Question I – Explain some of the hurdles litigants have encountered when it comes to the Endangered Species Act and standing to bring a lawsuit.

Question II – A contract is made between two parties.  The terms of the contract are complete and unambiguous.  A dispute arises between the Parties.  Party A wants to pull out of the contract without penalty.  Party B argues that Party A’s proposed action is prohibited by the express terms of the contract.  Party A argues that the Parties verbally agreed to ignore that provision of the contract that would impose a penalty on Party A.  Which Party will prevail and why?

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