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Agriculture Law > Final Exam > Flashcards

Final Exam Flashcards

1
Q

T/F: Although most state anti-cruelty statutes exclude or exempt farm animals from their protections, states often prosecute livestock owners for acts of gross negligence.

A

True

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2
Q

T/F: Animal agriculture is a very consolidated industry where only a handful of companies control the overwhelming majority of production.

A

True

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3
Q

Which of the following best defines vertical integration in industrial animal agriculture?
A) A system by which producers can expand their existing operations to include additional components such as processing or feed production.
B) An expedited method for producing livestock animals in the US.
C) None of the above.
D) One company owns or has control over nearly every step of the production process.

A

D

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4
Q

What percent of animals slaughtered in the US are raised and processed in the modern industrial agriculture system?
A) 99.5 %
B) 5 %
C) 95 %
D) 9.5 %

A

C

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5
Q

Which of the following best defines accepted agricultural practices and their role in livestock production?
A) A set of industry-derived standards reflecting the practices that the industry deems humane and acceptable.
B) A set of regulations provided by the USDA regarding the methods that can be used during the transport and slaughter of livestock animals.
C) None of the above
D) A set of guidelines derived by a third-party auditing company to provide consumers with assurance regarding animal welfare methods.

A

A

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6
Q

Does Arkansas have a gag law?

A

Yes

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7
Q

How many states currently have ag gag laws in place?

A

8

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8
Q

Which of the following best defines the ballot initiative process?
A) A system that reallocates voting rights among laypersons and agricultural producers.
B) A system by which voters in one state can overturn laws in another state that put an unreasonable burden on interstate commerce.
C) A system that allows state residents to put laws to a general vote provided they obtain a minimum number of petition signatures.
D) A legislative effort to obtain voter feedback on a proposed measure.

A

C

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9
Q

Which of the following best describes California’s Prop 2?
A) A ballot measure setting minimum space requirements for three different species of livestock animals.
B) A rule issued by the California Department of Agriculture to clarify the minimum space requirements that egg-laying hens must receive.
C) A newly-enacted bill prohibiting the in-state sale of certain egg products that were not produced in accordance with state confinement laws.
D) A law that sets clear, specific, minimum space requirements for commercial egg-laying hens.

A

A

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10
Q

Which of the following is not one of the four states that have banned the use of battery cages, gestation crates, and veal crates through a state ballot initiative?
A) Ohio
B) California
C) North Carolina
D) Massachusetts

A

C

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11
Q

Which was the first state to use the ballot initiative process to enact a farm animal welfare law involving confinement?
A) None of these
B) Florida
C) California
D) Massachusetts

A

B

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12
Q

Which of the following best describes the 28-hour law?
A) Livestock animals intended for interstate sale cannot be transported longer than 28 hours.
B) Livestock animals transported for 28 hours or more must be given an opportunity to water, eat, and rest.
C) Livestock animals transported for 28 hours or more must be given an opportunity to water, eat, and rest, subject to some exceptions.
D) Slaughterhouses must process all livestock animals within 28 hours of arrival if the products are to be sold in interstate commerce.

A

C

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13
Q

Which of the following is not one of the approved methods of slaughter under the HMSA?
A) Bleeding
B) Gun/Rifle
C) Captive Bolt
D) Electrocution

A

A

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14
Q

T/F: A sublease is a situation in which the tenant transfers all of her rights under the lease agreement to another party.

A

False

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15
Q

Which of the following best describes The Homestead Act?
A) A statute that provides the government with the power to take private property for urban revitalization projects.
B) A statute that offered people tracts of land in exchange for an agreement to settle and farm the tract.
C) A statute that protects existing farmers who also live on their farms from nuisance lawsuits.
D) A doctrine of Arkansas’ equitable distribution approach to divorce that provides a mother with the right to live

A

B

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16
Q

According to the 2012 US Census of Agriculture, what is the average age of a principal operator?
A) 58
B) 56
C) 68
D) 57

A

A

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17
Q

What percent of US farmland is leased?

