Which of the following best describes the overall scheme of pollution regulation

Question

Which of the following best describes the overall scheme of pollution regulation in the United States?

a. Exclusively federal law.
b. Exclusively state law with minimal federal oversight.
c. Exclusively state law, but with considerable federal oversight.
d. Primarily federal law, but considerable state law as well.

Which of the following is a false statement?

a. The breach of duty element in the test for negligence liability in the U.S. is governed predominantly by the reasonable person standard.
b. The doctrine of res ipsa loquitur can apply if an event causing the harm normally does not occur in the absence of negligence.
c. A battery occurs only if the victim suffers actual serious physical harm, that is, the victim is “battered.”
d. One may be able to recover damages for emotional distress in a tort lawsuit for negligence.

Explanation / Answer

First Answer is D. Technically, there are federal guidelines and regulations. States can have more stringent measures but they cannot have more lax regulations than set by federal law. In practice, most states simply comply with the minimum regulation that the Federal government dictates. Second answer is C. Even an unwanted slap to the face can be considered battery, even though no reasonable harm can come from it.

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