Instructions

Waters that are not considered WOTUS areregulated by whom? O a. state legislatures by statute b. state courts using common law public trust doctrine O c. a combination of both

Assume that North Carolina subscribes to a negligence theory of liability for crop damage caused by pesticide drift.Assume that Farmer A sprays his crop and drift causes damage to Farmer B. Normally, Farmer B has the burden of pro that A was negligent in causing damage to B's crop. Drawing on your knowledge of common might the burden of proof shift to A to prove that he was not negligent? O a. B can establish that A applied the chemical an hour before the earliest daytime allowed application specified on the pesticide label O b. B can establish that the wind was blowing in his direction on the day of application O c. B can prove that the pest A was targeting has been eradicated from the area

When might a farm operator be liable for damage to a neighbor's crop caused by the mistake of an aerial applicator? a. The farmer is never liable O b. The farmer failed to ensure that the applicator had a current applicator's license O c. The farmer was carrying more insurance than the applicator

The primary authorization source of federal funding for farm conservation incentive programs is what? O a. The Farm Bill b. Surplus Federal Emergency Management Agency disaster funds c. Corporate excise tax on toxic substance manufacture

Under the Internal Revenue Code, landowners may receive a tax deduction equal to the donative value of a conservati easement (i.e. the portion for which they are not paid in cash)Which feature of a conservation easement qualifies such for a tax deduction? a. duration in perpetuity O b. reduction in the land value by over 50% O c. the tract is aesthetically pleasing O d. the cash portion of the conservation easement value must exceed 50%

What is the gist of Chief Justice Mitchell's concurring opinion? a. that because the Court of Appeals was correct in its holding and should have been affirmed O b. that the Court of Appeals was incorrect in upholding the trial court's dismissal of defendant's complaint O c. that the whole exercise of reviewing past cases concerning the visitor status distinction was unnecessary

The name of the agency with exclusive responsibility for developing regulations for pesticide manufacture and use is what? a. The Environmental Protection Agency O b. The Food and Drug Administration O c. The North Carolina Department of Environmental Quality O d. The North Carolina State Pesticide Board

is a restriction on land use, designed to protect unique,geological, biological or other features, that may be either for a fixed term or have no termination (i.e. are perpetual)A(n) O a. easement appurtanent O b. general easement O c. zoning restriction O d. conservation easement

From the case, match the legal standard of care a landowner owed a visitor to his/her land according to the "old"trichotomy (i.e. the common law rule prior to this case) a landowner must refrain from willful injury and from wantonly and recklessly exposing the visitor to danger a landowner need only refrain from the willful or wanton infliction of injury to the visitor landowner owes a duty to the visitor to use ordinary care to keep his property reasonably safe and towarn of hidden perils or unsafe conditions that could be discovered by reasonable inspection andsupervision.

Potential compensation to a landowner for a sale of a conservation easement is measured how? O a. The value of the land as appraised by the county tax office less the value of standing timber O b. The difference between a qualified appraiser's opinion of the "highest and best use" value of a tract of land and theoretical value under restrictions imposed by the proposed conservation easement O c. The value a real estate agent believes he or she can list a tract of land if it is restricted by a conservation ease O d. A land trust's calculation of the emotional value a landowner attributes to keeping the land undeveloped