A

40%

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18
Q

When it comes to the length of a lease, there are 4 main types of tenancies. Which of the following is not one of them?
A) Tenancy at equity
B) Tenancy at will
C) Periodic
D) Term of years

A

A

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19
Q

According to the statute of frauds, an agreement must be in writing when:
A) It is not capable of being performed in under one year.
B) It cannot ever be performed in under one year.
C) It involves a rental lease for longer than one year.
D) It is not capable of being performed in under one year or it involves a contract for the sale of goods more than $500.

A

D

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20
Q

What percent of farmland lease landlords are non-operator landowners?

A

87%

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21
Q

Which of the following is not a legal requirement for a contract to be valid?
A) Offer
B) Written Terms
C) Consideration
D) Acceptance

A

B

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22
Q

Which of the following is not a generally recognized affirmative defense to liability?
A) Contributory Negligence
B) Exceeding the Scope of Invitation or Permission
C) Assumption of Risk
D) Insufficiently Serious Injury

A

D

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23
Q

T/F: When it comes to the duty of care that a property owner owes to guests, the level of care and safety they must provide depends on the reason that the guest is on the property.

A

True

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24
Q

T/F: An employer is vicariously liable for the tortious acts that its employees commit during the course and scope of employment.

A

True

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25
Q

T/F: A farming operation that would otherwise be protected by Arkansas’ Right to Farm statute can be subject to a nuisance lawsuit if it changes in size and/or employs a new technology.

A

True

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26
Q

Which of the following is the best legal definition of a nuisance?
A) An unjustifiable and observable interference with personal property.
B) None of the above.
C) A subjective and unreasonable interference with personal property.
D) A substantial and unreasonable interference with another person’s property interest.

A

D

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27
Q

In general, Right to Farm statutes protect farming operations engaged in accepted agricultural practices from ____ lawsuits.

A

nuisance

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28
Q

T/F: If a spouse owns a business prior to marriage, he or she is allowed to keep the business upon divorce regardless of whether his or her spouse made financial contributions to the business or provided support for the business during the marriage.

A

It depends

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29
Q

T/F: Under Arkansas equitable distribution approach to divorce, the parties are limited to receiving a 50/50 split of marital assets regardless of other factors and unique circumstances in the marriage.

A

False

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30
Q

Eminent domain involves a government taking of private property for __a__ use upon payment of __b__.

A

a. public
b. just compensation

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31
Q

T/F: When it comes to establishing that an eminent domain taking is for a public use, courts have interpreted the definition of a “public use” narrowly to include only those projects that would have a direct public purpose, i.e., a government facility.

A

False

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32
Q

Which of the following statements about wills and trusts is accurate?
A) A trust is an agreement that allows a party to have control of your assets and to manage them for the benefit of named beneficiaries, whereas a will is a document that describes your wishes regarding dispersal of your property upon death.
B) A will is an agreement that allows a party to have control of your assets and to manage them for the benefit of named beneficiaries, whereas a trust is a document that describes your wishes regarding dispersal of your property upon death.

A

A

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33
Q

What percent of animals slaughtered in the US are raised and processed in the modern industrial agriculture system?

A

95%

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34
Q

T/F: Animal agriculture is a very consolidated industry where only a handful of companies control the overwhelming majority of production.

A

True

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35
Q

Which of the following best defines accepted agricultural practices and their role in livestock production?
A) A set of industry-derived standards reflecting the practices that the industry deems humane and acceptable.
B) A set of guidelines derived by a third-party auditing company to provide consumers with assurance regarding animal welfare methods.
C) A set of regulations provided by the USDA regarding the methods that can be used during the transport and slaughter of livestock animals.
D)None of the above

A

A

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36
Q

Due to inconsistency in animal-related laws what is the ranking of farm animals, wildlife, companion animals, and research/education animals?

