Question: 1. What is the difference between common law and statutory law? 2. Classify the following laws as substantive or procedural: FULLY EXPLAIN YOUR ANSWERS. A

1. "What is the difference between common law and statutory law?"

2. "Classify the following laws as substantive or procedural: FULLY EXPLAIN YOUR ANSWERS.

  1. A law that requires public schools to hold a hearing before a student is expelled.
  2. A law that establishes a maximum interest rate for credit transactions at 24 percent.
  3. A law that provides employee leave for the birth or adoption of a child for up to 12 weeks.
  4. A law that requires the county assessor to send four notices of taxes due and owing before a lien can be filed (attached) to the property.

3. The Endangered Species Act (ESA) charges the National Marine Fisheries Service (a federal agency) with the duty to ensure that any proposed action by the Council does not jeopardize any threatened or endangered species. The Steller sea lion is on the list of endangered species. The agency developed a North Pacific marine fishery plan that permitted significant harvest of fish by commercial fisheries in the area. Greenpeace, an environmental group, challenged the agency on the grounds that the plan was not based on a sufficient number of biological studies on the impact of the allowed fishing on the Steller sea lion. Greenpeaces biologic opinion con- cluded that the fishery plan would reduce the level of food for the sea lions by about 40 percent to 60 percent, if the juvenile fish were not counted in that figure. Greenpeaces expert maintained that counting juvenile fish was misleading because they were not capable of reproducing and the government agencys figure was, as a result, much lower at 22 percent. What would Greenpeace need to show to be suc- cessful in challenging the agencys fishery plan? [Greenpeace, American Oceans Campaign v. National Marine Fisheries Service, 237 F. Supp. 2d 1181 (W.D. Wash.)]

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