reasons
d. All of the above
e. None of the above

5. In 1973 the ESA was enacted by just barely passing both houses of Congress.

True

False

6. The Tellico Dam was eventually built.

True

False

7. It was eventually discovered that the snail darter lived in other locations than the Tellico site.

True

False

8. The Endangered Species Committee is also known colloquially as
a. The Mod Squad
b. The God Squad
c. The Avengers
d. The Inquisition

9. What does Petersen mean by the term "charismatic megafauna"?
a. Small animals important forinternational symbolic purposes
b. Animals representing America's national heritage
c. Large animals that scientists agree are important for biodiversity
d. None of the above

10. The congressional debates over the ESA centered primarily on
a. Concerns regarding biodiversity
b. The "takings" provisions
c. Concerns regarding federalism
d. The ability to de-list an animal no longer endangered

11. Traditionally,prior to the ESA what level of government had provided protection for wild animals?

12. Petersen notes that Progressives in the early 20th century usually sought to preserve wild animals for what purposes?
a. Hunting and commercial purposes
b. Aesthetic reasons
c. Concern for the wellbeing of wildlife
d. To maintain biodiversity

13. In 1978, the Endangered Species Committee voted to allow the Tellico Dam to proceed.

True

False

14. In 1979, Congress enacted (and President Carter signed) a law
a. Permanently halting construction on the Tellico Dam
b. Relocating the snail darter to multiple locations in the U.S. and Canada
c. Exempting the Tellico Dam project from the ESA
d. Banning the Fish & Wildlife Service from any further work on the ESA

15. What are private citizens able to do under the ESA?
a. Force Congress to review the Act for relevance
b. File lawsuits seeking enforcement of the Act
c. Create regulatory exceptions to the Act
d. Nothing

16. During the medieval period, animals were usually denied inclusion in theories of justice because
a. The ancient, secular philosophers did not think animals had souls
b. Animals were thought to lack rationality or souls
c. Animals were includein justice in the medieval period
d. None of the above

17. Define "speciesism".

18. In general, utilitarianism
a. Values political minorities over majorities
b. Values animals over humans
c. Values the interests of the many over the interests of the few
d. None of the above

19. Animal sacrifice is illegal under federal law.

True

False

20. A theory of animal justice based on sentience allows for inclusion of all living organisms on the planet.

True

False

21. People join animal rights groups because
a. They have been shocked by the treatment of animals
b. They wish to obtain financial benefits and a steady job
c. They are ideologically committed to protecting animals
d. All of the above
e. None of the above

22. In the Texas case Strickland v. Medlen, the court used which of the following to justify its decision:
a. Common law precedent
b. A fear of elevating animal-human relations above other human-human relations
c. A fear that animal service providers would be put out of business if liability were expanded
d. A fear of what kinds of human-animal relations would be covered by expanded liability
e. All of the above

23. In TVA v. Hill, the Court held that a court must engage in a balancing test to determine the "equities" as to whether an injunction will be issued in an ESA case.

True

False

24. In the 19th century, which was NOT among the reasons for preserving wild animals:
a. Sport hunting
b. Economic development
c. Biodiversity
d. Heritage

25. What was the "Blackstonian view" of property, according to Tannenbaum?
a. Something over which a person has absolute and despotic dominion.
b. Something over which the state retains specified rights and the person is limited in what acts that can take with the property.
c. Something over which the state has absolute and despotic dominion.
d. Something over which a person has obligations to others in terms of use and enjoyment of the thing.

26. What was the medieval English common law definition of "domestic animal"?
a. An animal that held sentimental value for humans, but only marginal market value.
b. An animal that held economic usefulness for humans.
c. An animal that did not display aggressiveness toward humans.
d. An animal involved in agricultural production.

27. In the modern United States, who retains ownership over wild animals?

28. Anti-cruelty laws provide no protection for animals.

True

False

29. The Non-human Rights Project argues that
a. Humans and animals are distinct and therefore have no common rights claims
b. Humans and animals are so similar that animals should have rights recognized by courts
c. Animals have the ability to suffer and therefore should be protected under cruelty statutes
d. None of the above

30. The court in Strickland v. Medlen holds all of the following, except:
a. Animals are property
b. Animal owners can recover for the emotional trauma suffered by the animal's demise at the hands of another
c. The proper measure for an animal's value is the market value
d. Human-animal relationships are on par with human-human relationships

31. Under the Constitution, in order to have _______________________ a person must suffer an injury and the courts must be able to produce some type of redress of the injury.

32. Schrengohst'sview of animals is best summarized as:
a. Aristotelian views of animals
b. Utilitarian views of animals
c. A preservationist view of animals
d. A conservationist view of animals

33. Animal protection groups in America first formed:
a. In the colonial period
b. In the late 18th century
c. In the post-Civil War 19th century
d. In the mid-20th century

34. The ultimate problem with the Hialeah, Florida ordinances was:
a. They inhibited the free speech rights of the petitioners
b. They restricted the religious practices of the petitioners
c. They restricted the religious beliefs of the petitioners
d. None of the above

35. The case of Employment Div. (Oregon) v. Smith held:
a. Generally applicable laws prevail unless they exert an undue burden on religious practices
b. Generally applicable laws prevail unless the petitioner has a compelling interest in religious belief
c. Generally applicable laws prevail even if they inadvertently burden religious practices
d. Generally applicable laws will be held unconstitutional if they restrict religiously motivated practices and the government lacks a compelling interest

36. In response to the Smith case, Congress enacted:
a. The Animal Welfare Act
b. The Endangered Species Act
c. The Religious Freedom Restoration Act
d. Congress did not respond to the Smith case

37. In the Church of the Lukumi case, the SCOTUS held:
a. The ordinances were constitutional since the government had a compelling interest and used the least restrictive means to achieve it
b. The ordinances were unconstitutional because they specifically targeted religious practices
c. The ordinances were constitutional because they were generally applicable laws
d. The ordinances were unconstitutional because, although generally applicable, the government lacked a compelling interest

38. In the trial court's ruling on the Church of the Lukumi case, all of the following bases were part of the reasoning, except:
a. The ordinances protected the health of the community
b. The ordinances regulated belief rather than practices
c. The ordinances protected children from adverse psychological of watching animals killed
d. The ordinances sought to prevent cruelty to animals

Short Essay: Use complete sentences; if I cannot read it, I cannot grade it.Give reasons for each answer, citing assigned course materials when applicable.(5points each)

1. After the snail darter controversy was over, how did the Fish & Wildlife Service react to further petitions for ESA listing and why?

2. What is Tannenbaum's argument in favor of cruelty laws? What evidence does he use?

Essay:Use complete sentences and separate paragraphs.Give reasons for each answer, citing assigned course materials when applicable. (10 points)

1. The Great Southern Snozzwrangler lives in at least two places in the state of North Carolina. There is a new housing development that is being planned on private land in the state, which sits on one of the knownsnozzwrangler nesting areas.

An activist group called "Save the Snozz!" is concerned about the animal's plight. What actions, if any, can this group take to help the snozzwrangler?

What would the property owner argue? Who would likely be successful? Why or why not? Cite course sources in your answer.