A

Companion > Wildlife > research/education > farm

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37
Q

What competing interests or issues should be considered when thinking about farm animal welfare regulations?

A

Ethical production of food animals
Efficiency
Cost
Transparency
Sustainability/Environmental Impact
Burden on Industry
Quality
Competition vs Consolidation

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38
Q

How many farm animals are slaughtered yearly?

A

Around 9.5 billion

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39
Q

What is a key driver for the US moving toward industrial animal agriculture?

A

Consolidation
Several decades of mergers & acquisitions

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40
Q

What are the 4 main characteristics of Confined Animal Feeding Operations?

A
  1. Minimized input costs
  2. Process Specialization
  3. Vertical integration
  4. Conformity of process and animals

All leading to efficiency

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41
Q

What are the 5 Freedoms that were adopted by the Farm Animal Welfare Council?

A
  1. Freedom from hunger & Thirst
  2. Freedom from discomfort
  3. Freedom from pain, injury, & disease
  4. Freedom to express normal behaviors
  5. Freedom from fear and distress
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42
Q

What do Ag Gag laws allow companies to do?

A

Sue individuals who take unauthorized photographs, videos, or other material on the company property for the purpose of exposing alleged animal welfare offenses.

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43
Q

What is another name for Ag Gag laws?

A

Anti-whistleblower laws

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44
Q

Who are the stakeholders in farm animal welfare?

A
  • Producers who raise livestock
  • Major companies who purchase, process, distribute, & market animal products
  • Input suppliers
  • consumers
  • livestock
  • environmentalists
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45
Q

We slaughter roughly ____ billion animals in the US each year.

A

9.5

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46
Q

Today, ____% of livestock animals are raised and processed in the conventional industrial animal agriculture system.

A

95

47
Q

Under US law, animals are generally considered ____ property.

A

Personal

48
Q

Define Confined Animal Feeding Operation (CAFO)

A

Defined by EPA as the number of animal units within the operation.

49
Q

What are other factors that are considered within the discussion of animal welfare?

A

Social, culture, anthropomorphic

50
Q

Why are many ag gag laws drafted broadly rather than ag specific?

A

Free speech and equal protection

51
Q

What does Arkansas’ ag gag laws say?

A
  • Provide penalties for people who obtain damaging information by illegal trespassing
  • Allows the company to sue anyone who damages the company’s reputation with unauthorized video or photographs
  • It’s not limited to agriculture production— could apply to any business enterprise
  • There is a provision applicable to existing employees that’s not very clear
52
Q

A Grocery Shopper Trends Survey found that ____% of consumers preferred “shopping at stores that they believe use only sources that treat animals humanely.”

A

21%

53
Q

An ASPCA survey found ____% of consumers were concerned about animal welfare of animals raised for food.

A

71%

54
Q

The Animal Humane Association reported that ____% of consumers were concerned about farm animal welfare.

A

94.9%

55
Q

A study by Animal Humane Association reported that ____% of consumers stated they’re willing to pay for humanely raised meat, dairy, and eggs.

A

75.7%

56
Q

Which Senator co-wrote the current mandatory GMO labeling law?

A

Sen. Pat Roberts (R-KS)

57
Q

T/F: Enacting a federal bill that provides farm animal welfare requirements would be incredibly difficult.

A

True

58
Q

Who currently advocates for increased farm animal welfare protections to increase regulations?
Is it state-by-state or federal?

A

Stakeholders in companies
State-by-state

59
Q

Which two states are the only ones who include explicit anti-cruelty provisions for farm animals?

A

California & New York

  • These are only for criminal actions
60
Q

What are the 5 main ways to regulate livestock welfare?

A
  1. Breeding
  2. Confinement **
  3. Feed/Pharmaceuticals
  4. Transportation
  5. Slaughter
61
Q

How are genetically engineered animals intended for human food consumption regulated?

A

New Animal Drugs

62
Q

What is the gestation period for pork?

A

114 days
3 months, 3 weeks, 3 days

63
Q

Define ballot initiative

A

method by which a petition signed by a certain minimum number of REGISTERED voters can require the state to hold a public vote on a proposed statute or constitutional amendment.

64
Q

What are other names for the ballot initiative?

A

Citizen initiative
Voter initiative
Popular initiative
Simply initiative

65
Q

How many states recognize and allow the ballot initiative process?

A

24

66
Q

What year and which state was the first to utilize the ballot initiative process to ban slaughter of horses to produce horse meat?

A

1998 in California

67
Q

Which 9 states have banned gestation crates?

A

Florida, Arizona
California, Colorado
Maine, Michigan
Ohio, Oregon
Rhode Island

68
Q

There are ____ major food companies that have set official policies to phase out gestation crates.

A

60

Smithfield Foods began in 2007

69
Q

What year did California approve proposition 2?

A

2008

70
Q

What is California’s Proposition 2?

A

Ballot measure to provide minimum space requirements for a number of farm animals.

71
Q

What is a “covered animal?”

A

any pig during pregnancy, calf raised for veal, or egg-laying hen who is kept ON a farm.

72
Q

Define enclosure based on California’s Prop 2

A

any cage, crate, or other structure (including gestation crates for pigs, veal crates for calves, or a battery cage for egg layers) used to confine a covered animal.

73
Q

What was seen as the big issue with Prop 2 after it passed?

A

There wasn’t a ban on the sale of eggs in California from out of state producers who did not follow their guidelines.

74
Q

What is the dormant commerce clause?

A

Any state law which affects interstate commerce must be:
- Rationally related to a legitimate state concern AND
- The burden on interstate commerce must be outweighed by the benefit to the state’s interests

75
Q

Which states have banned battery cages?

A

California
Michigan
Ohio
Washington
Massachusetts

76
Q

What is a critical part of Prop 2 that the law doesn’t define?

A

How much space is enough

77
Q

Which 4 states have banned battery cages, gestation crates, and veal crates?

A

California*
Massachusetts*
Michigan
Ohio

  • also ban the sale of products produced using the prohibited confinement mechanism, regardless of where it’s produced
78
Q

Which four states have banned only gestation crates and veal crates?

A

Arizona
Colorado
Maine
Rhode Island

79
Q

Which two states have only banned gestation crate confinement?

A

Florida
Oregon

80
Q

Which one state has only banned battery cage confinement?

A

Washington

81
Q

Define alternative feed

A

Non-traditional livestock feed supplements used to balance out traditional feeds such as grass, hay, and grains

They help to balance the diet, not completely replace diet.

82
Q

T/F: Animal feed tends to be the single most expensive aspect of livestock production.

A

True

83
Q

What was the Twenty-Eight Hour Law passed?

A

March 3, 1873

84
Q

What type of livestock is excluded from the HMSA?

A

Poultry – no federal law provides any regulation of poultry slaughter.

85
Q

List the 4 approved methods of slaughter

A
  1. Carbon Dioxide Gas
  2. Captive Bolt
  3. Gunshot
  4. Electrical Stunning
86
Q

Whose Animal Welfare Audit is the industry standard?

A

Temple Grandin

87
Q

List the 5 main critical control points at a beef or pork slaughter plant:

A
  1. At least 95% of animals stunned on the first shot
  2. % that remain insensible
  3. No more than 1% falling or slipping
  4. No more than 3% mooing, bellowing, or squealing
  5. No more than 25% being hit with an electric prod
88
Q

What are the five acts of abuse that would result in an automatic audit failure?

A
  1. Dragging sensible non-ambulatory animals
  2. Poking the animal in sensitive areas such as eyes, ears, nose, or rectum with an electric prod or other object
  3. Deliberately driving animals over the top of other animals
  4. Slamming gates on animals
  5. Beating animals or breaking tails
89
Q

Why does the FSIS prohibit most nonambulatory cattle from being slaughtered before being inspected?

A

Increased risk of having Bovine Spongiform Encephalopathy (BSE)

90
Q

What is Bovine Spongiform Encephalopathy?

A

BSE = Mad Cow Disease

91
Q

Define nonambulatory disabled livestock

A

cannot rise from a recumbent position or that cannot walk, including, but not limited to, those with broken appendages, severed tendons or ligaments, nerve paralysis, fractured vertebral column, or metabolic condition

92
Q

What is the Homestead Act

A

Signed into law in 1862 by Abraham Lincoln
Encouraged western migration by offering 160 acres of public land to settlers
Each homesteader had to live on the land, build a home, make improvements, and farm for 5 years to ultimately obtain ownership of the land

270 million acres, 10% of the area of the US, was claimed and settled under this act.

93
Q

Examples of Private Rights of Owners

A
  • Buying, selling farmland
  • Leasing farmland
  • Using mortgages and installment contracts for financing
  • Transferring farmland between generations
  • The right to use land according to one’s wishes
94
Q

Define the Private Rights of Owners

A

the rights of owners and individuals with legal interests in the land

i.e. tenants, to possess, use, transfer, and sell the land as they wish

95
Q

Define the Public Interest in How Land is Used

A

How landowners actions can help promote and protect shared public goals

96
Q

Examples of Public Interest in How Land is Used

A
  • Duty to pay property taxes
  • Duty to obey land use laws
  • Duty to comply with laws requiring soil and water conservation
  • Duty to avoid creating a nuisance
  • The public interest in ensuring the productive use of land
97
Q

Define human interactions

A

The various dealings, rights, duties, and privileges that people have between each other.

98
Q

Define relation to land

A

The human interactions that are regulated relate to a piece of land

99
Q

What are the 6 main property rights

A

The right to:
1. possess
2. control
3. exclude
4. enjoy
5. transfer
6. destroy

100
Q

Define a contract

A

agreement between two or more parties for the performance of some service or the exchange of some good

101
Q

To be valid a contract must include:

A
  • An offer
  • Reasonably certain subject matter
  • Consideration/quid pro quo
  • Acceptance
  • Appropriate mental capacity
102
Q

What are the 4 different types of leases?

A
  1. Tenancy at will
  2. Periodic tenancy
  3. Tenancy for a term of years
  4. Tenancy at sufferance
103
Q

Define tenancy at will

A

Either party can terminate the lease agreement at any time

104
Q

Define Periodic tenancy

A

The parties agree that the lease will continue for a specific periods (less than 1 year) until the tenant notifies the landlord that she is terminating the lease

Ex. month-to-month leasing

105
Q

Define tenancy for a term of years

A

The parties agree that the lease will continue for a one-year period. The default assumption is that the lease will terminate unless the tenant gives notice of her intent to renew the lease

106
Q

Define tenancy at sufferance

A

property renter is permitted to live in a property after a lease term has expired, but before the landlord demands the tenant vacate the property. If a tenancy at sufferance occurs, the original lease conditions must be met, including the payment of any rents.

107
Q

What is a cash rent lease?

A

Tenant is obligated to pay a fixed dollar amount in rent

108
Q

What is a crop-share lease?

A

The landlord will share input costs (including but not limited to seed, fertilizer, fuel) while the tenant provides all of the labor and remaining input costs

109
Q

What is a hybrid lease?

A

Parties have broad discretion to determine the terms and scope of the agreement – combines cash rent and crop-share features

Often it is drafted with an attorney due to being more complicated

110
Q

Define a will

A

legal document that describes the testator’s wishes regarding the dispersal of his/her assets

111
Q

Define a trust

A

A fiduciary agreement that allows a third party to have control over your assets and to manage them for the benefit of a named beneficiary(/ies)

112
Q

T/F: There are currently twice as many farmers over the age of 65 as there are under the age of 35.

A

True

113
Q

What is vicarious liability?

A

an employer is liable for the tortious actus its employees commit during the course and scope of employment

Agriculture Law (2 decks)

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